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Discussion Starter · #1 ·
I recently won a 1972 model 1895 on GB:



I paid a premium for it because it was a 1972 and in excellent shape.

It arrived damaged. The bottom of the butt stock tip was broken off and the rear leaf sight was also broken.

Here is the damage to the butt stock:



And here is the broken sight:



I have according to the auction a 3 day right to return unfired. The seller, who is an FFL, has asked me to take pictures of the box as it was insured. I have yet to take possession of the gun from my receiving dealer.

The serial number is B0085xx and I think it is a micro grooved barrel although not marked as such.

Should I take possession and chance getting it fixed or send it back? I believe the dealer that shipped it is the insured in this case, and I paid for it with my credit card.

What are your sage thoughts?

TYIA

Dan
 

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Depends on how much you paid. If you stole it maybe you can work with the dealer. If the price wasn't the greatest return it and there will always be another to be had.
 
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Send it back and let the dealer deal with the insurance with the shipper. There are many other pre-Remmy Marlins to be had.
 

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Has the seller given his opinion or made any suggestions? Was the piece that broke off the butt stock still in the box? If you want it as a shooter, and the seller is willing to reduce the cost of the rifle, I'd keep it and fix it. Will the insurance policy pay for the repairs? And will they pay if you own the gun or must it be paid to the seller?
 

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Been there, and in my case did everything wrong, took delivery, tranferred gun, I let the dealer string me along until it was to late to: tossed the packaging so the freight company had nothing to investigate and past the time to make a negative feed back on GB, the dealer never did take the rifle back, I got no help from GB anywhere along the way, except lip service. You should not take possesion. While the dealers says he is pursueing insurance, you should also contact the frieght company. The company will send out a rep to your FFL to document the claim, examine the packaging, if thats not happening something is wrong.
 

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Discussion Starter · #10 ·
Has the seller given his opinion or made any suggestions? Was the piece that broke off the butt stock still in the box? If you want it as a shooter, and the seller is willing to reduce the cost of the rifle, I'd keep it and fix it. Will the insurance policy pay for the repairs? And will they pay if you own the gun or must it be paid to the seller?
Good questions. It is FedEx shipping insurance and it is the shipping dealer is insured. I think I have decided based on this short conversation to return it.

Thank you all.

D
 

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FEDEX Did the Same Thing to Me. Accept the Other Way Around.
I Sold my 1979 444S to another M.O. Member & Shipped it thru My Local FFL.
The Rifle Was Well Packaged & Boxed. I even Paid for $600 Insurance on the Shipment.
When it Arrived at the Buyers FFL, They Unpacked it & the Butt Stock was Snapped,
Across the Grain, at the Wrist. Luckily the Buyer Notified Me Immediately.
I then Called My FFL & They Had Already Reported the Damage to My FFL & Sent Photos.
My FFL Called FEDEX & Filed a Claim for Damages for the Full Amount.
FEDEX Contacted My FFL & Said that they would Send an Adjuster to Look at the Rifle
& Asses the Damage.
The Very Next Day the Recieving FFL was Notified by the Local FEDEX Driver to Pack it Up for Return Shipment.
Next thing I know My FFL Calls Me & Says that FEDEX Returned the Rifle.
He Unpacked it & Took Photos of the Rifle.
Then I Get Involved & Both Myself & My FFL Start Calling FEDEX.
No Answer & No Return Calls.
Finally Several Days Later FEDEX Notifies My FFL that the Insurance Claim was Declined.
Their Reason was that it was Improperly Packaged because it was Not Packed in the Factory Original Box?
My FFL Finally Contacted FEDEX & Asked "When Did They Inspect the Rifle?"
Their Answer was that they Looked at it at Their Transfer Station? Really!
According to My FFL the Tape Used by the Other FFL was Never Cut.
They had Talked Prior to Packing it Up & Agreed that he would Use Green Duct tape On the Stock & Box.
So, Now FEDEX has been Caught in a Lie.
I Finally had to Talk to a Lawyer & was Advised to File in "Small Claims Court".
So.... That's What I Had to Do.
Filed the Claim at the County Courthouse for $600 Plus $30 Shipping.
Just To File the Claim Cost Me $78 Out of My Pocket!
2 Weeks Later FEDEX Sends Me a Letter Stating that I Need to Contact Them.
In the Letter they Wanted Me to Provide them with the Tracking Number & Claim Number?
So that they can "Settle Out of Court"
I Called, Got Voice Mail & Left a Message with All of this Info (That They Already Have)
& Never Received a Return Call.
Total BS if you ask Me. Can't Wait till This Goes to Court!
The Judge is Gonna Have a Ball w/ Hearing FEDEX Lie about this one.
My Advise Is:
Leave it At Your FFL & Sue the Shipping Company for the Damages.
Take them to Small Claims Court for The Full Amount.

Talk this Over with Your FFL.
It May Be Like My Case & The Shipper/ Original Owner Has to File The Claim.
Whatever You Do Do Not Ship it Back Before You Contact The Seller.
Sorry this is Long Winded. But I'm Still PO'd about the Whole Runaround.
UncleSarge58
 

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Discussion Starter · #12 ·
FEDEX Did the Same Thing to Me. Accept the Other Way Around.
I Sold my 1979 444S to another M.O. Member & Shipped it thru My Local FFL.
The Rifle Was Well Packaged & Boxed. I even Paid for $600 Insurance on the Shipment.
When it Arrived at the Buyers FFL, They Unpacked it & the Butt Stock was Snapped,
Across the Grain, at the Wrist. Luckily the Buyer Notified Me Immediately.
I then Called My FFL & They Had Already Reported the Damage to My FFL & Sent Photos.
My FFL Called FEDEX & Filed a Claim for Damages for the Full Amount.
FEDEX Contacted My FFL & Said that they would Send an Adjuster to Look at the Rifle
& Asses the Damage.
The Very Next Day the Recieving FFL was Notified by the Local FEDEX Driver to Pack it Up for Return Shipment.
Next thing I know My FFL Calls Me & Says that FEDEX Returned the Rifle.
He Unpacked it & Took Photos of the Rifle.
Then I Get Involved & Both Myself & My FFL Start Calling FEDEX.
No Answer & No Return Calls.
Finally Several Days Later FEDEX Notifies My FFL that the Insurance Claim was Declined.
Their Reason was that it was Improperly Packaged because it was Not Packed in the Factory Original Box?
My FFL Finally Contacted FEDEX & Asked "When Did They Inspect the Rifle?"
Their Answer was that they Looked at it at Their Transfer Station? Really!
According to My FFL the Tape Used by the Other FFL was Never Cut.
They had Talked Prior to Packing it Up & Agreed that he would Use Green Duct tape On the Stock & Box.
So, Now FEDEX has been Caught in a Lie.
I Finally had to Talk to a Lawyer & was Advised to File in "Small Claims Court". So.... That's What I Had to Do.
Filed the Claim at the County Courthouse & 2 Weeks Later FEDEX Sends Me a Letter Stating that I Need to Contact Them.
In the Letter they Wanted Me to Provide them with the Tracking Number & Claim Number?
So that they can "Settle Out of Court"
I Called, Got Voice Mail & Left a Message with All of this Info (That They Already Have)
& Never Received a Return Call.
Total BS if you ask Me. Can't Wait till This Goes to Court!
The Judge is Gonna Have a Ball w/ Hearing FEDEX Lie about this one.
My Advise Is:
Leave it At Your FFL & Sue the Shipping Company for the Damages.
Take them to Small Claims Court for The Full Amount.

Talk this Over with Your FFL.
It May Be Like My Case & The Shipper/ Original Owner Has to File The Claim.
Whatever You Do Do Not Ship it Back Before You Contact The Seller.
Sorry this is Long Winded. But I'm Still PO'd about the Whole Runaround.
UncleSarge58
Dude! you have way too much time available. I can't find time to shoot let alone days to deal with small claims, etc. I do not have possession and I am not going to take possession for this reason. Too many hassles for too little gain.

D
 

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as of now you are not the owner of the gun. until your receiving ffl has you fill out the 4473 the seller is still the owner. ride him for a refund and let him take care of the circus of who did what to whom.
 

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Man this is rough. Definitely do not accept that. The only rifle I received very horribly packed and shipped was my SDT that I bought off the sale section here. The front and rear sight were actually broken. To hit with enough force to snap the steel on the Williams rear sight had to be ridiculous. The gun was actually just shipped in the factory box duct taped closed lol and actually shipped that way! I couldn't believe not to mention it took forever to ship. After all that time went by I just put the gun back together and it seems to shoots ok.
 

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The rifles I've had shipped (both sending and receiving) have been extremely well packed to deal with the shipping gorillas. John Taylor returned my ancient 1893 inside a double box that was firmly packed with cross-cut paper shreds. The outer box showed damage, but the precious contents were fine. The paper packing added to the weight, but it worked well.
 

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I have also had problems with fed-x on insurance claims in the past not on firearms but other shipments. It is never fun having to file the claim and wait on reimbursement. I would not take possession and let the seller deal with it.
 

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Discussion Starter · #18 ·
The seller agreed to accept the item back and refund my purchase price. He had poorly packed the item. There was at six inch void at one end of the box and it was in a single shipping box that showed no damage. Although the gun was wrapped in bubble wrap and oil free paper, there was room for it to move inside the box. It must have gotten dropped hard.

Now I need to get my money back on my CC.

D
 

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I had a similar situation with an 03A3 Springfield I bought on GB. The rifle arrived with a gouge in the stock that wasn't there in the pictures that were posted in the ad. I contacted the seller and was told that I could return it if I chose or, I could see how much it would cost to reapair the stock and he'd pay for that. I chose the latter and had it fixed because it was a really nice rifle. True to his word, he sent me a check that covered the repair and all shipping costs incurred. In most cases, the dealer will work with you rather than lose a sale. The rear sight is easy enough to replace and you can find another buttstock. As a matter of fact, on my 1895 Cowboy, I replaced the rear buckhorn sight with a peep sight anyway.
 

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That's too bad, BigDanS...and it was a B0 model, too. I think the price was fair for what it was, so hopefully you can find a similar one to replace it. A later 1970s pre-safety model will run less than the B0 model, but they also have the micro-groove rifling, which take a bit more effort to find the right cast bullets for accuracy.
 
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