Jim Rosenthal
Supporter
Re: Gearbox For Sale GT40 ZF 5DS-25 Type 0
There's a world of difference between a commercial supplier who routinely drop-ships merchandise (on the one hand) and this situation (on the other) Drop shipping does well for everyone- the buyer gets the items sooner, the shipping cost is less, and the vendor and the manufacturer or jobber get a sale. The buyer doesn't care where it comes from as long as it arrives intact, and someone stands behind the transaction if the item isn't what he needs or is found damaged on arrival. When you buy something from a vendor, you assume that they will stand behind the sale and make you whole if something goes wrong. You don't care where it came from, as long as the person you did business with is available in case something is not right with the item when you receive it.
THIS situation is entirely different, and comparisons with companies such as Summit do not apply here. What isn't in doubt is that Shaughnessy paid for something and didn't get it. He's entitled to have his money returned to him. It's not possible to tell, from what Pete is saying or not saying, exactly what happened on his end: did he just decide to sell it to someone else and keep Tom's funds, did he never have the ZF in the first place, did he get screwed by someone who never sent the goods to him- we don't know. And more than likely we won't until the case gets litigated and the facts, such as they are, come to light in court.
But whatever mistakes Pete may have made are immaterial. If he trusted the wrong person, why should Tom pay for it? Answer: he shouldn't. If Pete didn't have the goods in possession when he accepted Tom's money, then he did so under false pretenses and lied to Tom. And Pete should have recognized that you don't sell something you don't own. Even if Pete had paid for it (and I haven't seen any proof here that he did) paying for something and having a receipt is not the same thing as actually having it in your possession so that you can now sell it to someone else.
Pete needs to pay up. I've been on the receiving end of this kind of thing, fortunately not for this amount. It doesn't feel good. Whatever Pete's troubles may or may not have been with his supplier, it has no bearing on the fact that he owes Tom for the funds that were sent to Pete, with no good shipped in exchange for those funds.
There's a world of difference between a commercial supplier who routinely drop-ships merchandise (on the one hand) and this situation (on the other) Drop shipping does well for everyone- the buyer gets the items sooner, the shipping cost is less, and the vendor and the manufacturer or jobber get a sale. The buyer doesn't care where it comes from as long as it arrives intact, and someone stands behind the transaction if the item isn't what he needs or is found damaged on arrival. When you buy something from a vendor, you assume that they will stand behind the sale and make you whole if something goes wrong. You don't care where it came from, as long as the person you did business with is available in case something is not right with the item when you receive it.
THIS situation is entirely different, and comparisons with companies such as Summit do not apply here. What isn't in doubt is that Shaughnessy paid for something and didn't get it. He's entitled to have his money returned to him. It's not possible to tell, from what Pete is saying or not saying, exactly what happened on his end: did he just decide to sell it to someone else and keep Tom's funds, did he never have the ZF in the first place, did he get screwed by someone who never sent the goods to him- we don't know. And more than likely we won't until the case gets litigated and the facts, such as they are, come to light in court.
But whatever mistakes Pete may have made are immaterial. If he trusted the wrong person, why should Tom pay for it? Answer: he shouldn't. If Pete didn't have the goods in possession when he accepted Tom's money, then he did so under false pretenses and lied to Tom. And Pete should have recognized that you don't sell something you don't own. Even if Pete had paid for it (and I haven't seen any proof here that he did) paying for something and having a receipt is not the same thing as actually having it in your possession so that you can now sell it to someone else.
Pete needs to pay up. I've been on the receiving end of this kind of thing, fortunately not for this amount. It doesn't feel good. Whatever Pete's troubles may or may not have been with his supplier, it has no bearing on the fact that he owes Tom for the funds that were sent to Pete, with no good shipped in exchange for those funds.
