Lost/Stolen by FedEx- Gretsch Masterbuilt Purple (or blue grape) Sparkle & White Penguin

FreddieVanHalen

Update: thanks to all who were keeping an eye out - guitar was recovered as mis-delivered and was not stolen.
FedEx did still manage to break the headstock though, jokers!

****
OK, I am totally devastated. I had a Stephen Stern Masterbuilt White Penguin shipped to be by fedex and it has mysteriously disappeared from their depot.

This has very likely been stolen. If you see anything like this for sale anywhere please let me know straight away.
IF YOU HAVE THIS GUITAR CONTACT ME. I will be the lowest risk way of getting this very distinctive and unique stolen property away from you!

I'll get some pictures up later but the specs are:
Purple/grape sparkle top
White penguin back and sides
Stephen Stern master built new old stock finish
Bigsby and gold hardware
Filtertron pickups
Ebony fretboard

That is a rare as hobby horse shit guitar so if that turns up for sale it's almost certainly stolen. Please please keep an eye out for me.

This is the ultimate courier nightmare. Cannot believe Fedex have messed this up so badly. FFS. I cannot describe how gutted I feel right now.
DO NOT EVER SHIP ANYTHING WITH FEDEX THAT YOU WANT TO SEE AGAIN!!

GoldenEraGuitars

Wow, I’m so sorry to hear this. What are they saying about it? Have you had any comms with them?

FreddieVanHalen

lonestar said:

Wow, I’m so sorry to hear this. What are they saying about it? Have you had any comms with them?

Oh I've had lots of comms, but they've finally admitted this package has been lost. They couldn't give less of a shit about my losses, it's just another box to them.

Wazmeister

Wow, Andy, so sorry to hear this mate...

Get some photos up 

guitars4you

Will keep an eye open - Sorry to hear about such an issue

How is it covered regarding insurance wise - Not sure if this was shipped from a dealer/business or from a private seller, but what is there responsibility in all of this regarding non delivery

FreddieVanHalen

Wazmeister said:

Wow, Andy, so sorry to hear this mate...

Get some photos up 

Thanks Waz. Will be this evening before I can get photos up I think but will do ASAP.

There can't be too many spangly purple and white Stephen Stern masterbuilt penguins around, so if anything even remotely like this please let me know folks.

I've been properly kicked in the crotch on this one I feel physically sick.

FreddieVanHalen

guitars4you said:

Will keep an eye open - Sorry to hear about such an issue

How is it covered regarding insurance wise - Not sure if this was shipped from a dealer/business or from a private seller, but what is there responsibility in all of this regarding non delivery

Unfortunately there is a disagreement over insurance. There is some but I'm never going to get the full value back and I'm thousands down on this all thanks to FedEx. And they couldn't care less.

guitars4you

FreddieVanHalen said:

guitars4you said:

Will keep an eye open - Sorry to hear about such an issue

How is it covered regarding insurance wise - Not sure if this was shipped from a dealer/business or from a private seller, but what is there responsibility in all of this regarding non delivery

Unfortunately there is a disagreement over insurance. There is some but I'm never going to get the full value back and I'm thousands down on this all thanks to FedEx. And they couldn't care less.

Appreciate that Fed Ex, in fact all carriers, have limited cover to cover the full value of the goods - And I dare say a host of get out clauses within T&C - Not sure if Fed Ex have any legal obligation to cover a full value based on theft, as against loss or damage

How long has the parcel been missing ? - They often require a few weeks to implement a search procedure and often longer before they pay out any insurance 

Not sure who commissioned Fed Ex to collect/deliver - You or the sender - Surely the seller/sender has some responsibility in this regarding non delivery to you

FreddieVanHalen

Thanks Mark - it's been missing for a week now.
Someone else commissioned the shipment but as you note above it's very muddy water in terms of achieving  a payout. I will be fighting tooth and nail!

In the short term I'm going to do everything I can to turn this thing up, it's too rare to just go missing.

guitars4you

FreddieVanHalen said:

Thanks Mark - it's been missing for a week now.
Someone else commissioned the shipment but as you note above it's very muddy water in terms of achieving  a payout. I will be fighting tooth and nail!

In the short term I'm going to do everything I can to turn this thing up, it's too rare to just go missing.

In my view the seller surely has some responsibility in this issue - Especially if the seller is a business - After all it is still non delivery, be it theft or loss

Not sure what the legal issue is if the seller is a private individual

Not sure if you paid by card, paypal etc - Not sure what legal cover they offer - Thought card companies offer you some protection cover

JD50

guitars4you said:

FreddieVanHalen said:

Thanks Mark - it's been missing for a week now.
Someone else commissioned the shipment but as you note above it's very muddy water in terms of achieving  a payout. I will be fighting tooth and nail!

In the short term I'm going to do everything I can to turn this thing up, it's too rare to just go missing.

In my view the seller surely has some responsibility in this issue - Especially if the seller is a business - After all it is still non delivery, be it theft or loss

Not sure what the legal issue is if the seller is a private individual

Not sure if you paid by card, paypal etc - Not sure what legal cover they offer - Thought card companies offer you some protection cover

Bit harsh on the seller? Are business required to carry insurance for this sort of thing? Its FedEx fault after all.

MLten80

feel your pain dude

UPS lost my mayones duvell last week too
 got a refund but no excuses/explanation etc

wankers 

Wazmeister

FreddieVanHalen said:

Thanks Mark - it's been missing for a week now.
Someone else commissioned the shipment but as you note above it's very muddy water in terms of achieving  a payout. I will be fighting tooth and nail!

In the short term I'm going to do everything I can to turn this thing up, it's too rare to just go missing.

Its a shocking story mate, truly shocking...

The way around this, when buying guitars, is to meet some dodgy looking geezer at Wolverhampton Train Station

Whitecat

JD50 said:

guitars4you said:

FreddieVanHalen said:

Thanks Mark - it's been missing for a week now.
Someone else commissioned the shipment but as you note above it's very muddy water in terms of achieving  a payout. I will be fighting tooth and nail!

In the short term I'm going to do everything I can to turn this thing up, it's too rare to just go missing.

In my view the seller surely has some responsibility in this issue - Especially if the seller is a business - After all it is still non delivery, be it theft or loss

Not sure what the legal issue is if the seller is a private individual

Not sure if you paid by card, paypal etc - Not sure what legal cover they offer - Thought card companies offer you some protection cover

Bit harsh on the seller? Are business required to carry insurance for this sort of thing? Its FedEx fault after all.

Not harsh at all IMO. Put yourself in the buyer’s shoes - you’d want a refund/replacement because you paid for something that was not delivered. Whose fault that is almost doesn’t matter - you wouldn’t care if the seller had to chase FedEx for their money back, as long as you got yours back as well in a timely manner. 

If you paid many thousands for a guitar that went missing before delivery you’re not gonna shrug your shoulders and go “oh well, not the seller’s fault so there’s nothing I can do” are you...

cbakay

I wouldn’t lose hope just yet, there’s gotta be good procedures in place. Same thing happened to me but with UPS, my return item got lost for a week+, then they located it..

AlexO

I'm always searching the CS Gretsch guitars so I'll keep an eye out. Put a post on the Gretsch forums and Facebook pages also.

Hoping it turns up for you mate.

guitars4you

JD50 said:

guitars4you said:

FreddieVanHalen said:

Thanks Mark - it's been missing for a week now.
Someone else commissioned the shipment but as you note above it's very muddy water in terms of achieving  a payout. I will be fighting tooth and nail!

In the short term I'm going to do everything I can to turn this thing up, it's too rare to just go missing.

In my view the seller surely has some responsibility in this issue - Especially if the seller is a business - After all it is still non delivery, be it theft or loss

Not sure what the legal issue is if the seller is a private individual

Not sure if you paid by card, paypal etc - Not sure what legal cover they offer - Thought card companies offer you some protection cover

Bit harsh on the seller? Are business required to carry insurance for this sort of thing? Its FedEx fault after all.

certainly the innocent party in all of this is the buyer

I don't know if the goods were purchased from a private buyer or a business in this instance - Ultimately it appears to be non delivery of goods - Agree if it is theft, as against loss and Fed EX admit this, then they should have a different liability - But I don't know what is hidden in all the small print within T&C - It will be similar to all other carriers

If you purchased goods from me or Amazon and goods were loss/damaged/stolen in transit then the legal situation is for the seller to take up such a matter with the shipping company and insurance company - Not the buyer's responsibility to have to arrange this - Card company will also protect the buyer as well, if purchased this way - I don't handle paypal, so not sure what protection they offer the buyer, but suspect it will be similar to the card companies - In such circumstances the buyer should receive a full refund, or replacement as required/appropriate

No legal position that a business has to take up additional insurance to cover any short fall that the carrier offers - As a peace of mind I do - Goods in transit cover for most of the world that covers up to £15K per item - Costs me about £400 a year - But worth the peace of mind - I dare say the insurance company would pay me and take it up with the courier for their rebate, if goods actually stolen when under the protection of the courier

But above comments are based on the legal requirements of buying from a  business - If goods were purchased from a private seller, then the seller will probably have no/little protection regarding insurance cover or indeed any responsibility - But still worth looking at any cover that paypal offers - Not sure what payment utilised in this instance 

MLten80

we should have a list of missing guitars & serial numbers
 (excuse me if there is already such a thread )

guitars4you

cbakay said:

I wouldn’t lose hope just yet, there’s gotta be good procedures in place. Same thing happened to me but with UPS, my return item got lost for a week+, then they located it..

I had a £200 Strat body go missing over the Christmas period - Shipped via UPS - just lost all form of tracking

UPS instigated a search policy and after 10 days admitted lost - So time to speak to the insurance company - Customer refunded - 2 days later goods returned to me - As it happened the customer still wanted the goods, so repeat payment/procedure

Touch wood - I've not had a parcel go missing - I've had a few that might have been delayed, miss routed and turned up a day late - I recall only 1 damage claim in 15 years - So can't complain

fretmeister

JD50 said:

guitars4you said:

FreddieVanHalen said:

Thanks Mark - it's been missing for a week now.
Someone else commissioned the shipment but as you note above it's very muddy water in terms of achieving  a payout. I will be fighting tooth and nail!

In the short term I'm going to do everything I can to turn this thing up, it's too rare to just go missing.

In my view the seller surely has some responsibility in this issue - Especially if the seller is a business - After all it is still non delivery, be it theft or loss

Not sure what the legal issue is if the seller is a private individual

Not sure if you paid by card, paypal etc - Not sure what legal cover they offer - Thought card companies offer you some protection cover

Bit harsh on the seller? Are business required to carry insurance for this sort of thing? Its FedEx fault after all.

Nope.

If the seller is organising the shipping then part of the deal is to safely deliver the item to the buyer. Until it has been delivered the seller has not completed his obligations.

That means the seller has to refund the buyer and then go after the courier for their loss.


So the OP should report it to the police as a possible theft, then start talking his credit card company / paypal etc for refunds if paid that way.

If not - time to start a claim against the seller and let the seller being in Fedex as another defendant.


Assuming all of this is in England and Wales of course. Other jurisdictions may apply.

merlin

How long has it been missing?
I've had stuff sent by 24hr services that are due for delivery on a Friday, get lost and arrive on Monday or Tuesday.... Keep hope and in the meantime get the serial number circulated.