I did a bad thing.

[SOLANCO]

Something floating to the surface here from Business Law 101 circa 1965.
FOB. Free on Board. FOB Origin buyer pays. FOB Destination seller pays. As I recall the course, the person paying the freight was responsible for damages and shortages. In effect, if the buyer paid the freight he assumed all responsibility when he did so. The shipping company, be it USPO, FEDEX, USPS or whoever became HIS agent. And problems HIS responsibility.

 

[Appowner]

Something floating to the surface here from Business Law 101 circa 1965.
FOB. Free on Board. FOB Origin buyer pays. FOB Destination seller pays. As I recall the course, the person paying the freight was responsible for damages and shortages. In effect, if the buyer paid the freight he assumed all responsibility when he did so. The shipping company, be it USPO, FEDEX, USPS or whoever became HIS agent. And problems HIS responsibility.

Follow the money!

Whenever I have an expensive item arrive I invite the delivery guy in while I open the package. I also have my camera at the ready.

The OP needs to take pictures, gather all paperwork to include hard copies of anything online. Then call the shipper, call Midway and then call the manufacturer. After everyone has denied responsibility, secure a lawyer.

 

[Boston Bill]

Go and search their customer help center for "returning a muzzleloader". The link below pops up and THAT IS IT. Nothing specific to muzzleloaders.

I know you mean well, and I agree, but unfortunately this is their policy. Now it's a muzzleloader here, so not technically under the federal law, so I would like to hear what their customer service says about it. Betting heavy odds you will hear they consider it a "gun" and don't return it.

https://www.midwayusa.com/help/returning-a-gun/14496
"Returning a Gun
Due to Federal regulations, guns are not returnable. Please inspect your gun thoroughly before transfer. If the gun received at the FFL Dealer is incorrect or damaged in shipment, do not take possession of the gun, and please Contact Us. After transfer, any warranty or repair work must be coordinated directly with the gun manufacturer."

I guess you can argue that it's not delivered to an FFL dealer.

 

[The Appalachian]

I guess you can argue that it's not delivered to an FFL dealer.

Well, let us know how that argument goes then.

 

[nhmoose]

Report to CC company stating the transaction not completed due to the shipping damage and vendors refusal to deal with the problem. Only the shipper can put in the claim on shipping damage.

Do not accept no from Midway or any other vendor nor the CC company. The CC is obligated to charge back the amount you used to buy it by their own warranty they give for your protection.

 

[Boston Bill]

Something floating to the surface here from Business Law 101 circa 1965.
FOB. Free on Board. FOB Origin buyer pays. FOB Destination seller pays. As I recall the course, the person paying the freight was responsible for damages and shortages. In effect, if the buyer paid the freight he assumed all responsibility when he did so. The shipping company, be it USPO, FEDEX, USPS or whoever became HIS agent. And problems HIS responsibility.

Well the customer pays the shipper. The shipper pays the shipping company. Hence the fiduciary responsibility would be Midway to make it right.
It's like when buying a house. The inspector or the lawyer that is paid by the purchaser but gives the money to the bank and the bank pays the provider. They are responsible to the bank and not the buyer.
So regardless of their policy shipping damage is not a defect. Midway should should pay. But we all know they will fight it.

 

[Boston Bill]

Follow the money!

Whenever I have an expensive item arrive I invite the delivery guy in while I open the package. I also have my camera at the ready.

The OP needs to take pictures, gather all paperwork to include hard copies of anything online. Then call the shipper, call Midway and then call the manufacturer. After everyone has denied responsibility, secure a lawyer.

Just call the credit card outfit. That's where I would start.

 

[springfield art]

Agreed, it’s bad enough that you’ve got a $1000+ Traditions gun, but it’s damaged on top of that. Return it and I’ll sell you the TC Hawken I have up for sale for less than half the price.

Way too high price for such an item. Could get Kibler for not much more.

 

[The Appalachian]

So regardless of their policy shipping damage is not a defect. Midway should should pay. But we all know they will fight it.

Hypothetically speaking.

In reality, they will enact their policy and wait for you to pony up an attorney to take them to court and fight them yourself. And everybody knows a few hours of lawyer pay will exceed the cost of the entire transaction, and suddenly it becomes not worth it.

They win.

 

[smokeum54]

Midway has lost my business. Two weeks ago they told me online ,through email and over the phone that they are restricted to ship cap and ball/muzzleloaders to Omaha Ne. I have literally had 8 cap and ball/muzzleloaders sent to me this month, from Track, Dixie, Taylor's and Ebay

 

[buckleymarka56]

Return it and get a Kibler Kit for about the same price. The woods runner can be snapped together on your kitchen table.

With a nice stock, you would have a great shooter and wall hanger.

 

[hanshi]

Shame on you.

Send it back!

 

[Spikebuck]

Something floating to the surface here from Business Law 101 circa 1965.
FOB. Free on Board. FOB Origin buyer pays. FOB Destination seller pays. As I recall the course, the person paying the freight was responsible for damages and shortages.

Unless this was an ocean/sea/inland waterway shipment, Free On Board is not applicable. INCO terms 2020 (the latest international version):

FOB – Free On Board​

• The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered.
• The risk of loss of or damage to the goods passes when the products are on board the vessel. The buyer bears all costs from that moment onwards.

https://incodocs.com/blog/incoterms-2020-explained-the-complete-guide/
INCO terms can get pretty complex and are subordinate to other specific contract terms of the purchase regarding transfer of ownership.

I dealt with this all the time as a global operations manager in a large international company's supply chain organization and actually taught internal courses on it to hundreds of my international colleagues.

 

[Col. Batguano]

It's not Midways fault, that some gorillas induced the freight damage, they should take the return.
The gun isn't defective to warrant shipment to the manufacture.

I LOVED that commercial when it was on back then. They had a whole bunch of them. Sadly, the humor we used to often see in TV commercials of the past is much less common these days. Maybe it's because it's hard to laugh at the same joke over and over, and commercials are expensive to make.

 

[Nav]

My mom has two, huge American Tourister suit cases (circa early 1970s) in her basement, one blue and one yellow, that are still going strong. Seeing them brings back memories of family vacations.

 

[yellowhammer]

My mom has two, huge American Tourister suit cases (circa early 1970s) in her basement, one blue and one yellow, that are still going strong. Seeing them brings back memories of family vacations.

Off topic, but I still have one of those black plastic American Tourister business briefcases I bought as a young engineer starting out close to 40 years ago. That thing was rode hard and put up wet about as bad as that monkey; took a lickin' and is still tickin'. They don't make 'em like they used to.

 

[walnuthill]

Call Larry personally won't take call , His personal secratary will be told to get rid of you & pay off. CEO's don't want the public close to their families Does it work YES

 

[bpd303]

If you notice the date on this thread is Sept 29,2023 and the OP hasn't logged in since Dec 6, 2023, so I doubt he will see it. However others may have similar problems and learn something from having it up for review.
We still don't know the final outcome of the problem.

 

[James Kibler]

As a comparison, we assume 100% responsibility for damages or losses from shipping. We replace things immediately and make it right for the customer.

 

[garypl]

As a comparison, we assume 100% responsibility for damages or losses from shipping. We replace things immediately and make it right for the customer.

This is the right way to do business!