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I'm waiting.... (tapping fingers).
Splotches is gettin old!
Nuffsaid111 private msg quote post Address this user
What's most interesting to me is way way back I can remember I was standing on line for Herb Trimpe autographs somewhere (maybe Baltimore), and Desert Wind was the 1st company/individual I ever saw use blue painters tape/window bags. This must have been 15 - 17 years ago.
I stood on Herb's line in amazement and couldn't figure out why there was blue tape on comic bags and what this tall blonde gal was doing with all this tape. I mean there was blue tape all over the place and I am like "wth is all this for"?

Flash foward years later, and it's obviously become quite commonplace to see blue.
Post 26 IP   flag post
I've spent years perfecting my brand of assholery. DrWatson private msg quote post Address this user
Quote:
Originally Posted by KMiracleman
Just wanted to give my two cents: recently had an issue with a signed book thru Desert Wind/Celestial Comics. I posted my issue on the CGC boards looking for suggestions/help and Chandler from Desert Wind was the first person to post a reply, offering help immediately and no anger/excuses at all. I got my issue resolved relatively quickly and they didn't charge me for shipping the book back to me. I do feel very badly for you on this extremely valuable ASM issue; just wanted to put in that it's not quite so black & white...the people who have a positive/neutral experience just never post about it on these boards. So, I thought I'd just put that out here. Again, very sorry to hear about your ASM getting lost.

Consider yourself the exception and not the rule.
Post 27 IP   flag post
Forum Crier OGJackster private msg quote post Address this user
@AMAZINGSPIDERFAN

Quote:
Originally Posted by OGJackster
Quote:
Originally Posted by OGJackster
Just for fun, I sent them a question on fb about what happens if a book gets lost. If I get a reply I'll post it here.


My question: :I'm kind of paranoid of sending in a valuable book and it getting lost. Any guarantee of reimbursement value if that happens? Thanks"

The reply: "Jack read the info on our website at desertwindcomics.com."

So, they didn't give me a direct answer. The following is from their submission for...

By using DWC-CC’s services, you agree that you will not hold DWC-CC, its owners or duly appointed representatives responsible for any damage or loss that occurs while your comics are within our possession. Loss by fire, theft and other acts out of our control are covered by insurance. Any damage or loss that occurs due to our negligence will be remedied by a refund or reduction of service fees.








Got my answer today, hope this helps:
Do you have to ship with delivery confirmation and insured. We check in books underneath the camera system. Once we check your book in we are insured for the loss of your book. What is not covered by our insurance is any damage done in the signing process. No facilitator nor CGC will guarantee the grade of a book. Please email sharon@celestial-comics.com with any further questions.
Post 28 IP   flag post
How do I know this? Because I've done it myself. lawguy1977 private msg quote post Address this user
@AMAZINGSPIDERFAN Just sent you a private message.

For the rest of the folks reading this thread, just so you know, most likely the "Any damage or loss that occurs due to our negligence will be remedied by a refund or a reduction of service fees" is, at best, going to get you a refund or credit for what you paid to have the book signed and graded -- in other words, their fees, not the actual value of the book.

I'm an attorney in Vegas, and I've been tempted to use these guys but have not thanks to Torpedo Comics being local here and having signings monthly (until the stupid pandemic happened). Anyway, the best way to go is to try and get the store's insurance to cover the loss because trying to squeeze money out of the store is way harder and likely would require a lawsuit. And even if you're successful in a lawsuit, you still have to try and enforce the judgment against the business. It's a real pain in the @$$.

FYI, no guarantee on the insurance company covering the loss either becuase it will greatly depend on what type of business insurance was purchased, but there's a chance they'll provide coverage. And yes, in case you are wondering, insurance companies always will say "no" and deny if they can find a way to do so. I deal with that Monday through Friday.

Also, that waiver language in the submission form can be tricky but the fact that they outright just re-wrote the invoice with the wrong address could be something to get past the negligence clause they stuck in there.

Finally, if all of this fails, that's when you blow up social media, the press, whatever you can because this type of thing is devastating. I can only imagine how I'd feel if this happened to me.
Post 29 IP   flag post
Masculinity takes a holiday. EbayMafia private msg quote post Address this user
Quote:
Originally Posted by lawguy1977
Also, that waiver language in the submission form can be tricky but the fact that they outright just re-wrote the invoice with the wrong address could be something to get past the negligence clause they stuck in there.


Just a thought based on my limited knowledge of the law: For dealing with the insurance company wouldn't it be best to operate under the assumption that they unintentionally put the wrong address on the rewritten form? That way either A) the insurance company has to analyze it as a pure accident rather than fraud or negligence (which they may not cover), or B) the company has to admit that they intentionally put the wrong address on the form.
Post 30 IP   flag post


How do I know this? Because I've done it myself. lawguy1977 private msg quote post Address this user
@EbaySeller You're right EbaySeller -- you don't want to talk about intentional conduct with an insurance company as that is always excluded. However, if DWC has admitted that they "re-wrote the invoice with the wrong address" -- that is an admission of their negligence, which is definitely a good thing in trying to get the insurance comnpany to cover it.

When I say "get past the negligence clause," I'm not talking about intentional conduct that would cause an exclusion, I'm talking about the type of conduct that gets past the type of negligence that is expected when signing a contract. It's a tough argument because DWC is going to contend that all types of negligence is covered in that clause while the buyer has to say there was no way someone at DWC could be that stupid, I mean, negligent.

In contracts, it's about expectations between the parties. Another thing that could help Amazingspiderfan here is that there is no way in hell he'd agree to a $12,000 to $15,000 loss limited to only the service fees he paid DWC if they screwed up and lost his book.
Post 31 IP   flag post
Collector comic_book_man private msg quote post Address this user
@AMAZINGSPIDERFAN
All my experiences with them have been great too @KMiracleman, and I've sent them way more valuable books than 15k.

Do you have their cellphones?
I can't understand how this is possible. You have an invoice, the address was wrong, so you're 100% covered...although it is the responsibility of the comic owner to ensure the address on file is correct. Did you use them before and not notify them in writing of an address change?

Message me if you want their cellphone numbers. Since you're brand new to the forum, it's best we validate a non-defamation situation.

They are generally dry as people, with a Texan flare so they can be intimidating. They deal in really high volumes, and I can definitely confirm that I've had full conversations with them where we were both talking about different orders until they realized at the end of the 20 minute convo. They've also confused me as one of their volunteers more than once, just based on me having a similar name. Mistakes are still on the table, they may just need to understand it better.

If this case is true, ranting on a forum isn't the place- call them again and record it. Gather all of your supporting emails and paperwork, and photos of you owning the book or sending it to them. Its in their court from there, otherwise go to actual court if you are getting resistance.

Good luck, sorry to hear.
Post 32 IP   flag post
Collector comic_book_man private msg quote post Address this user
Quote:
Originally Posted by DrWatson
Quote:
Originally Posted by KMiracleman
Just wanted to give my two cents: recently had an issue with a signed book thru Desert Wind/Celestial Comics. I posted my issue on the CGC boards looking for suggestions/help and Chandler from Desert Wind was the first person to post a reply, offering help immediately and no anger/excuses at all. I got my issue resolved relatively quickly and they didn't charge me for shipping the book back to me. I do feel very badly for you on this extremely valuable ASM issue; just wanted to put in that it's not quite so black & white...the people who have a positive/neutral experience just never post about it on these boards. So, I thought I'd just put that out here. Again, very sorry to hear about your ASM getting lost.

Consider yourself the exception and not the rule.


I too have had nothing but good experiences, so its not an exception even if you don't like them. I've sent them high volumes of books worth 6 figures without issues since 2012.
Post 33 IP   flag post
Collector comic_book_man private msg quote post Address this user
Quote:
Originally Posted by lawguy1977
@AMAZINGSPIDERFAN Just sent you a private message.

For the rest of the folks reading this thread, just so you know, most likely the "Any damage or loss that occurs due to our negligence will be remedied by a refund or a reduction of service fees" is, at best, going to get you a refund or credit for what you paid to have the book signed and graded -- in other words, their fees, not the actual value of the book.

I'm an attorney in Vegas, and I've been tempted to use these guys but have not thanks to Torpedo Comics being local here and having signings monthly (until the stupid pandemic happened). Anyway, the best way to go is to try and get the store's insurance to cover the loss because trying to squeeze money out of the store is way harder and likely would require a lawsuit. And even if you're successful in a lawsuit, you still have to try and enforce the judgment against the business. It's a real pain in the @$$.

FYI, no guarantee on the insurance company covering the loss either becuase it will greatly depend on what type of business insurance was purchased, but there's a chance they'll provide coverage. And yes, in case you are wondering, insurance companies always will say "no" and deny if they can find a way to do so. I deal with that Monday through Friday.

Also, that waiver language in the submission form can be tricky but the fact that they outright just re-wrote the invoice with the wrong address could be something to get past the negligence clause they stuck in there.

Finally, if all of this fails, that's when you blow up social media, the press, whatever you can because this type of thing is devastating. I can only imagine how I'd feel if this happened to me.


Agreed.
Post 34 IP   flag post
Collector comic_book_man private msg quote post Address this user
Quote:
Originally Posted by lawguy1977
@EbaySeller You're right EbaySeller -- you don't want to talk about intentional conduct with an insurance company as that is always excluded. However, if DWC has admitted that they "re-wrote the invoice with the wrong address" -- that is an admission of their negligence, which is definitely a good thing in trying to get the insurance comnpany to cover it.

When I say "get past the negligence clause," I'm not talking about intentional conduct that would cause an exclusion, I'm talking about the type of conduct that gets past the type of negligence that is expected when signing a contract. It's a tough argument because DWC is going to contend that all types of negligence is covered in that clause while the buyer has to say there was no way someone at DWC could be that stupid, I mean, negligent.

In contracts, it's about expectations between the parties. Another thing that could help Amazingspiderfan here is that there is no way in hell he'd agree to a $12,000 to $15,000 loss limited to only the service fees he paid DWC if they screwed up and lost his book.


Bingo, nailed it.
Post 35 IP   flag post
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