Damaged new rifle

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Damaged new rifle

Post by Lsfan » 17 Dec 2022, 6:56 pm

Hi guys, I recently bought a new marlin xt22wmr and had it shipped from QLD to my dealer in NSW which happens to be 1.5 hours drive from. Yes it's a budget rifle but a calibre I don't have.

It took approximately 1 month to be delivered by Aust post which was frustrating to watch tracking show it going from QLD to WA and then to NSW.

Anyway, after getting the transfer paperwork sorted with the dealer, I drove 1.5 hours home and then opened up the box. Everything looked OK at first until I tried to look at the sights finding that the rear one is missing. This is my first rifle with iron sights but it has a dovetail recess with nothing in it. If installing a rear sight is easy then that's one thing but the barrel has burrs on the edges of the recess which makes it look like the sight has come out with force.

Another thing is that the box is from a citadel rifle, there's no manual, warranty card or anything in there either.

I immediately notified the dealer and then they said to send an email with photos and I may need to send it back to but at my cost. So after a month of waiting, paying $50 freight and having it arrived damaged, I could pay another $50, plus I assume transfer fees either side and wait maybe 2 months this time not to mention 2 x 3 hour return trips.

See attached photo. What would you do if you were me considering it's a $400 rifle?
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Re: Damaged new rifle

Post by Wm.Traynor » 17 Dec 2022, 7:10 pm

If you have a receipt, do the following...........
Go over the dealer's head and speak to the Australian Distributor. Ask them for the details of the closest Approved Marlin Gunsmith, for them to do Warranty work on your rifle.
Good Luck :thumbsup:
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Re: Damaged new rifle

Post by Lazarus » 17 Dec 2022, 7:13 pm

I don't want to rub salt into that wound LSf, but I don't suppose you opted for this by any chance did you?

https://auspost.com.au/business/shippin ... s-domestic
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Re: Damaged new rifle

Post by Lsfan » 17 Dec 2022, 7:18 pm

Wm.Traynor wrote:If you have a receipt, do the following...........
Go over the dealer's head and speak to the Australian Distributor. Ask them for the details of the closest Approved Marlin Gunsmith, for them to do Warranty work on your rifle.
Good Luck :thumbsup:

I have been in touch with the dealer and they have suggested 2 options. 1 is to send it back at my cost and the other is for them to send me a rear sight.

I'd be happy to fit the rear sight if it only required some gentle persuasion but not sure if it will be a tight fit given the burrs or maybe it will be even tighter.

The thing is, I sent another email suggesting we get in touch with Raytrade. If what people say is true, this dealer may be a direct importer which is possibly why they haven't responded to my second email or simply because it was late today (saturday).
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Re: Damaged new rifle

Post by Lsfan » 17 Dec 2022, 7:23 pm

Lazarus wrote:I don't want to rub salt into that wound LSf, but I don't suppose you opted for this by any chance did you?

https://auspost.com.au/business/shippin ... s-domestic

A valid point Lazarus. I actually suggested to the dealer that we utilise insurance which I assume would be included for such a sensitive item. They didn't comment about that. It at least required signing upon delivery.
The funny thing is that I lodged a case with aus post because the parcel sat for weeks with no movement after arriving in the wrong state. By lodging that case I was required to comment in the value of the item. Several days past so I phoned them and the person saw where it had been shipped from and asked if it was a firearm. Anyway a day later and tracking showed it come down in estimated deli ery from 10 days to 3.
The fact the dealer charges $50 for freight would surely mean there is some insurance?
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Re: Damaged new rifle

Post by bladeracer » 17 Dec 2022, 7:37 pm

Lsfan wrote:Hi guys, I recently bought a new marlin xt22wmr and had it shipped from QLD to my dealer in NSW which happens to be 1.5 hours drive from. Yes it's a budget rifle but a calibre I don't have.

It took approximately 1 month to be delivered by Aust post which was frustrating to watch tracking show it going from QLD to WA and then to NSW.

Anyway, after getting the transfer paperwork sorted with the dealer, I drove 1.5 hours home and then opened up the box. Everything looked OK at first until I tried to look at the sights finding that the rear one is missing. This is my first rifle with iron sights but it has a dovetail recess with nothing in it. If installing a rear sight is easy then that's one thing but the barrel has burrs on the edges of the recess which makes it look like the sight has come out with force.

Another thing is that the box is from a citadel rifle, there's no manual, warranty card or anything in there either.

I immediately notified the dealer and then they said to send an email with photos and I may need to send it back to but at my cost. So after a month of waiting, paying $50 freight and having it arrived damaged, I could pay another $50, plus I assume transfer fees either side and wait maybe 2 months this time not to mention 2 x 3 hour return trips.

See attached photo. What would you do if you were me considering it's a $400 rifle?


If you ordered it from your dealer then he sorts it for you.
If you ordered directly from Qld then you'll have to take it up with the dealer you bought it from.
I like the idea of talking to the distributor (Raytrade?) first as it'd be stupid to send it back to Qld if their repairer turns out to be near you anyway.

Not having the rearsight could be because somebody bought it, fitted a scope that required removing the sight, then returned it for some reason. Any marks from scope mounts? Any powder residue down the bore to indicate firing and not being cleaned?

I like to get the original boxes but some of my new rifles didn't come in original boxes either. Again though, lack of the box might indicate a purchase that was returned. If somebody bought it and registered the warranty I would think the distributor, or perhaps Marlin should have it recorded.

As for what to do, if you plan to remove the rearsight anyway it may be irrelevant, but I would at least like to have it in case I did decide to switch back.
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Re: Damaged new rifle

Post by Lsfan » 17 Dec 2022, 7:54 pm

Yes BR agree with taking it local but I think the dealer imports directly from marlin and I couldn't go to a marlin dealer. I may be wrong.

The fact the rear sight was not in the box suggests either way that it didn't get removed due to damage while In transit.

Looking at the rifle it doesn't show any indication it has been used but I'm no expert.

As you can probably see there is light damage around where the sight should be. But not from being tapped out.

If the sight can be fitted securely, would you address the burrs with a small file and then touch up the bluing? Obviously if I did this it would void warranty but I can't see myself sending it back. I'd prefer they just send me a new one and also send a post paid return parcel to a more local dealer.
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Re: Damaged new rifle

Post by Diamond Jim » 17 Dec 2022, 8:30 pm

If this was purchased as a new rifle then it must go back to the dealer. That dovetail is a mess and, as suggested by bladeracer, it looks like someone who had no clue removed the rear sight to fit a scope and butchered it in the process.
In any case it isn't in "new" condition and isn't what you paid for. If you get no joy then I'd be talking to Consumer Affairs and asking them to take it up on your behalf.
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Re: Damaged new rifle

Post by Lsfan » 17 Dec 2022, 8:42 pm

Diamond Jim wrote:If this was purchased as a new rifle then it must go back to the dealer. That dovetail is a mess and, as suggested by bladeracer, it looks like someone who had no clue removed the rear sight to fit a scope and butchered it in the process.
In any case it isn't in "new" condition and isn't what you paid for. If you get no joy then I'd be talking to Consumer Affairs and asking them to take it up on your behalf.

Thanks Jim. That's the stance I'm taking with the dealer at present but ultimately I suspect it will take time and money to get anywhere with it. If they covered the cost of freight back then I would gladly send it.
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Re: Damaged new rifle

Post by Shootermick » 17 Dec 2022, 8:48 pm

Does the gun shop start with a C?
They grey import a lot of their own stuff. That said, I’ve dealt with them from in Vic and they’ve been good, both firearms and accessories. They sent me the wrong scope once, they paid for the return post and got the correct one to me pretty quickly.
That’s a pretty bad thing that’s happened to you though. They should fix it asap and at no cost to you.
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Re: Damaged new rifle

Post by Lsfan » 17 Dec 2022, 9:03 pm

Shootermick wrote:Does the gun shop start with a C?
They grey import a lot of their own stuff. That said, I’ve dealt with them from in Vic and they’ve been good, both firearms and accessories. They sent me the wrong scope once, they paid for the return post and got the correct one to me pretty quickly.
That’s a pretty bad thing that’s happened to you though. They should fix it asap and at no cost to you.

Hi shooter Mick. It may start with a C... but I won't use names yet. I'll see how things work out first.

I just sent them another email because I've decided I won't accept that return freight cost is on me. I can understand if it was a warranty claim, but the more I think about it and as others have suggested, it seems like it's a customer return. No original box, no tags, no manual, no marketing info or warranty docs and a missing rear sight.
I spoke with a guy on the phone and alleged they Intentionally sent it that way knowing it would be hard for me to resolve the issue being in another state. When I asked why no original box, he said "we have so many boxes out back" I don't even know what that means. The whole thing stinks not to mention waiting a month for it to be delivered.
If I was fortunate enough to get it exchanged at no cost, what would happen with the registration/ serial number etc? Would I need another PTA?
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Re: Damaged new rifle

Post by bladeracer » 17 Dec 2022, 11:41 pm

Lsfan wrote:Yes BR agree with taking it local but I think the dealer imports directly from marlin and I couldn't go to a marlin dealer. I may be wrong.

The fact the rear sight was not in the box suggests either way that it didn't get removed due to damage while In transit.

Looking at the rifle it doesn't show any indication it has been used but I'm no expert.

As you can probably see there is light damage around where the sight should be. But not from being tapped out.

If the sight can be fitted securely, would you address the burrs with a small file and then touch up the bluing? Obviously if I did this it would void warranty but I can't see myself sending it back. I'd prefer they just send me a new one and also send a post paid return parcel to a more local dealer.


Yes, importing directly does tend to upset the local distributers.

If you can get a new sight I would expect it to slide into the dovetail from the left side, looking down on top with the muzzle pointing directly away from you. A secondhand one would likely slide straight in, a new one may be over-size and need dressing to fit the dovetail.

Both items are only US$20 to buy so even Cleaver shouldn't be too upset with having to send you new ones, if they can get them. Check whether your dealer can order them as well, might be less than the postage to send the rifle back.
https://www.gunpartscorp.com/gun-manufacturer/marlinglenfield/rifles-marlin/xt-22
It appears to be a fairly common spring-steel sight with an elevator wedge under it so you may be able to use something from different rifles. Even a basic Ruger rear sight may well fit the dovetail.

There are also aftermarket options, like this from Marbles.
https://www.brownells.com/rifle-parts/sights/rear-sights/rifle-63-flat-top-short-shank-rear-sight-prod8812.aspx?psize=96

And on Ebay, fully adjustable, with a locking screw so the dovetail doesn't have to be tight.
https://www.ebay.com.au/itm/324885474979

Rebels also have several of the style.
https://www.rebelgunworks.com.au/collections/spare-parts/type_rear-sights

I believe the receiver should be both grooved and drilled and tapped? You could go to a rear mounted aperture sight instead of the open sight if you preferred. Some even make rails with aperture sights already in them, like Skinner and Williams - whether there is one that fits your screw pattern I don't know but they're not hard to re-drill.
http://skinnersights.com/scope_mounts_31.html
https://shop.williamsgunsight.com/ecommerce/p/ace-in-the-hole--marlin-336-with-front-firesight-070975

It looks like this should be your screw pattern.
https://www.dnzproducts.com/product/game-reaper-marlin/
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Re: Damaged new rifle

Post by Lazarus » 18 Dec 2022, 1:32 am

Some reading that may be of use in your decision LSF:

""When you have a major problem with a product, you have the right to ask for a replacement or refund. For a major problem with services, you can cancel the contract and get a refund or compensation for the drop in value of the services provided compared to the price paid.14 Oct 2022""

https://www.fairtrading.nsw.gov.au/buyi ... ice%20paid.

Section 54 of Australian Consumer Law states:

""Consumers have the following guarantees in respect of goods: goods are of acceptable quality—that is, they are safe, durable and free from defects, are acceptable in appearance and finish and do what they are ordinarily expected to do (ACL section 54)""
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Re: Damaged new rifle

Post by Oldbloke » 18 Dec 2022, 5:20 am

Lazarus wrote:Some reading that may be of use in your decision LSF:

""When you have a major problem with a product, you have the right to ask for a replacement or refund. For a major problem with services, you can cancel the contract and get a refund or compensation for the drop in value of the services provided compared to the price paid.14 Oct 2022""

https://www.fairtrading.nsw.gov.au/buyi ... ice%20paid.

Section 54 of Australian Consumer Law states:

""Consumers have the following guarantees in respect of goods: goods are of acceptable quality—that is, they are safe, durable and free from defects, are acceptable in appearance and finish and do what they are ordinarily expected to do (ACL section 54)""


I agree. Why it's like it is has no bearing on the issue.
Insist they replace it with a new one.
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Re: Damaged new rifle

Post by Lsfan » 18 Dec 2022, 5:48 am

Thanks for the replies all.
BR yes I believe it is the ramped type shown in the exploded diagram that is required. I'm half inclined to tell them to just send me that part to avoid all the hassles and hope it goes in OK. If it comes to that, what would I do about the burrs? Admittedly it's zoomed in on my phone and not that visible to the naked eye but they can be felt.
Lazarus & OB, yes I could insist they replace the rifle but waiting so long already and paying return freight would annoy me, but the fact it's in a foreign box with no documentation also annoys me.
I just don't know what happens with the registry following my collection from the dealer in NSW where it was transferred to me. Would I have to take it back to them? I assume it's now in my name so there is no way I could send it straight to QLD without going via the NSW dealer.
If they agree to exchange, what about the PTA? how does FAR deal with the new serial number?
Would the dealer need to transfer it back into their name and then me a new one only for me to have to pay another transfer?
Lots of questions but I'm sure it's not the first time this has happened.
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Re: Damaged new rifle

Post by bigrich » 18 Dec 2022, 6:00 am

Lsfan wrote:Hi guys, I recently bought a new marlin xt22wmr and had it shipped from QLD to my dealer in NSW which happens to be 1.5 hours drive from. Yes it's a budget rifle but a calibre I don't have.

It took approximately 1 month to be delivered by Aust post which was frustrating to watch tracking show it going from QLD to WA and then to NSW.

Anyway, after getting the transfer paperwork sorted with the dealer, I drove 1.5 hours home and then opened up the box. Everything looked OK at first until I tried to look at the sights finding that the rear one is missing. This is my first rifle with iron sights but it has a dovetail recess with nothing in it. If installing a rear sight is easy then that's one thing but the barrel has burrs on the edges of the recess which makes it look like the sight has come out with force.

Another thing is that the box is from a citadel rifle, there's no manual, warranty card or anything in there either.

I immediately notified the dealer and then they said to send an email with photos and I may need to send it back to but at my cost. So after a month of waiting, paying $50 freight and having it arrived damaged, I could pay another $50, plus I assume transfer fees either side and wait maybe 2 months this time not to mention 2 x 3 hour return trips.

See attached photo. What would you do if you were me considering it's a $400 rifle?


$400 rifle or $2000 rifle , that rear dovetail is butchered ! what sort of h@lfwit ships a "new" rifle in that condition :wtf:
have you sent pics to them ? has your local GS witnessed all this properly ? i'd be getting your local shop to stick up for you and ring the mob you bought it from .
pretty disgusting treatment of a customer :thumbsdown:
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Re: Damaged new rifle

Post by Lsfan » 18 Dec 2022, 6:21 am

Hi Bigrich. Yes I sent them photos. They are calling it a warranty issue and have offered to send a sight or for me to return it. For reasons explained above, sending it back could be a frustrating exercise.
Seems stupid to call it a warranty issue. More like sending me a second hand rifle instead of a new one.
Waiting for them to accuse me or my NSW dealer of causing the damage.
It would be interesting to know if there is a history of the rifle being transferred to someone else before me. That would then confirm it is a returned item. Otherwise maybe they had it on display in store with a scope mounted and then removed it for sale without reinstating the sight.
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Re: Damaged new rifle

Post by Oldbloke » 18 Dec 2022, 6:32 am

It's all BS.

They sent it damaged, they must pay all costs including postage. That's the law.

PH consumer affairs or who ever it is in your state. They have form letters for you to mail.

Insist.

If it was Aldi or kmart you would have a new replacement in 5 minutes. No different.

P.S. this is why I don't buy expensive goods over the internet anymore. I've be caught out too. Had to fight tooth and nail to get a new replacement.
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Re: Damaged new rifle

Post by Lsfan » 18 Dec 2022, 6:44 am

Oldbloke wrote:It's all BS.

They sent it damaged, they must pay all costs including postage. That's the law.

PH consumer affairs or who ever it is in your state. They have form letters for you to mail.

Insist.

If it was Aldi or kmart you would have a new replacement in 5 minutes. No different.

Yes but you would go back to the Aldi store right? I'm in another state. I wouldn't buy second hand Interstate but assumed buying new would alleviate the risk of getting something unexpected. How wrong was I. A good lesson learned by me. I'm better off paying more to go in a store and avoid the waiting time etc. Oh well, you live and learn....
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Re: Damaged new rifle

Post by Oldbloke » 18 Dec 2022, 8:34 am

Lsfan wrote:
Oldbloke wrote:It's all BS.

They sent it damaged, they must pay all costs including postage. That's the law.

PH consumer affairs or who ever it is in your state. They have form letters for you to mail.

Insist.

If it was Aldi or kmart you would have a new replacement in 5 minutes. No different.

Yes but you would go back to the Aldi store right? I'm in another state. I wouldn't buy second hand Interstate but assumed buying new would alleviate the risk of getting something unexpected. How wrong was I. A good lesson learned by me. I'm better off paying more to go in a store and avoid the waiting time etc. Oh well, you live and learn....


Yep fully understand it makes it very difficult. But the principle is identical.

Few years ago we got a damaged mobile. In the end they paid all postage and a new one provided.

Since then nothing off the net over about $50. Bar one or two exceptions and they were private sales and i knew one bloke, the other was recommended. So far so good, touch wood.

Good luck. It's a bastard. They are trying to steal your hard earned.
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Re: Damaged new rifle

Post by SCJ429 » 18 Dec 2022, 9:08 am

I would stick a scope on it and go hunting. Iron sights are for Lee Enfield.
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Re: Damaged new rifle

Post by Lsfan » 18 Dec 2022, 9:10 am

Yep agreed OB.
After speaking with someone else, there's another possibility as to how this has come about. Is it ruger that has taken over marlin? This particular store may be selling ex raytrade stock after ruger has taken over. Could it be they were seconds or customer warranty returns that this particular store is selling off? Hence why no box or other documentation. If they made it clear in their ad fair enough but they can't advertise new and then try and justify their special price after the fact.
Anyway I appreciate all the comments. I'll let you know how I go.
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Re: Damaged new rifle

Post by Lazarus » 18 Dec 2022, 9:39 am

I think your main sdvantage LSF is that you contracted to buy a "new" rifle.

That's what you were offered, that's what you paid for, and that is patently not what you were sent.

It should have arrived in its original box with original documentation and in original, fresh from the factory condition.

Anything else is not your responsibility, but that of the vendor.

I know what it's like to wait forever for something and then be disappointed, but seriously mate, no names have been mentioned but I'd wager one of my plums we all know exactly who it is, and they count on people just giving up and letting them get away with it.

It's up to you obviously, but I would fight the bastards if it was a $5 order let alone the new rifle you were looking forward to.
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Re: Damaged new rifle

Post by Lsfan » 18 Dec 2022, 10:02 am

Well put Lazarus and yes no names have been mentioned other than they begin with C. Fortunately for you, you get to keep your plum.
It's not the first negative experience I've had with them. Previously I ordered a Howa and it took 2 weeks for them to despatch it. Had to keep phoning them.
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Re: Damaged new rifle

Post by Lsfan » 18 Dec 2022, 10:07 am

SCJ429 wrote:I would stick a scope on it and go hunting. Iron sights are for Lee Enfield.

I already bought mounts before the gun arrived so it has been my intention to mount a scope. The point is though that the gun is damaged and incomplete and not what I paid for, so in principle they need to resolve the issue. Also if I ever sell it, I'd be asked where the rear sight is and why the dovetail is so f...ed, then having to lower the price accordingly. If they advertised according to its actual condition I wouldn't have bought it.
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Re: Damaged new rifle

Post by Lazarus » 18 Dec 2022, 10:19 am

Funny coincidence, the first letter of their name is also the first letter of the new name customers usually end up calling them.
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Re: Damaged new rifle

Post by Lsfan » 18 Dec 2022, 11:15 am

Lazarus wrote:Funny coincidence, the first letter of their name is also the first letter of the new name customers usually end up calling them.

That did cross my mind earlier :D
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Re: Damaged new rifle

Post by Billo » 18 Dec 2022, 11:21 am

I have read every post but do you have a copy of the invoice ?

Are you sure the marlin wasn't described as new ?

Id be more than annoyed at your treatment but I don't get why you didn't inspect the gun, especially with it not being in the right box, that's an alarm bell right there.
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Re: Damaged new rifle

Post by Lsfan » 18 Dec 2022, 11:57 am

Billo wrote:I have read every post but do you have a copy of the invoice ?

Are you sure the marlin wasn't described as new ?

Id be more than annoyed at your treatment but I don't get why you didn't inspect the gun, especially with it not being in the right box, that's an alarm bell right there.

Hi Billo. Yes of course I have the invoice. I initially put it on lay by and then made one more final payment from memory.
I think I know what you're asking, but it's in a section for new rifles on the website. I could direct you to it if you like.
There is no doubt at all its described as a new rifle and not described in as-new condition. There's no dispute about this.
As to why I didn't inspect, it was sold by a dealer in QLD and transferred at a NSW dealer. When I arrived the first thing I saw was the wrong box and was relieved to see the rifle I ordered was inside. I pulled the plastic back to reveal the end of the barrel but chose not to pull the whole thing out and to be honest didn't even think to check for any damage. After all, it's a new rifle right? Either way, there's nothing that my NSW dealer can do about it and has nothing to do with them. I was also in a hurry to get home as it's 1.5 hours away.
I got home, pulled it out completely, then looked down the barrel at the front sight and thought hang on, where is the rear one?? Searched through the box and found nothing else in there apart from a bolt in bubble wrap and not one piece of paper. Immediately rang the qld dealer and told them the situation. The rest is explained above.
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Re: Damaged new rifle

Post by bigrich » 18 Dec 2022, 12:14 pm

dealer in QLD and their name starts with C. ;) yeah, i won't deal with them . the instore service sux and i've had issues with them myself . but their the cheapest around so they've always got customers :roll: :thumbsdown:
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