the thread caught my attention and recently I was caught into this sort of case and here is my POV:

I am assuming that at the point of sale, there is no statement clarifying when the title of the item is transferred.

1) If you received the item and found something wrong with it, you are suppose to report this to the seller and NOT power it up.

2) If there is insurance on the item, you are suppose to claim the insurance and take this as a damage during transit.

3) Since the item does not meet the description of the sale ad, you do not have to take it, and the seller is responsible for any possible damages whether it is within or beyond his control. Reason being, there is no way to determining whether the mobo was damaged at the first place or it was damaged during transit. This is why you are suppose to report it to the seller and claim an insurance if you have the option.

4) supposingly this is the seller's fault.

5) If you contacted the seller and the seller had asked you to bend the pins back before powering it up, and if you did but later find that there is still something wrong then the seller is still held liable for it since he gave you the authority to do so.

6) If you contacted the seller and the seller didn't ask you to do anything to it, but you powered the item up knowing that there is a problem at the first place, any damage done would be your responsibility (buyer) since you had the option not to power it up at the first place.

AFAIK, you powered the item up given that you knew there is something wrong with it at the first place and that the item you received doesnt meet the description - this means that you agree to accept the item as it is - , you are responsible for any possible damages and the seller is not responsible for it. Remeber, you had the option not to do so.

Your best bet is to hope that, when the port is disabled by default, there is no power going through it so nothing is shorted despite the pins touching each other.

The seller cannot be held responsible for it now since you powered the item up, and maybe you had done some damages to it when powering it on...the seller cannot take the item back and return you your money, EVEN IF it was his fault by selling you a crapped out item at the first place. Hope you udnerstand the situation.

gotta at least take some commercial law classes Caveat emptor my friend

Adequate packing is important but it is hard to determine what is "adequate" when there is no conditions stating how it should be packed at the first place. There is no packing regulation stating that whatever being shipped must be wrapped with 1" bubble wrap and packed into a larger box, they are just advice. That's why there is shipping insurance, fob shipping point, and fob destination.

The seller is at fault until the buyer powers that sucker up.