I've sold a lot on ebay (and I mean a lot) and I wouldn't sell something like that without clear pictures of the damage. Email the seller then file a claim, you'll win but have to eat the return shipping. It will just take a week or two for it to happen though.

I've missed damage or had shipping damage occur before (maybe one out of 100-150 things), it's part of selling stuff and I always just take the item back no questions asked. Works out better for me in the end even though it costs me a couple bucks in shipping losses (ebay and paypal fees are refunded).