Item from China not received but Tracking says its been in Australia for 3 weeks

[goldenblack440]

I bought a kit of rubber parts (automotive) from China on 28 Aug.  Now 1 Oct and still not received. Latest estimated delivery date was 27 Sept.  I couldn't get the ebay tracking site to work for me (still doesn't work!) so I contacted the seller in China and told him not received and also asked if he could try the tracking number from his end.  

He said that the tracking info indicated that the item was delivered into Australia on 6 Sept.  And could I please wait a few more days.  I told him that it was hard to believe that the item has been in Australia for 3 weeks and yet I have still not received it but I live in a major city.  I told him that if it has not arrived by Tuesday, I would lodge an Item Not Received Claim with Ebay.

He got back to me immediately in a bit of a panic saying they have no control over delivery times etc (understandable) and there was some unknown delay and could I please wait 12 more days !!.

I am wondering if he said this so that the time will expire before I can lodge an Item Not Received Claim?

Does the seller have to pay for items not recieved?  Or is it covered under the PayPal Protection system (costs covered by PayPal?)

I won't wait 12 more days, if he reckons the item is already in Australia.  That's ridiculous.  Unless he made that up, which I doubt, as he seems good in English and seems honest.  Surely Customs wouldn't be interested in some rubber grommets and plugs.  

Thanks