Shipping - Who's Resposible for Receipt of Item?

I started a thread like this a long time ago, and my ultimate conclusion was that unless otherwise agreed to, the risk of loss in shipping was with the seller. Anytime I sell anything, if the buyer isn't paying for shipping with signature service and insurance, I make very clear that they bear the risk of loss/damage in shipping.

Anytime I sell anything, if the buyer isn't paying for shipping with signature service and insurance, I make very clear that they bear the risk of loss/damage in shipping.
Edesilva (System | Threads | Answers)

Me, too. A perfectly reasonable solution as both buyer and seller have agreed on the terms and accepted the risks.

As a buyer, I constantly gamble with the possibility of not receiving an item by choosing to pay less for a shipping service that doesn't require a signature. Thus far, the savings have been worthwhile. However, if I experienced just once what John is experiencing, then I'd likely revise my choice and look for the lowest cost alternative that requires a signature.

BTW, I believe the lowest-cost alternatives would be FedEx Home Delivery with Signature Required followed by one of the USPS services with Insurance.

Tvad, alright, how about this? In my situation the shipper and receiver did not agree on shipping terms before hand. I e-mailed the sender and asked him to send a tracking number when he shipped. He sent me a tracking number. When I checked out the tracking number, I was shocked to see that the package had already been delivered. I never told him to ship with no signature required. I never told him to ship UPS. There were no shipping discussions before hand.

How can the shipping companies obligation be fulfilled? How do I know the idiot driver even left it at the right address. Sure, it could be theft, but it could be a mistake by the driver too. The shipping company has to have some liability.

While I agree that AudiogoN's polocies are a paper tiger, they will not help you re-coup lost money, they can cancel a member's membership. I've seen this done firsthand. Sure, you can come back under another e-mail address and moniker, but the moniker you have is dead.

BTW, I know a member who just purchased a expensive preamp and the box was all oily when he opened it. The oil caps had leaked. The seller claims no liability in this case too. No refund, no repair charge. Nice, huh? So it's a seller's market now I guess.

Let the buyer beware.

John

John, what can I say? It's bad business to send payment before all terms are agreed upon in writing, including shipping terms.

As far as whether UPS' obligation has been fulfilled, that's a question for UPS. Clearly, something is SNAFU in your situation.

This is not a question of a buyers' versus sellers' market. It's a question of due diligence on the part of both parties.

In the last example, it would appear appropriate for the seller to make things right since it would not appear to be any fault of the shipping company, but one cannot make a blanket policy for all contingencies. I was under the impression this thread was primarily discussing shipping methods and seller/buyer responsibility for safe delivery rather than product failure or malfunction.

Finally, if Audiogon chooses to cancel a membership that is their right. So be it.

03-23-07: Tvad
It's a question of due diligence on the part of both parties.

I still think the shipping company has some liability.
Should one of the two parties get screwed if the shipping company delivers to the wrong house/apt? I can see how the shipping company wouldn't want liability in case of theft, but I think the shipping company should have to prove that they delivered to the correct address. They may have the correct address on record, but who here hasn't received their neighbor's mail? Obviously, occasionally, the delivery person makes a mistake. Shouldn't the shipping company be held liable for the mistakes of their employees?