Seller is responsible to get item to you, intact. yes? or no?


Is the seller responsible for packing and shipping? or not? Should the seller insist on a safe form of shipping? (and if the seller does insist, can he make the buyer pay for air, or 2-day?) or can the buyer say ship cheap (even though the seller eats the shipping fail?) ((And DOES the buyer eat the broken equipment cost?))                  
Who should be worried about insurance... the buyer? or the seller? Since it it is lost or broken, the buyer can get his/her money back. (usually)  
My 'take' is that the person AT RISK for loss is the SELLER. And the SELLER should certainly be needing the insurance. (Notice the seller is the person who has to collect insurance, NOT the buyer)... So IMO the Seller should be including the cost of insurance IN THE ASKING PRICE. Since the seller is the one 'needing' the insurance.                   
The other side is why should the buyer PAY for insurance when the seller is the one being protected by insurance?            
I have asked this before long ago, and the main answer seems to be FURY on the part of (mainly) sellers claiming they have no part in any shipping fail, that they say it is 100% on the buyer. (to which I just laugh)Where I would say the shipping packing, and burden of surety is 100% on the seller/person shipping.So what's your thoughts on it today...(like I said, I asked this years ago, and got a LOT of flack for even claiming the seller is the bad guy, and is responsible 100% of the time for the insurance and proper packing and insurance against loss.) So I thought it was a pertinent question. and wonder what all you folks think, today?

elizabeth
I my used audio searches I have found and sold a lot of gear to the biggest nearby city, Chicago. The three hour round trip is no problem.I do not remember where my Kuzma was when I purchased it, but the owner drove to deliver it for $20. ((I remember the silicon dampening trough was full!, IT sounded dull and well, dull. Took 80% of the juice out and it became great. I always wonder if the only reason it was sold was the improperly filled dampening trough. IT actually sounded bad as it was when delivered.))      
Anyway i agree being able to go pick up an item is wonderful. Dropping off not so much. Now I insist on pre pay for a drop off. Driving 100 miles only to discover the buyer /changed their mind, or want a hundred bucks off the agreed upon price has spoiled dropping off for me to a degree. (I told the reluctant buyer sorry I have other plans and thought bad thoughts on the way home. Lucky I LOVE to drive anyway, so on that part no big deal.
It is 100% on the seller to get the item to it’s destination and in the hands of the buyer. Sell at a price that takes into account all insurance and packing fees with a carrier you trust the most. If the buyer does not want to pay for the extra weight or cost of proper packing then sell to someone else!!! I do not need cheap  buyers that do not appreciate how much hell an item goes through to get to them but are the FIRST to complain about every little nuance. It’s up to the seller to protect his own back  which means packing it correctly with lots of layers and crush zones. I 100% agree with the person who said the item should be able to survive a 10ft fall with no damage. I witnessed an entire vertical stack of boxes fall from a rented moving truck used by FedEx during the holiday season. The bed of the truck was at least 5ft in the air and the top box that toppled to the ground was another 5ft above that. The heavier the item, the more inertia and better it should be packed. Pack the thing like it’s traveling to the moon!!! This is really simple. Things go through 7 kinds of hell when shipped. Pretending they are getting the white glove treatment is just ignorant and delusional. LEARN HOW TO PACK STUFF!!! Take pictures of the entire process of packing an item. Sellers are not the victims. Sometimes bad stuff happens. I got a new video card over the summer from a large US mail order seller. It was packed in a box with NO PADDING the same size as the retail box. It also was run over by a truck!!! It had tire tracks on it and was physically crushed in the shape of a horse shoe. We can’t keep our stuff from being run over but we can pack it large enough not to roll under the truck.
The Uniform Commercial Code (law) defines title passage and liability as follows:

"The term, FOB Shipping Point, indicates that the sale occurred at the shipping point—at the seller’s shipping dock. FOB Destination indicates that the sale will occur when it arrives at the destination—at the buyer’s receiving dock."

It depends entirely upon the terms of the contract negotiated and agreed upon between the parties.

It’s just that simple - nothing else matters.  Most definitely... not your opinion!
Now this sort of argument was far more common in the past. In fact I would say 15 years ago ALL sellers lined up saying the onus in the buyer. But now, with the influence of PayPal, nearly everyone agree the seller is holding the bag until a good delivery to the buyer. Some holdouts for the old ideas have shown up to state their opinion.For folks making the claim they put it on the buyer. I do suggest making sure you HAVE THAT IN WRITING, and state it in your ads. I am sure plenty of folks will walk right on by....
Am I the only one who had an audio package delivered to me crushed, not in the original shipping box and with 3 styrofoam peanuts to protect it?? Folks, my complaint is with seller who did not pack an item correctly, knew it and did not care. Not talking about surviving a 10 ft drop. Yeah there are terrible buyers who complain and back out of deals AND yes one should have agreements in place but the whole buying and selling process falls apart when someone throws audio gear in boxes at breakneck speed to maximize profits.