Shipper is responsible for insurance:Discussion


Over on AA in the vinyl section, we had a lively discussion of who is responsible for insurance, and why. My (RANT) take on this,(backed up by the laws about this) is that the shipper is soley responsible.
The buyer has a right to expect the goods delivered exactly as advertised, or, he has a right to reject them. If the goods are broken in shipment, the SELLER must be the claimant, as HE paid for the insurance, and did the packing.
Why so many sellers try to weasle out of responsibility is curious to me. Laziness? Because they can get away with it?
My stance is that (even if the seller includes the cost of the insurance in the selling/shipping/handling cost) the shipper is soley responsible for the goods arriving in the condition claimed in the advertisement.
Many folks feel that by issuing a disclaimer as seller, they are no longer responsible. I say they ARE STILL RESPONSIBLE, and should act accordingly.
No more "it ins't my (seller's) fault blah blah blah, it IS the sellers responsibility!!! and if the stuff is trashed, it belongs to the seller, and a refund is promptly due the buyer, as the seller failed to deliver what he promised.
If this issue could be clarified, I think it would benefit all the buyers and sellers.
Any comments?
elizabeth

Showing 2 responses by hifirush

I used to work for a large trucking company, and I can tell you, things get damaged in transit. This is why buyers want insurance and the shipper should also want insurance on any item they ship. Our company had it's own insurance, or I should say, it was self insured, which certainly is under strict guidelines and the customer pays for it.

Dan is correct, that once an item is paid for, the item belongs to the purchaser. However, improper packaging is a fault of the shipper. Abuse to a package in transit, is the fault of the shipping company. This is where the problem lies. Who caused the problem? When it comes to a company parting with "Insured value" monies, blame is going to be placed on someone and they will end up paying for it, either directly, or through their insurance.

Elizabeth is exactly correct, the seller is responsible for taking care of the mess, if something goes wrong and the item gets damaged. This seems backwards, since the buyer is actually paying for the shipping, just look at any manifest (The buyer is actually the owner) but the carrier, like UPS, FedEx and USPS, require the shipper to make the claim and the payment for the insured item, will go to the shipper. It may be wrong and it is a hassle to the seller/shipper, but that is the way it is.

Unfortunately, I have had an experience with this, through FedEx and a pair of speakers that arrived damaged. The seller wasn't going to do anything and it took many calls and emails to get him off his behind to take care of it, but I was told by FedEx, the shipper is the one who will need to follow up, and he was going to receive any payment, if they decided the speakers were packaged properly. This is something that Dan touches on, but I feel that the seller is ultimately responsible for the packaging. It is an item that no longer belongs to him and it is in his/her charge. He didn't pack right, but did the right thing and return my money. He ended up eating the speakers, but that wasn’t my fault or FedEx.

I have been on the other side, with USPS and an expensive golf club. The postal worker broke a $500.00 driver into 4 pieces! The buyer told me of the condition imediately, since he was going on vacation with his new club, and I refunded his money. It took 4+ weeks to get the Post Office to give me the money, and then they wanted to give me less than it was insured for. That is a whole other kind of mess.... but that is for the insurance types to discuss.

My thinking is, the seller is responsible for the packaging and it is part of the "risk" that the seller incurs by selling and accepting payment for an item and then arranging shipping. It is a hassle if something goes wrong, agreed, but the shippers are going to hold the seller responsible for the claims and the packaging.

If a seller is saying, "I'm not going to be responsible for any shipping problems", or something to that effect, stay away. They are going to be a real problem for you, and this will make a bad situation even worse. No one wants damage to occur, but lets face it, we all live in the real world, and the shipping companies have it set up that the seller/shipper is the responsible party for the claims.

Dan makes a good point, in discussing the packaging with the seller. I agree; if it is an expensive or heavy item, pay for the proper packaging. But all sellers out there, be aware of the responsibility that the shipper is dropping on you, when you ship an item, YOU ARE RESPONSIBLE FOR THE CLAIMS. It may not be a fair world, but I’m sure you parents already told you that. There is risk in both buying and shipping.
Jax2, I agree with you 100%! Perhaps all this "Letter of the Law" talk is confusing, it is to me. If the carrier, (UPS, FedEx etc.) is at fault, due to abuse, they will pay up. If the shipper (the seller) is at fault, by lack of proper packaging, as determined by the carrier (UPS, FedEx etc) chances are they will be held liable and the insurance may or may not pay. What I believe is the point of this post, is trying to figure out who is the party to pursue the claims in the event of damage to a package, and that falls on the seller. All of the carriers (UPS, FedEx etc) make this perfectly clear. It is a hassle. It is time consuming. However, it is the way it is and sellers need to be aware of this and buyers should hold the seller accountable, whether it is the carriers or the shippers fault of the damage. It is up to the seller/shipper to make the claim and collect the insurance. I hope this makes my point clear.

Best regards, Matt