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 4 responses by porschecab

From the insurance standpoint, I will tell you how large insurers see it.

Example:

You accept money for goods. You pack the items and take them to work the next day to ship. You make the deposit at lunch, but when you leave after work to ship the item, it has been stolen.

These large insurers view the item as NO LONGER BEING yours, since you were paid for item. The transaction and possession have transpired, ownership has transferred upon acceptance of payment.

I concur, the shipper has the responsibility to file the claim, follow up, and as Sean states, file a release to the buyer since the shipper has NO INTEREST in the unit. By interest, I mean proper authority to make decisions as he/she are no longer the legal owner.

I disagree the buyer has the right or option to choose to follow the claim or demand a refund. If the item has not been packaging properly, then I agree, buyer is 100% responsible. HOWEVER, if packaged properly, or in factory package, I do not feel the buyer should FRONT the money for the refund AND wait for the carrier to make the their decisions.

Unfortunately, in this situation someone has to take the risk, and I, personally, with proper packaging, feel the BUYER is the one to accept the risk. The buyer accepted this risk upon purchase, entering into the possibility of damage during transit. Now, this would be my stance in a 'repair' bill, versus a 'replace' or 'total loss' bill.

As a buyer, you need to be aware of such potential risks of loss, and DEMAND/PAY for security. Proper insurance, proper packaging, and the likes just as the seller should demand such.

I recently sold a Velodyne HGS-18II, FACTORY SEALED. It arrived to its destination, damaged. I did nothing wrong in describing the item, promising proper timeliness of shipping so how can I be held responsible? What if I already owned an HGS-18II that I dropped a Theta Dreadnaught on and cracked one end. Ah, I know, buy one from someone, swap them out upon delivery, demand my refund, and let the poor seller deal with it. THIS HAPPENS!
DO NOT BE A FOOL TO THINK IT DOESN'T.

Someone just purchased a Sony DVP-7700 from me. Unit had some superficial surface scratches on top, nothing major, and came with factory packaging and box. BUYER wanted complete safety, and paid to have the FACTORY box put into a larger box, with added padding/support. Not to mention the size of the box and newly added weight added to the cost of shipping. This is responsiblilty for BOTH parties involved.

As a buyer, I do not like NON FACTORY packaging. RARELY does anyone package properly. It is not cheap, it is not easy, BUT as a buyer AND seller, both need to be aware of the risks of going 'cheap-o'.

Rule of thumb, (does not guarantee safe delivery) buy with factory packaging. If not, BE SURE IT IS DOUBLE BOXED with PLENTY of packaging, foam, and according to the carriers demands.

Dan

jaxz -

Relax. The header of this post is "DISCUSSION" which is just what I am doing, discussing, using my views and opinions. The insurance part is JUST A COMMENT, which I think is of value IN GENERAL.

I am not saying the seller is out scott-free once shipped.
Obviously the buyer and seller have to work together to resolve the situation accordingly. I simply disagree with above comments that the buyer should have the 'right' to decide if he or she wants to pursue insurance or receive a complete refund from the buyer. I feel BOTH parties need to work it out, and make the decision TOGETHER. I am not opposed to providing refunds to make the new owner whole, just don't feel it is their decision exclusively!

Hope this makes sense.....

Dan
SEAN!

Thanks for the clarity! Indeed I have the wrong buyer/seller mixed up, and it is pretty obvious once I read it again!

That is what happens when you only sleep 2 hours because you are so excited to get up and read AGON posts!! Sleep Dan, sleep!

Thanks, and sorry for the confusion!!
jax2 -
Understandable, and surely no hard feelings taken or given.

My bottom line is:

Pack EXTREMELY well, understand BOTH parties are equally responsible, IF properly packaged, in pursuing insurance.
I do not think the SOLE responsibility is on the seller/shipper.

I have had/have a few claims and each/everytime, the recipient has been happy with working through the carrier, as opposed to demanding a refund and leaving it up to me.

My only disagreement is allowing the buyer the right of refusal to reject mediation with the carrier, leaving all of the burden on the shipper.

MHO.

Dan