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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
77jovian
271 posts
 
Like all matters in a contract, the parties can agree to anything they want regarding shipping.  So a clear understanding is the most important first step.  Failure to talk about the details beforehand is sure to lead to problems down the road.  Don't rely on what you might read here about who ought to be responsible...make a specific agreement.

While the parties can agree to what they want regarding shipping, the seller is the only party who can document the shipping process.  And documentation is fundamental for any unanticipated problems.  So, when I ship, I carefully photograph the item in good light on all sides and angles.  If it's electronic, I photograph it plugged in and turned on to show working lights, etc.  I also take pictures of all accessories, like remotes, cables, covers.  Then I take pictures at every step of wrapping and packing.  When the shipping cartons have been sealed, I take pictures of the cartons from all conceivable angles, including all corners, seams and address labels.

Similarly, the buyer is the party who can document delivery condition.

Good idea to discuss those expectations in reaching an agreement, too.



richier31
22 posts
 
Opinions and wishes are useless here. Only the Legal contract says who is responsible. 
This contract is basically the Postal Service Act (US) and almost every country has one. 
If there is a business to business deal or business to customer or even a C to C if you use a postal service the same law applies.

You cannnot make your own terms that rule against the law. What is fair and just is a whole other subject.
Most cases end before any ruling is given. The legal cost and effort to get justice if something went wrong are steep. 

Luckely if you pay by credit card or PayPal you as buyer has some extra leverage. They have applied the postal act in there own terms.
 They hold the sellers responsible until you have received the package in good condition. Some Risk involved here when the package is in good condition but the goods inside are not. Different subject. 

 If you did not revieve the goods you can file a claim and in most cases you as buyer get your money including shipping cost back.
As private seller that I have been many thimes I will think twice about shipping a valuable package to any one. Pick-up is preferable.  
Companies will account shipping losses in there cost price.

The risks are low these day’s. We have door to door tracking and realible companies at least in most parts of the world. 
I feel quit safe safe as buyer. As seller I am less protected by law. 


geoffkait's avatar
geoffkait
14,147 posts
 
Two tips. Never ship across country. It increases the odds of damage substantially. Offer the option to pick up locally, even better offer pick up locally as the only option.
tweak1
870 posts
 
I learned the hard way that in the event of loss or damage, the buyer is at the mercy of the seller to do the right thing. Problem is that claims departments can be a RPITA to interact with

My solution was to open my own Fedx account, which puts ME in control. Simply provide the seller with shipping label

I did miss out on buying an amp when the seller did not trust this new to him process

When I sell, I provide pics of the item AND packing material
elizabeth OP
6,726 posts
 
Tweak1 that i a GREAT way to handle shipping!
Another personal story this time about UPS and ’Signature’. I bought a used Kimber KCAG pair of IC, I paid about $300. Sent and UPS claimed signed for.I was at a loss. I did not get it. Well, it turned up as I asked my neighbors.. The person directly above me, just happened to walk out into the lobby when the UPS guy was buzzing. He handed her the package and asked her to sign, She did, nothing you could read mind you. She took it upstairs, opened it, and THREW THE BOX AWAY. tossed the now crumpled and twisted up IC into a drawer in the kitchen. As far as she was concerned, end of story. When I asked, She was yeah I have that thing. And handed me the IC. I ask where is the box? Tossed. I read UPS the riot act. They didn’t care, nor did the UPS driver. What the idiot thought who lived above me? no idea.
At least she did not throw away the silvery gizmo she had no use for.
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