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
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.
Sellers should always make sure to get full insurance coverage of items they ship out in case of damage in transit to the buyer, don’t skimp on insurance even if you’ve never had anything go wrong. Always pack as if you believe the package will be treated poorly in transit as well. I believe it may cost more to get packages marked as fragile, but that’s worth it as well.

If you can remember, try to ask for pictures of the packaging or new pictures of the item prior to packaging as pictures may be old. As a seller you should always try to take pictures of the packaging, and the item just prior to sealing the package so you have a documented record of what you are sending out and the condition everything is in. Digital photos will have a date and time stamped into their digital signature/properties as well, so that’s good evidence (sure it can be manipulated but the more evidence the better).

Now I cannot say this is the same with UPS or Fed-Ex (I’m sure it is as I’ve had to sign for packages delivered by each of them before), but with the USPS insurance only covers everything up until the item is left at the buyer’s residence/destination. That means if a package is left there but winds up being stolen from the doorstep or stairs or whatnot, or if it’s left at the wrong residence but marked as yours, insurance does not cover that. Sellers should make sure to get signature confirmation; with signature confirmation you have added insurance and a documented record of the person that signed for the package. It assures the buyer will (most likely) receive the package, and the seller gets a bit of extra insurance that a scam cannot be pulled in saying the package never arrived or something similar. It’s only three extra dollars at my post office, so it’s worth the money unless you’re sending out something disposable to you at $30 or less and you are low on cash at the time.
Oh and as a seller always make sure to take a picture of the postal receipt and if you want some extra insurance as a buyer, ask for a picture of the postal receipt.