what is the proper protocol

Bdgregory,

The contract between seller and common carrier and the contract between seller and buyer are two different contracts.

Just because the seller agrees with the carrier that he bears risk of loss as it relates to their contract, he does not necessarily agree that he bears risk of loss in the contract with the buyer.

Viridian

May be you should read the FAQ more carefully before you comment. There is a big difference between "should" and "must". "Should" is aspirational but not required, "must" is required.

Audiogon "customary practice" won't help anyone in a dispute. You must look to the laws of the state. And in almost all states, the buyer bears the risk of loss unless agreed to otherwise.

Nhtran, the exact quote from the FAQ is, "In cases in which the shipping company has lost the item, the seller must offer a refund to the buyer immediately and then file his loss claim with the shipper." Nothing aspirational about the use of the word "must" here. I agree, the transaction is goverened by both federal and state laws, however many have had their accounts closed on this site for not living up to the agreement upon signing up which says that you must agree to the rules of the site. And the word is maybe, not "may be".

Viridian, since no Audiogon member must agree to the quidelines to which you refer as a condition of one's membership, I submit that those guidelines do not constitute an agreement between a member and Audiogon, nor do they constitute terms of use. Therefore, no member is bound by them.

They are quidelines of conduct based on an honor system. Period.

Why you continue to hammer these guidelines into intractable rules by which we must all adhere is known only to you.

Recognizing that Audiogon is not a democracy, and the terms of use are dictated by the Audiogon owners/founders, I propose the following:

All prospective Audiogon members, and all present Audiogon members shall accept or reject the Audiogon Seller and Buyer guidelines as terms of use for all paid listings and transactions resulting from Audiogon listings. Acceptance of the Audiogon Buyer and Seller guidelines shall be binding. Present Audiogon members shall be notified via email of the changes to the terms of use and shall have the opportunity to accept or reject the Seller and Buyer guidelines. Those present members who decline the revised terms shall have their memberships revoked. Members who after completing a dispute process are determined to have violated the terms of use shall have their memberships revoked.

Sincerely,
Your friendly local Libertarian.

. . . well I thought I posted this last night, but it must have gone into a black hole.

The contract between seller and common carrier and the contract between seller and buyer are two different contracts.

Just because the seller agrees with the carrier that he bears risk of loss as it relates to their contract, he does not necessarily agree that he bears risk of loss in the contract with the buyer.
Nhtran (Threads | Answers)

thanks NT, I think our difference of opinion is based on the fact that you're making a legal argument, and I think this discussion is about expectations we have on this site, and what are fair, good faith practices. I'm not a lawyer, though you appear to be.

Regardless, the sellers I feel comfortable dealing with are those who stand behind their deal all the way, not those who wash their hands of responsibility once the item is handed to UPS.

As for parsing words in Audiogon terms of use doc's, I think the "Shipping Policy" which is published on the site FAQ is unambiguous, would appreciate other views of it. It's probably not legally enforcable, but a clear articulation of expectation. Here's the link again:
http://www.audiogon.com/cgi-bin/faq.pl?Sellers/Shipping&1065032072&actg#1