danez71
Member
The shipper does unless otherwise agreed.
Assumption of risk for shipping...
- Thread starter tcoz
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Hokkmike
Member
Bottom line here whatever arrangement you make is to scope out the seller and feel very comfortable about doing business with him or her,
GBExpat
Member
This ... which is why I never send the more expensive/irreplaceable items without insurance.
gifbohane
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I did not see anything in there about (changes to) contract law or the Uniform Commercial Code. Both govern these types of transactions
GBExpat
Member
danez71
Member
The UCC doesn't govern this type described in the OP.
Contract law.... the buyer is contracting the seller to have X product delivered in same condition as when sale is agreed upon.
If product is not delivered, contract has not been executed through not fault of the buyer.
Conversely, if it was agreed that the buyer was to arrange for shipping to be picked up at the sellers dock,,,,,
FOB Destination vs Shipping Point. Or in more modern terms, EX WORKS
I don't do this a lot. But several years ago I sold a McMillan stock to a gentleman in NC, shipped USPS. I paid extra for insurance on a $600 stock. Tracking indicated that it had been delivered, but the buyer said he didn't get it. We both waited about a week to see what would happen. After a week I refunded him the money, filed a USPS claim and filed a police report in his home town. I was told that I had no claim with USPS. Since their tracking indicated that it had been delivered they said it was out of their hands. They delivered it, or so they said.
I was contacted by phone and e-mail by a detective. I cut and pasted the entire conversation between myself and the buyer and e-mailed it to him. He made some calls including to the local USPS who suddenly "found" the package and actually delivered it 10 days AFTER they initially said they had. The buyer sent me another check and all ended well.
That was a lot of money had the package not been located, but my reputation was worth more to me. Even though I could easily document that I had shipped a package. I honestly thought the package had been delivered and then stolen. Under the circumstances had the buyer offered to split the costs I'd have probably taken him up on it. But I wasn't going to ask.
I was contacted by phone and e-mail by a detective. I cut and pasted the entire conversation between myself and the buyer and e-mailed it to him. He made some calls including to the local USPS who suddenly "found" the package and actually delivered it 10 days AFTER they initially said they had. The buyer sent me another check and all ended well.
That was a lot of money had the package not been located, but my reputation was worth more to me. Even though I could easily document that I had shipped a package. I honestly thought the package had been delivered and then stolen. Under the circumstances had the buyer offered to split the costs I'd have probably taken him up on it. But I wasn't going to ask.
redneck2
Member
Sounds like the letter carrier "found" it, probably at his own home
chicharrones
needs more ammo
I can't remember FOB used in anything other than freight.
With UPS, FedEx, USPS, and the seller shipping the item through the seller's shipping account, the "internet" way of handling shipping seems to always fall on the seller. Regardless if the buyer paid the seller for shipping in addition or the shipping is included in the sell price.
I've never had packages lost, yet. But I sure have had packages (and freight) damaged. I insure everything of value I ship whether freight or UPS sized packages.
The biggest PITA is when the outside of the box looks good, but the internals are damaged. Most freight companies won't allow a claim for hidden damage if the item is signed for and the truck drives away. And the seller won't take blame because they will say the freight company damaged the item. The buyer has to open the box or crate before the truck driver leaves. Which is downright impossible with the way small packages are left on household doorsteps by the shipping company.
With UPS, FedEx, USPS, and the seller shipping the item through the seller's shipping account, the "internet" way of handling shipping seems to always fall on the seller. Regardless if the buyer paid the seller for shipping in addition or the shipping is included in the sell price.
I've never had packages lost, yet. But I sure have had packages (and freight) damaged. I insure everything of value I ship whether freight or UPS sized packages.
The biggest PITA is when the outside of the box looks good, but the internals are damaged. Most freight companies won't allow a claim for hidden damage if the item is signed for and the truck drives away. And the seller won't take blame because they will say the freight company damaged the item. The buyer has to open the box or crate before the truck driver leaves. Which is downright impossible with the way small packages are left on household doorsteps by the shipping company.
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medalguy
Member
If you're concerned about possible damage or loss of something you are selling, then just indicate FOB Origin in which case title passes to the buyer upon delivery of the item to the carrier. Mention in your ad that insurance is on the buyer's dime, and everything is covered. Pretty simple.
Unfortunately, this is not really firearms related.
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