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Author Topic: Who is responible for lost shipping?  (Read 6199 times)

Posts: 828

« Reply #30 on: March 29, 2006, 12:39:48 PM »

"What do readers think?"
 Were you expecting many readers here to be lawyers familiar with the laws in your jurisdiction?
 Expect to wind up in small claims court if you don't give him a refund. Possibly in HIS state, not just yours.
 Everything will depend on the laws governing this. Is it a commercial transaction governed by the UCC? Or a personal one? Do you have any writings, or just oral agreements? Did you offer shipping which he declined? Or did you choose the shipper? Did you make the sale "FOB" Freight On Board to indicate the shipping would be his responsibility? Probably not, huh?

 You may be able to get some free local legal aid from your local rep or assemblymen (many offer evening hours of free advice) or a free or $25 consult with a local law firm, but the bottom line is that whether you are liable or not--will depend on local laws, and possibly federal ones since it was an interstate transaction.

 My own *guess* is that you are responsible, unless you made the sale "FOB" or you have a writing from the other party saying he did not want it insured. I make it clear, in writing up front, that if the buyer doesn't want insurance that is their loss is anything happens. And, I'll use free proof of delivery from the USPS to confirm it, regardless. (If you use USPS online shipping software, that's either free or dirt cheap.)

 But I'd suspect you'll wind up in small claims court, regardless of the laws, unless you pay the man. If you have copies of those emails asking if he wanted insurance, and his replies indicating he didn't answer...I'd again *guess* it will depend on which side of the bed the small claims judge woke up on.

Posts: 542

« Reply #31 on: March 30, 2006, 10:23:36 AM »

"Otherwise, it's wise to pay an extra dollar or two. If you have to, just raise the asking price a couple of $ to include the cost before you finalize a deal. "

Exactly.  I mean, if you are selling a piece of equipment for $200, how much of your profits are going to be eaten up by paying $2 in insurance?  It can cost that much just to package it.  If we're talking a $1,000 radio, you are putting up a whole $10 for insurace to cover everything.

I knew hams were cheap, but come on - to worry about 1% of the total cost of an item?  That's pretty sad.

Like someone said, instead of starting the bidding at $100, start it at $105 or something.  Then you don't have to worry about it.  And remember, the other guy is a ham just the same as you are.  Cut him a break.  If you bought a radio and didn't get it regardless of the reason, you'd feel pretty crappy about it.

Posts: 1003

« Reply #32 on: April 09, 2006, 09:39:14 AM »

If you're not in business, there is
NO profit anyhow.  Every piece
of gear that I've sold was at
less than my cost to acquire it.

Since you're making a profit,
I hope that you're keeping careful
records as 15 April is not that far away.

I insure what I ship, BTW.  

73 de Ronnie

Posts: 1003

« Reply #33 on: April 09, 2006, 09:42:23 AM »

Oh, and the cost of insurance would
be an expense and decrease your gross
profit, which is what you're concerned
with anyhow.  The idea is to get your gross
down to the lowest legal net.

73 de Ronnie

Posts: 1435

« Reply #34 on: April 17, 2006, 08:28:28 AM »

Email the buyer copies of the postal receipt.  It should show the zip code, weight, and cost.  That shows, more likely than not, you mailed the item.

Whenever I sell something on eBay, I specify FOB Tucson, and offer to buy insurance if the buyer wants to pay for it.

I did receive an item 4 months after it was mailed in the USA.


Posts: 2198

« Reply #35 on: August 24, 2006, 12:04:58 PM »

Unfortunately, all he has is a receipt that a package was SENT, not what was in the package.  (If he were dishonest, it could have been empty.)  At least with insurance, you also have a receipt showing your presumed VALUE of the item shipped, and were willing to pay for it.

    The buyer already paid a price, and expects to receive a package with the agreed upon goods.  And the buyer can NOT file a complaint with the USPS; that's up to the sender.  Paying insurance is cheap insurance to prevent just such headaches.  But I'd use UPS, DHL, even FedUp ground before I'd send anything of value through the regular mail.  And they at least provide basic insurance (used to be $75 for UPS, but I believe that has gone up) and adding additional insurance isn't THAT much more.  It's cheap peace of mind if something goes wrong.  And I've never had a problem with UPS shipping.  And nowadays, with the proliferation of Office Supply stores and independent stores that offer UPS shipping, it shouldn't be too hard to find a location almost as close as your local Post Office.

Posts: 2198

« Reply #36 on: August 24, 2006, 12:11:50 PM »

If my buyer declines the insurance fee,
no refund is required if the item is lost.
I can file a claim and collect my insurance money
and I have no obligation to reimburse the buyer.

73 james

    James (DRN)

    That isn't right, honest, or ethical.  If you got paid by the buyer you already got your fair payment for the deal.  If the item is lost or damaged, and YOU get reimbursed, then the payment must be refunded to the buyer.  (Otherwise, you have made a tidy double profit.)
    Then again, perhaps that's what's taught in business school at Harvard and Yale and other schools these days.
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