A'gon Transactions, Risk of Loss?


I was reading a thread about a dispute earlier and found seemingly different views on who bears the risk of loss in shipping for transactions on A'gon...

Is this something that has been clearly established? If so, should it be better publicized? And, should it be alterable by agreement?

While I understand sellers typically ask for compensation for shipping, since shipping charges vary considerably, I always assumed the ROL was on the seller b/c the seller was the party contracting with the shipper--the seller is the only one who can insure and the only one who can increase the odds of the package arriving safety by properly packaging. I'd note, the only time I was involved in a deal where the product arrived damaged, the seller was very cooperative, we tried to prosecute a claim against the carrier (and lost b/c they said it was badly packaged), I shipped the item back, and he refunded my money (and the return shipping charges--I ate the original shipping costs). This also seems consistent with most mailorder businesses--if something arrives damaged, you get your money back if you want.

What I found confusing was that people seemed to be advocating a position (I would have posted in the thread, but it was closed) where the buyer was bearing the ROL and the shipment was only insured *if* the buyer chose to purchase insurance. But, the buyer *can't* insure the product--the carriers won't let them! The insured party is the *shipper*!

I would note that parties should be able to agree to changes--I advertised a product for local pick-up only, and someone asked if I'd ship. Since I didn't have original boxes, I said only if they picked the shipper, paid for shipping and packing by a professional mailer, specified insurance, and bore the ROL explicitly. I've also encountered cases where a buyer has wanted a specific carrier for the shipment--if a buyer insists on their own shipper of choice over the seller's choice, it might be appropriate to shift the ROL.

Am I out of my head?
edesilva

Showing 1 response by pls1

I don't think you are out of your head BUT the ROL should be something explicitly agreed to as part of the deal. I've done quite a few deals as buyer and seller here on a'gon and have had my share of damaged goods.

I've tended to go with the buyer having ROL if the packaging is original and the seller didn't do something obviously stupid. This is whether I'm seller or buyer. While the shipper is the insured, the Buyer, (the receiver) is the one who needs to deal with the freight company inspecting the damage. If the unit needs to go for repair, it will be shipped back to the buyer

Fortunately, in my case, the out of pocket cost to repair the damage has never been more than about 10% of the purchase price.