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Buyer responsible for shipping damages

I've seen several ads in recent months stating the buyer assumes any damages occurring in transit. Initially I get frustrated that this blatant contradiction to Audiogon policy is touted so freely.  But then I am reminded that I was probably an Audiogon member for at least 6-7 years, having sold many pieces of gear, before I saw that policy somewhere here.  And at the time it seemed counter-intuitive somehow.  That is what insurance is for !  But then, I thought about buying ANYTHING from the web, and could not imagine any retailer who would balk at taking back some item that arrived at my house trashed.  Why would it be any different for me as a private seller?  So, it seems this is not common knowledge on the 'Gon.  I think Audiogon should make it more apparent to anyone posting a for sale ad.
jimmy2615

Showing 1 response by jmcgrogan2

jmcgrogan2's avatar
jmcgrogan2
6,346 posts
 
I believe that the shipper is responsible for shipping damages. Normally, the seller is the shipper. However, I have been involved in deals where the buyer is the shipper. The shipper pays for the insurance, only the shipper can file a claim for the insurance (with the exception of USPS as mofimadness points out).
Again, the shipper is usually the seller, but can be the buyer.

In some cases, usually when shipping Internationally, when the buyer wants me to lie about an items value, I have the buyer accept shipping liability in writing before I ship. In these cases, I can not insure for more value than I claim the item is worth on the Customs form.
If a buyer wishes me to claim 10% of the value of the item, to save them some duties fees, then I can only insure for 10% of the value. Then if anything happens, they are only due a 10% refund. They must accept the liability in writing before I will do this. Otherwise I claim and insure for the full amount of the item.

That said, I haven't seen any of these ads, but it doesn't surprise me. There are many comical statements in a lot of ads. I certainly wouldn't buy anything from a seller who posts in their ad that the buyer is liable for shipping damage.
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