Seller is responsible to get item to you, intact. yes? or no?


Is the seller responsible for packing and shipping? or not? Should the seller insist on a safe form of shipping? (and if the seller does insist, can he make the buyer pay for air, or 2-day?) or can the buyer say ship cheap (even though the seller eats the shipping fail?) ((And DOES the buyer eat the broken equipment cost?))                  
Who should be worried about insurance... the buyer? or the seller? Since it it is lost or broken, the buyer can get his/her money back. (usually)  
My 'take' is that the person AT RISK for loss is the SELLER. And the SELLER should certainly be needing the insurance. (Notice the seller is the person who has to collect insurance, NOT the buyer)... So IMO the Seller should be including the cost of insurance IN THE ASKING PRICE. Since the seller is the one 'needing' the insurance.                   
The other side is why should the buyer PAY for insurance when the seller is the one being protected by insurance?            
I have asked this before long ago, and the main answer seems to be FURY on the part of (mainly) sellers claiming they have no part in any shipping fail, that they say it is 100% on the buyer. (to which I just laugh)Where I would say the shipping packing, and burden of surety is 100% on the seller/person shipping.So what's your thoughts on it today...(like I said, I asked this years ago, and got a LOT of flack for even claiming the seller is the bad guy, and is responsible 100% of the time for the insurance and proper packing and insurance against loss.) So I thought it was a pertinent question. and wonder what all you folks think, today?

elizabeth

Showing 1 response by 77jovian

Like all matters in a contract, the parties can agree to anything they want regarding shipping.  So a clear understanding is the most important first step.  Failure to talk about the details beforehand is sure to lead to problems down the road.  Don't rely on what you might read here about who ought to be responsible...make a specific agreement.

While the parties can agree to what they want regarding shipping, the seller is the only party who can document the shipping process.  And documentation is fundamental for any unanticipated problems.  So, when I ship, I carefully photograph the item in good light on all sides and angles.  If it's electronic, I photograph it plugged in and turned on to show working lights, etc.  I also take pictures of all accessories, like remotes, cables, covers.  Then I take pictures at every step of wrapping and packing.  When the shipping cartons have been sealed, I take pictures of the cartons from all conceivable angles, including all corners, seams and address labels.

Similarly, the buyer is the party who can document delivery condition.

Good idea to discuss those expectations in reaching an agreement, too.