Shipper is responsible for insurance:Discussion


Over on AA in the vinyl section, we had a lively discussion of who is responsible for insurance, and why. My (RANT) take on this,(backed up by the laws about this) is that the shipper is soley responsible.
The buyer has a right to expect the goods delivered exactly as advertised, or, he has a right to reject them. If the goods are broken in shipment, the SELLER must be the claimant, as HE paid for the insurance, and did the packing.
Why so many sellers try to weasle out of responsibility is curious to me. Laziness? Because they can get away with it?
My stance is that (even if the seller includes the cost of the insurance in the selling/shipping/handling cost) the shipper is soley responsible for the goods arriving in the condition claimed in the advertisement.
Many folks feel that by issuing a disclaimer as seller, they are no longer responsible. I say they ARE STILL RESPONSIBLE, and should act accordingly.
No more "it ins't my (seller's) fault blah blah blah, it IS the sellers responsibility!!! and if the stuff is trashed, it belongs to the seller, and a refund is promptly due the buyer, as the seller failed to deliver what he promised.
If this issue could be clarified, I think it would benefit all the buyers and sellers.
Any comments?
elizabeth

Showing 1 response by mwilson

Sean, how sure are you that UPS would agree that everything they ship insured is their liability for accepting it insured as such? I see too much optimism in that belief or intimation... I've got a $6k case at my employer that speaks volumes otherwise, and it is only a marginal shipper negligence case. Still, I don't think you're making that case so much as having had a reassuring bit of luck in working with them -- not all of us are as lucky to have such claims workers in our area.

I remain skeptical of all shippers, and when the seller is negligent, I find that to be the hardest of situations for the buyer. It's almost like being mugged - the seller and the shipper both can act like they're not on the hook, and your costs to prove either wrong are too high to pursue. Triumph of the system --- and the UPS / FedEx game plays the curve, with their risk pool paying out only the worst and most highly litigated of their mistakes. Buyer/receiver loses.

I suggest to ALL audiogon'ers to DEMAND of their shipper to double-box shipments that such service is appropriate for (anything at all heavy, or already in manufacturer packaging that weighs anything over a couple pounds). Unfortunatley, alot of sellers will pay you lip-service -- but make it clear to everyone that you are expecting xx of service as described, or paying extra for xxy, and that's how it is. And when selling, get ready to accommodate the same.

Do your best unto people, hope for the best unto you. In an ideal world, expect their best as well.

Mike