Shipping - Who's Resposible for Receipt of Item?

The shipper is responsible for making sure the package arrives as stated. Which means opened and inspected and tested to make sure it works as stated in the ad. Once the buyer accepts the product is as stated in the ad, then the sellers responsibility ends.

I'm currently going through the same process, as the receipient. The UPS tracking number showed the package had been delivered, but I have no package. So I called UPS to make sure they had the correct address, they did. Obviously something was wrong. I contacted the shipper and he started a trace investigation, which will take a week to 10 days. At this point the package will either be found, or the shipper's insurance money will be refunded.

If this was a personal sale, I would wait the 7-10 days just in case the package was found. After that, I would expect my money back and let the shipper and UPS figure it out what went wrong. As in my case, it is from a manufacturer, I don't expect my money back, but another of the same item.

John

Ironically, the first responder in this thread nailed your particular situation.

Tvad

Yes, that's true I suppose. Is there a limit to how many neighbors I have to check with? It wasn't a neighbor on either side of me or across the street. I suppose I could eventually have still found it on her front porch, since it sat there for over a week because she doesn't live there anymore.

You are right about signatures though, they tend to make these situations even more improbable, if not impossible.

I'm just happy I got my box back. :)

Actually, according to AudiogoN policy (I know, who cares?), it is still the shipper's responsibility until the buyer accepts the item is as described in the ad.
What's the difference between the shipper's liability if the package is lost or damaged in shipping?

The buyer is supposed to be able to open the box, inspect the item and try it out to make sure it works as stated in the ad. When he accepts it, then the shippers liabilty ends.

I agree with Tvad that signature service should be required. That at least would help track the package after delivery. It's not a perfect system though, as I've known my mailman to sign for my USPS packages.

Maybe the reason I defend the buyer is because this just happened to me for the first time. I've been involved in shipping damage issues before, who hasn't? I've never been part of a missing package before though.

The shipper sent it via UPS Ground. Sent me a tracking number. The tracking number says the package was delivered last Friday. I asked my wife and children, no one has seen this package. There was no signature required, so it was just dropped off. Who knows what happened? Was it stolen off my front porch? Did the driver drop it off at the wrong house? Who knows? All I know is my $2500 item is missing. Is the shipper's responsibility over? How do I know what was in the box? It could be a new scam for all I know, sending out phantom tracking numbers.

Look at it from the buyer's point of view.
The seller can recoup the insurance, the buyer cannot.
The seller could have the buyer's money and the insurance money. The buyer is at the seller's mercy.
Who's got the best chance of being screwed here?

I'll get off my soapbox now. Goodnight Gracie.

John

Grant,

Yeah, that's a load off my mind.

FWIW, I just got off the phone with a UPS shipping agent and her manager. They both assured me that if the shipment is lost or damaged the insurance will be paid with proof of content value. This information would seem to contradict what you had previously stated, regarding no insurance payment for lost items.

Cheers,
John

Tvad, alright, how about this? In my situation the shipper and receiver did not agree on shipping terms before hand. I e-mailed the sender and asked him to send a tracking number when he shipped. He sent me a tracking number. When I checked out the tracking number, I was shocked to see that the package had already been delivered. I never told him to ship with no signature required. I never told him to ship UPS. There were no shipping discussions before hand.

How can the shipping companies obligation be fulfilled? How do I know the idiot driver even left it at the right address. Sure, it could be theft, but it could be a mistake by the driver too. The shipping company has to have some liability.

While I agree that AudiogoN's polocies are a paper tiger, they will not help you re-coup lost money, they can cancel a member's membership. I've seen this done firsthand. Sure, you can come back under another e-mail address and moniker, but the moniker you have is dead.

BTW, I know a member who just purchased a expensive preamp and the box was all oily when he opened it. The oil caps had leaked. The seller claims no liability in this case too. No refund, no repair charge. Nice, huh? So it's a seller's market now I guess.

Let the buyer beware.

John

03-23-07: Tvad
It's a question of due diligence on the part of both parties.

I still think the shipping company has some liability.
Should one of the two parties get screwed if the shipping company delivers to the wrong house/apt? I can see how the shipping company wouldn't want liability in case of theft, but I think the shipping company should have to prove that they delivered to the correct address. They may have the correct address on record, but who here hasn't received their neighbor's mail? Obviously, occasionally, the delivery person makes a mistake. Shouldn't the shipping company be held liable for the mistakes of their employees?

Well the mystery has been solved. The box was delivered to the wrong address. My neighbor gave the box to my son last night. It took so long because my neighbor is moving and doesn't live at this address much anymore. FWIW, the box was labeled with the correct address 2432 XXXX. It was delivered to 2425 XXXX. These are all single homes, and do not look alike at all. Not apartments, condominuims, or even a development. So UPS screwed up big time, it still pisses me off that they have no accountability for the actions of their employees.

But, in this case anyway, all's well that ends well.

John