what is the proper protocol


should a parcel get lost and buyer wants his money back.. should seller pay him immediately or wait until seller gets money from the shipping company ?
what has been your experience in this situation?
thanks
umaasa
Bdgregory,

You missed the first part of my response ("unless otherwise agreed to"). I guarantee that if you litigate the matter, a majority of courts will conclude that the buyer bears the risk.

NT
Bdgregory,

The contract between seller and common carrier and the contract between seller and buyer are two different contracts.

Just because the seller agrees with the carrier that he bears risk of loss as it relates to their contract, he does not necessarily agree that he bears risk of loss in the contract with the buyer.
Viridian

May be you should read the FAQ more carefully before you comment. There is a big difference between "should" and "must". "Should" is aspirational but not required, "must" is required.

Audiogon "customary practice" won't help anyone in a dispute. You must look to the laws of the state. And in almost all states, the buyer bears the risk of loss unless agreed to otherwise.
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