Shipping - Who's Resposible for Receipt of Item?

I started a thread like this a long time ago, and my ultimate conclusion was that unless otherwise agreed to, the risk of loss in shipping was with the seller. Anytime I sell anything, if the buyer isn't paying for shipping with signature service and insurance, I make very clear that they bear the risk of loss/damage in shipping.

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?