Who is responsible --- for items not received

Just a question:

Buyer agrees to buy item from AZ seller. Not expensive item. Let's say $100.00 or so.

Seller ships item to buyer, using least expensive shipping, because of low cost of item sold.

Buyer does not receive item.

Seller has not requested premium shipping, insurance, or item tracking, due to minimal value of item transacted.

Buyer never receives item. Seller swears that item has been shipped.

Who is responsible to do what?

BTW: both buyer and seller have STELLAR iTrade ratings, so we will assume that both are telling the truth. i.e.; Buyer has really NOT received the item and Seller has really shipped the item as described.


Ya, Ya, Ya ..... I know: Nothing is listed for sale in this thread!
 

nick serdula

AzB Gold Member
Gold Member
Silver Member
The seller is always responsable unless:

The buyer insist on no shipping insurance.
Nick :)
 

SK Custom Cues

AzB Silver Member
Silver Member
I am going though an ordeal right now with Bell Forest Products. I ordered some wood last week and I paid it through paypal. On my paypal, I have a PO Box. I saw that they use UPS and wondered about that, but UPS will deliver to POB.

Via tracking I saw that the package was delivered, but to the next town over. I called them, and they mentioned how UPS called USPS and tried to get a street address from them. They got an address, but apparently it was the wrong address. The driver dropped my package off at the wrong place and is currently trying to reclaim my package and bring it to my house.

The guys at Bell Forest have been more than courteous and helpful and understand I am a repeat customer, so they will try and make sure I get what I ordered. I feel that no matter what, both sides should cooperate and take responsibility in making sure the deal is followed through as agreed.

The problem most times, is lack of communication and leaving things 'up to chance'. If you are clear about your sale up front and they buyer is clear about the conditions, there will be no problems. The problems come from hastiness and wrong assumptions.
 

GBCues

Damn, still .002 TIR!
Gold Member
Silver Member
I think all of the delivery services require that the shipper, not the receiver file damage claims or not-delivered claims, don't they?

The point being that the delivery service won't do anything about a receiver complaint, I think.

But I was wrong once before.
 

ABall

Right behind you...
Silver Member
The seller is responsible. The seller should always get tracking and insurance to cover lost/damaged/stolen packages. Let me just ask you this, how could the buyer be responsible for the package if he never receives it in the first place?
 

FAST_N_LOOSE

<--THE AMAZING JESSE JANE
Silver Member
SEVERAL FACTORS NEED TO BE TAKEN INTO ACCOUNT:

WAS THE ITEM ADVERTISED WITH OPTIONAL INSURANCE THAT THE BUYER PASSED ON?

IS IT STATED IN THE LISTING THAT IT WAS BEING SENT UNINSURED, UNLESS FASTER SHIPPING/INSURANCE WAS PURCHASED.

Marcus
 

1pRoscoe

AzB Silver Member
Silver Member
SEVERAL FACTORS NEED TO BE TAKEN INTO ACCOUNT:

WAS THE ITEM ADVERTISED WITH OPTIONAL INSURANCE THAT THE BUYER PASSED ON?

IS IT STATED IN THE LISTING THAT IT WAS BEING SENT UNINSURED, UNLESS FASTER SHIPPING/INSURANCE WAS PURCHASED.

Marcus

Which is why I only ship USPS with tracking and (if warranted) signature confirmation.

The extra $1 is not worth the headache..
 

FAST_N_LOOSE

<--THE AMAZING JESSE JANE
Silver Member
Which is why I only ship USPS with tracking and (if warranted) signature confirmation.

The extra $1 is not worth the headache..

I GET THAT POINT, BUT THERE ARE TIMES WHERE I SELL SMALL ITEMS, VERY CHEAP, JUST TO HELP OUT THE AZ COMMUNITY. LIKE THE WIZARD TIPS I SOLD, I SOLD AT BASICLY COST, AND GAVE THE OPTION TO THE BUYERS TO ADD THEIR OWN PROTECTION. IF THEY CHOSE NOT TO, I CAN'T BE HELD RESPONSIBLE. PEOPLE NEED TO REMEMBER THAT WE ARE RESPONSIBLE FOR THE CHOICES WE MAKE IN LIFE, EVEN THE LITTLE ONES LIKE TRYING TO SAVE A FEW BUCKS ON SHIPPING.

Marcus
 

CueCaps

AzB Silver Member
Silver Member
Offer it..

I charge for Shipping AND Insurance for all my caps. That's the policy of Cue Caps..
If the client tells me they don't want Insurance, then, I deduct it and
my e-mail requesting to cancel that insurance coverage is my record for no liability/responsibility for non-receipt of /or damage of cue caps..
When I order stuff and it's valueble/ expensive/fragile, I ask for insurance..
I don't use the Delivery Comformation because it's usually what happens in between that 'causes
the trouble. I'd rather put that money to Insurance coverage..
That will cover everything. Even if the guy did receive it and is lying, I will get the money back as lost goods. Buyer would have to fill out the Insurance claim also, so, let him make the statement and sign that he didn't receive it. Now, it's more documented and action will be required.. Either get money back or the guy gets procuted for Fraud? Against the US Postal Service.
CYA..Shit happens..
Alton
Hey Marcus, where's the girls???
Oh yea, they disappear when I go online..
Just like everywhere I show-up, they disappear, or, more like "Run-away"??
 
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rburgoyne

AzB Silver Member
Silver Member
Seller is responsible...

If you think of each transaction as a trade, a buyer is trading his money for your merchandise. The buyer sends the seller payment first so the seller has gotten his half in the deal. Now its the sellers turn to deliver the merchandise to the buyer. If the buyer never receives his half of the deal, why should the buyer be SOL when he did his part? It should be that simple.

As far as offering, asking for and declining insurance, just offer it up front as part of the price, and tell the seller its mandatory if they ask to have it removed. This way there is never any doubt and any high dollar items are covered if they are lost.
 
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CueCaps

AzB Silver Member
Silver Member
As far as offering, asking for and declining insurance, just offer it up front as part of the price, and tell the seller its mandatory if they ask to have it removed. This way there is never any doubt and any high dollar items are covered if they are lost.

You mean Buyer? not seller??:smile:
I don't know if you can call it a trade, 'cause get other guys/factors involved (The carrier, station workers, etc)..
 

skor

missing shots since 1995
Silver Member
As an "international buyer" my input on this is that the buyer should either ask for the safest shipment, insured and traceable, whether it's UPS, FEDEX or USPS. The buyer should pay for that shipment unless the seller is willing to cover for it as part of the deal.
I can tell you that on most of my buys I ask to use priority mail, not insured and sometimes I even ask to declare it with a low value to save on taxes. In such cases I (the buyer) take full responsibility for any mishaps, I wanted to save money = my problem!

cheap items are tricky.... because sometimes the shipment cost can be more than the item cost.... in these cases I either pass on the deal or add it to a multi-item deal/shipment. This way shipment costs split on all items.

When you buy from a reputable business it's easier to handle mishaps but when dealing with private people as reputable as they are, take extra care (and pay for it) or take your chance.

Just my 0.02
 

Bamacues

AzB Gold Member
Gold Member
Silver Member
I always ship insured with tracking, but that does not always help. Through the post office, you can only insure value up to $500 if you use their on-line shipping software. In most cases, that is good, but it did not help me when the Barnhart cue I shipped to Tommie1351 was destroyed in shipping. I made the purchase good with Tommie, but I lost a lot on the transaction.

A sideline question is what liability does the shipper incur to foreign purchasers who ask for a low customs declaration on value to avoid taxes. You can't put $2000 insurance, etc on an item that you claim had a value of $50.

Joe
 

hangemhigh

Known Sinner
Silver Member
I always ship insured with tracking, but that does not always help. Through the post office, you can only insure value up to $500 if you use their on-line shipping software. In most cases, that is good, but it did not help me when the Barnhart cue I shipped to Tommie1351 was destroyed in shipping. I made the purchase good with Tommie, but I lost a lot on the transaction.

A sideline question is what liability does the shipper incur to foreign purchasers who ask for a low customs declaration on value to avoid taxes. You can't put $2000 insurance, etc on an item that you claim had a value of $50.

Joe

I love the click and ship option from USPS. The only problem is the 22 digit delivery confirmation number, their web site won't accept it for updates. The $500 limit on-line is another stumbling block, and I just wait in line for the correct amount of insurance with a more expensive item.
 

Buster8001

Did you say shrubberies?
Silver Member
Just a question:

Buyer agrees to buy item from AZ seller. Not expensive item. Let's say $100.00 or so.

Seller ships item to buyer, using least expensive shipping, because of low cost of item sold.

Buyer does not receive item.

Seller has not requested premium shipping, insurance, or item tracking, due to minimal value of item transacted.

Buyer never receives item. Seller swears that item has been shipped.

Who is responsible to do what?

BTW: both buyer and seller have STELLAR iTrade ratings, so we will assume that both are telling the truth. i.e.; Buyer has really NOT received the item and Seller has really shipped the item as described.


Ya, Ya, Ya ..... I know: Nothing is listed for sale in this thread!


I always................wohh...who is that in your avatar...........sorry what was the question?.


Oh yeah..unless the terms regarding insurance/tracking are clearly stated, then the seller is at fault. But then again, the buyer is free to request insurance/tracking as well.

Josh
 

FAST_N_LOOSE

<--THE AMAZING JESSE JANE
Silver Member
A sideline question is what liability does the shipper incur to foreign purchasers who ask for a low customs declaration on value to avoid taxes. You can't put $2000 insurance, etc on an item that you claim had a value of $50.

Joe

IN THAT SITUATION, IT IS WITHOUT A DOUBT ON THE BUYER.

Marcus
 
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