Cue Lost by USPS - Should I Refund the Buyer

What should I do?? (private poll)

  • Tell the buyer I will never refund the money because you declined additional insurance?

    Votes: 11 14.3%
  • Refund the buyer now?

    Votes: 10 13.0%
  • Agree to refund the buyer once the package is deemed lost by the USPS?

    Votes: 56 72.7%

  • Total voters
    77
  • Poll closed .

Black-Balled

AzB Silver Member
Silver Member
Not if you ship packages all the time and they rarely get lost. Insurance is a service that makes money. By definition, the insurance companies get far the best of it.
yaaah.

Top category is value of cue, left is likelihood of loss.

Green is no insurance and red is buy insurance. Yeller is whether or not you're feelin lucky, punk.
boston-square.jpg
 

9ball5032

AzB Silver Member
Silver Member
The cost of insurance or the decision to self insure should, in my mind, always be included as part of your pricing or shipping costs ...period. The seller has the obligation to get the product to the buyer.

The fact that you negotiated down is irrelevent unless you transferred some defined responsibility or risk clearly to the buyer as part of the negotiation.

The time to transfer shipping loss risk to the buyer was when they asked for no extra insurance. If you agreed without specifically transferring the risk to the buyer then all you really did was give him a shipping discount.


Succinctly and eloquently stated. :thumbup:
 

7stud

AzB Silver Member
Silver Member
Wait a minute...the buyer gets to demand no insurance so that the buyer's cost is lower, but if the package is lost, then the seller has to eat the loss??? Whaaa??!

The buyer should suffer the loss because the buyer decided not to purchase insurance to protect against the loss. Every right minded person would agree.

Do you people also believe that if you buy a home and you are offered flood insurance, and you decline, and then a flood happens that the seller of the home should send you a check to cover the damage caused by the flood?
 
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ideologist

I don't never exaggerate
Silver Member
Wait a minute...the buyer gets to demand no insurance so that the buyer's cost is lower, but if the package is lost, then the seller has to eat the loss??? Whaaa??!

The buyer should suffer the loss because the buyer decided not to purchase insurance to protect against the loss. Every right minded person would agree.

Do you people also believe that if you buy a home and you are offered flood insurance, and you decline, and then a flood happens that the seller of the home should send you a check to cover the damage caused by the flood?

Sure, once he owns the house, he is liable for the risk.

If you bought an old Sears Roebuck house, shipped by train, and the train derailed, Sears would send you a new house or your money back. It's not your house until you receive it.

Shipping insurance is always on the shipper
 

Biloxi Boy

Man With A Golden Arm
Freedom to contract, with few exceptions, has always been held sacrosanct. Without a writing, the problem is proof. Ya'll know all about flipping coins. The next question is whether Paypal, etc., has some how stepped on freedom of contract -- I really doubt it but I do not know. Even if freedom of contract remains intact, however, we are still faced with the burden of persausion.

1. Find out what Paypal, etc., says about negotiated assignment of risk.
2. If it is permitted, do it, and get it in writing from both sides.
 

u12armresl

One Pocket back cutter
Silver Member
It seems to me anyone who says forgo insurance to save money will be the same person who finds themselves in the position of asking for money back.

You want to buy a cue, you have to have insurance, you don't want insurance, we don't have a deal.

It really isn't that hard. Pool players are cheapo's.

Makes sense when you say it like that. I'm rarely a seller, mainly a buyer. Further to your comments, in my business we manufacture large electrical equipment. Many times we ship ExWorks since a great majority of my clients hire logistics companies to handle their shipments. If not, we include shipping and insurance and add it to the bill at a profit.

I doubt many people buy and sell cues ExWorks but I think it might be a good idea. Then, once the buyer sends UPS to pick up the package, title has transferred and it's no longer the sellers problem.

Sorry for bringing this up again.
 

7stud

AzB Silver Member
Silver Member
Shipping insurance is always on the shipper
Why shouldn't the buyer have the freedom of choice to self insure and get a lower price, or buy insurance and pay a higher price? I think everyone should be able to decide their own risk tolerance.
 
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ideologist

I don't never exaggerate
Silver Member
Why shouldn't the buyer have the freedom of choice to self insure and get a lower price, or buy insurance and pay a higher price? Why do you think that you should be able to dictate a person's risk tolerance?

If the buyer accepts liability, I'm happy to give it to them.

If the buyer doesn't accept liability, all past precedent shows that the shipper is responsible for safe delivery

Cover Your Posterior: pay for insurance if you're shipping a cue
 

Buzzard II

AzB Silver Member
Silver Member
Two threads, four pages so far this time. All it's told me is who to trust buying something from, and who to stay clear of. It's been most informative. Thanks for adding to my do not buy list.
 

Hungarian

C'mon, man!
Silver Member
I'm not sure who you are referring to. I've sold about 3 cues in my entire life.
I'm one of the most honest guys you will ever meet. I'm not a seller, I'm a buyer.
I always pay for insurance when I buy. I made a slip allowing a guy to talk me down and made an assumption that Paypal covered this kind of stuff. I did not think I was taking a risk because I'm the kind of guy that would take the loss if I told someone not to buy insurance . I'm refunding the guy. I'll send you what I really want to say in a private message.

Two threads, four pages so far this time. All it's told me is who to trust buying something from, and who to stay clear of. It's been most informative. Thanks for adding to my do not buy list.
 

johnnysd

AzB Silver Member
Silver Member
In any/every circumstance I've been in with domestic shipping, insurance is NOT the buyers responsibility, it's the shipper's. In my eyes, 100% you should refund this buyer, as he did his obligation in paying you. Your obligation is making sure the cue gets from point A to point B. If you wanted the buyer paying shipping and didn't want to cover the insurance I would have demanded insurance covered, or not sold.

USPS is batting .1000 right now with being late. They've been late delivering my last 3 cues that were overnighted. Hopefully this cue wasn't too expensive, but from experience, don't ship ANYTHING without insurance right now, as it's almost a guarantee to be late at best.

Sent from my Pixel 3 using Tapatalk

I don't necessarily disagree with you philosophically but in general shipped goods transfer ownership when shipped not when received. In old business terms that was called FOB (Freight on Board) Origin now called Ex Works (city name) to be more specific. So legally the OP has no obligation to refund the customer at all. Is it the right thing to do? Maybe. But if you are going to refund if something goes wrong than it is also the sellers responsibility to properly insure.
 

johnnysd

AzB Silver Member
Silver Member
I would like to add that personally I would refund but would not refund until the USPS officially designated it lost. My guess is that it does show up at some point.
 

Hungarian

C'mon, man!
Silver Member
Thank you for most of the comments. I have decided to refund the money. Learned a very valuable lesson. Thank you for all the input and time. I apologize for running this up the flag pole in a poll but I was truly unsure. But it's helped me to see the general consensus. Because, again, I just want to do the right thing. On the flip side, there's no need for disparaging comments.
 

7stud

AzB Silver Member
Silver Member
Cover Your Posterior: pay for insurance if you're shipping a cue
The seller did cover his posterior, he received payment before shipping. The seller is under no moral or legal obligation to return the buyers money--because the buyer asked the seller not to insure the shipment.
 
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Hungarian

C'mon, man!
Silver Member
Thank you for the unwavering support. But I didn't get it in writing, it was all over the phone. I'm more of a handshake guy.
My word is strong as oak.

The seller did cover his posterior, he received payment before shipping. The seller is under no moral or legal obligation to return the buyers money--when the buyer declined to pay for insurance.
 

SBC

AzB Silver Member
Silver Member
If you didn't buy insurance... That's on you. You personally gaurantee delivery when you make the sale.
 

SBC

AzB Silver Member
Silver Member
If the buyer accepts liability, I'm happy to give it to them.

If the buyer doesn't accept liability, all past precedent shows that the shipper is responsible for safe delivery

Cover Your Posterior: pay for insurance if you're shipping a cue

If you can't prove delivery...you are going to lose come chargeback time.
 

TATE

AzB Gold Mensch
Silver Member
Thank you for most of the comments. I have decided to refund the money. Learned a very valuable lesson. Thank you for all the input and time. I apologize for running this up the flag pole in a poll but I was truly unsure. But it's helped me to see the general consensus. Because, again, I just want to do the right thing. On the flip side, there's no need for disparaging comments.

Yep, good move. Hopefully you can work with the post office and have a happy ending. Best of luck with this.
 

TATE

AzB Gold Mensch
Silver Member
If the buyer accepts liability, I'm happy to give it to them.

If the buyer doesn't accept liability, all past precedent shows that the shipper is responsible for safe delivery

Cover Your Posterior: pay for insurance if you're shipping a cue

What I do is just estimate an amount for shipping. Even if it's going to cost $30 I'll advertise a reasonable $20 and just pay whatever it costs to get it there. USPS is usually the most reasonable for the speed, but they also have the crappiest tracking system and worst to work with if there's a glitch. If the cue's expensive and I want it to get there in one piece, nearly guaranteed, I'll use FedEx 2 day and just pay up for it.

I've never understood why the custom is only the buyer or only the seller pays the shipping. Seems to me it should be split and that would be less financial burden on either. I've had some cues cost $50 - $60 shipping. For most cues $600 and up I would gladly upgrade to FedEx 2 day if the cost was split. That could be $40 - $60 shipping these days depending on how far and how much insurance.
 
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gunzby

My light saber is LD
Silver Member
The sale was made and delivery of the cue is guaranteed by the seller. If the buyer didn't want insurance you should have either refused to sell, or documented the buyer accepting liability.

Few years ago I was selling a TS which had ivory in it. I got an offer from someone in China and I immediately refused the sale because I didn't feel comfortable guaranteeing delivery of the cue.
 
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