Who's responsibility is it?

[tonyboy59]

Never had an issue with USPS as far as shipping is concerned. I pack it appropriately and it gets there safe and sound. You want insurance above what they give you? The "buyer" pays extra for the insurance not the person shipping the package. So, spend the extra money and purchase the insurance if need be or for peace of mind.

 

[iusedtoberich]

Almost every time there has been a thread about collecting insurance with a missing package, it’s been like pulling teeth from the shipping companies. Insurance is a scam imo. I wouldn’t use it unless the other party wanted it, IMO.

 

[KRJ]

Never had an issue with USPS as far as shipping is concerned. I pack it appropriately and it gets there safe and sound. You want insurance above what they give you? The "buyer" pays extra for the insurance not the person shipping the package. So, spend the extra money and purchase the insurance if need be or for peace of mind.

I agree, I send everything through USPS. It's cheaper and easier as well. Heck, they even supply the boxes and envelopes for Priority shipping . Nice touch. I just take a crap load home with me once a week, no need to buy boxes, very nice.

All chalk is sent through USPS, and it comes auto with tracking number, so it's convenient and easy. Not one mishap in over 2 years... and if there was because someone moved and didn't tell me, or had wrong address on Paypal, but no complaints thus far.

 

[Poolplaya9]

I have a not so hypothetical question for the forum..

Someone mails something that belongs to you and they don't insure it.

If it gets damaged or lost, who is responsible for paying damages or compensation for item?

Let's just say the item was worth $500-800.

I believe I am owed the value of the item from the sender because they didn't insure it properly.

The return of an item being repaired is different than the delivery of an item being purchased. Morally I might lean towards it being his responsibility to get the item back to you. Having a policy where you pay for the return of items that are sent to you for repair can be seen as that person morally accepting the obligation for the safe return of the item, otherwise they would have specified in their policy that the person seeking repairs is responsible for the shipping of the item both ways. If no such policy exists it is easy to see it as the person performing repairs is accepting the cost and the obligation for the return of the repaired item as part of their guarantee policy in cases where the repair is free, or the cost and obligation for the return of the repaired item was built into the repair price in cases where there is a repair charge. In a case such as this where through extenuating circumstances a repair may not have even ever been made (you didn't say if it ultimately was not not) and where through the repair person's negligence they lost your item for an extended period of time and caused you some inconvenience and distress, then there is an even better argument to be made that morally they should accept full responsibility for the safe return of your item to you.

Legally things are even more convoluted. Depending on the state the law very well may essentially say that the person having the item repaired is responsible for their item both ways if it were to get lost or damaged, and that it is up to the owner of the item to provide shipping insurance if they want protection during shipping. This can be superseded by the repair person's policies in some cases depending on what those policies are, and it can be superseded by certain statements or agreements that were made between the two of you prior to the item being shipped back to you, and it can be negated by the actions of the repair person if they prevented you from being able to provide insurance, etc.

Things are even murkier in this particular case because there could be an argument to be made that because the item was lost for an extended period of time and that no repairs were ever even made (if this was the case) that at some point this shifted from being a repair scenario into another type of scenario that is no longer covered by the laws governing items sent for repair and in which case the repair person and the person doing the actual shipping could be the responsible party. There could also be an argument to be made that the repair person legally accepted full responsibility for the safe return of the item to you by nature of their refusal to accept your offer to pay for the return shipping as you said happened in post #1 in the thread below (whether you ever requested or mentioned your preference for or intention to use insurance or not could also potentially be a factor).
http://forums.azbilliards.com/showthread.php?t=458755
In my opinion things are not legally real clear cut in this particular case and if this case were to go to small claims court it may be a coin flip how the judge is going to rule and it would not be surprising if it varied by judge or by day.

 

[Brookeland Bill]

I have a not so hypothetical question for the forum..

Someone mails something that belongs to you and they don't insure it.

If it gets damaged or lost, who is responsible for paying damages or compensation for item?

Let's just say the item was worth $500-800.

I believe I am owed the value of the item from the sender because they didn't insure it properly.

It possibly falls under the law of bailments. Send me a private email with your phone number. I’ve practiced law for over 40 years. I need more information. Possibly the shipper and or the carrier are responsible.

 

[Black-Balled]

Adam isn't going to take the man to court, I am sure.

Just another 'wtf' chapter to this story.

When it rains, it pours.

 

[jimmyco]

The ol' thread drift:

USPS v. UPS v. FedEx

I won't buy anything, no matter the screaming deal, unless it goes USPS. Of course, I have a life and cannot babysit my stoop waiting on Big Brown all day. FedEx ground, not on ur life. Private contractors scraping by, no way, Jose.

Of course, YMMV