Getting my ducks in a row....

Status
Not open for further replies.
Feedback: +86 / =0 / -0
Joined
Jan 6, 2014
Messages
439
I hate having to post this but I'm just hoping that this ends well.

I started this thread last Thursday: http://www.bladeforums.com/forums/s...e-KnifeArt-Exclusive?highlight=sng+dgg+arctic

The buyer contacted me and we ended up speaking over the phone regarding him trading me a Boker Turbine plus cash in exchange for the knife listed for sale above. This was the evening of Wednesday 12/2. We agreed on a dollar amount and we agreed to both ship our knives on Thursday the 3rd. He paid the difference to me that evening via PayPal F&F (I did not request F&F, he just chose to do it that way for whatever reason). Upon receipt of funds, I immediately updated the thread to sold. Both our knives were sent out on Thursday to each other and both were shipped via USPS First Class mail with Signature Confirmation. Neither he nor I requested insurance for the goods being shipped (stay tuned). The "estimated delivery date" of both knives was Monday the 7th. Here's the knife I sent all packaged up (the knife is in a baggie and it's wrapped and sealed in a tyvek envelope inside the bubble mailer) before tendering it to USPS.

7kuGbMh.jpg


And here's the USPS acceptance receipt showing that I dropped it off.

ZAUqvpn.jpg


https://tools.usps.com/go/TrackConfirmAction_input?qtc_tLabels1=9402109699938000222755

The tracking for the knife I sent shows no activity since the 3rd. The knife he sent me arrived on Monday as expected.

I know that there's still a very good chance the knife I sent him will eventually arrive. BUT.....IF the package I sent just never appears again anywhere, what am I to do? Should I be expected to give a refund of his money and knife? Obviously, I'm reluctant to make the loss entirely mine. As I see it once an item is passed off into the hands of USPS, I longer have any control or influence as to what happens to the package. I've always looked at buying or selling on the exchange as a gamble that both buyer and seller have to take in order to play the knife swapping game. Yes, there's insurance that can be purchased to provide compensation, however this costs money which adds to the cost of the transaction at either the expense of the buyer or seller. Nothing in life is free! And neither of us felt insurance was worth buying when the deal was being made. I'm obviously not here to send my valuable knives into oblivion. But if neither of us put any safeguards into place, who is really to blame? To be clear: I'm not at all saying the buyer should entirely take the loss either.

If the package doesn't turn up after a reasonable timeframe, say 15 days after shipment, I intend to offer to send him back his knife plus cash, to total a value equal to 50% of the value of the knife lost. So essentially, we would split the loss 50/50.

So for example using round (hypothetical, not actual) numbers, if the knife I sent was valued at $400 and his knife was valued at $120, he sent me his knife plus $280 to total $400 ($120+$280=$400).

Would the majority of you guys think that's reasonable? To send him back his knife plus--based on the example above--$80? Yes, he'd be out $200 cash (net). And I'd have received $200 for a $400 knife, so I'd be out too. Does that make sense and sound fair?

Alternatively I'd also be willing to just keep his knife and send him $200 if he'd rather have the cash than his knife back.

My reputation here is very important to me, and at the same time $400 is a lot of money to me. I'm not a merchant who can simply write off a loss as an expense of doing business. I'm just an average knife enthusiast like most of you guys. Reply posts such as "It's the seller's responsibility to make sure the item gets to the buyer" are of no help to me. As I've shown above, I did everything correctly and in good faith. I truly want to be fair, hence this post.

Hopefully the knife just arrives! He and I both have our fingers crossed...
 
If you didn't insure your package for the full value, then it is your loss. It's not his fault at all. Insurance for 400.00 is pretty cheap. I know it sounds ugly, but if his package didn't show and he didn't insure it, it would be the same way. You're just rolling the dice when shipping expensive items without insurance. Look at the bright side though, if you shipped it priority you get 50 bucks worth of free insurance. I normally don't post in feedback, but I took a 300 dollar hit that I took full responsibility for in the exact same circumstances a few years back. Needless to say, everything is insured for full value now. I really hope everything works out and the knife shows up at its destination very soon.
 
Even if the package were insured the USPS would not honor it as there is no receipt for this transaction, therefore no insurance claim would be paid. When you trade, you are basically SOL.

Edit: Keep in mind it was sent via First Class and there is no guarantee on delivery time, especially during the holiday season. Even Priority is NOT guaranteed 2-3 days, it's just an estimate. Call the postal service 800 number and put a trace on it, I'm sure it will show up.
 
Last edited:
You might try calling the Locka post office, see if they can get it moving again.
 
Yes, if the package doesn't arrive its your loss.

That said, its a bit early to write it off. Given the time of year, its not unreasonable to think its still en route.
 
If you didn't insure your package for the full value, then it is your loss.

You say this based on what? Some law? This transaction was based on a verbal agreement and nothing was in writing. How can it be assumed by default that it is the seller's responsibility/obligation to purchase insurance? The buyer had just as much an opportunity to purchase it.
 
Hopefully it will still get there. There is a thread on another forum about slow delivery and being stuck in Opa Locka in particular.
 
Give it time. It will show...

Edited to Add: Just saw that you used an envelope to ship it in:

7kuGbMh.jpg


Why on earth did you do that and not use a free USPS box???

So maybe not on the outcome...
 
Last edited:
You say this based on what? Some law? This transaction was based on a verbal agreement and nothing was in writing. How can it be assumed by default that it is the seller's responsibility/obligation to purchase insurance? The buyer had just as much an opportunity to purchase it.

Insurance covers the shipper only, the receiver can not make a claim for loss regardless of whether they had the shipper get insurance or not.

Contact the Post office you shipped from and ask for help.
 
You say this based on what? Some law? This transaction was based on a verbal agreement and nothing was in writing. How can it be assumed by default that it is the seller's responsibility/obligation to purchase insurance? The buyer had just as much an opportunity to purchase it.

If I sell you a knife and it doesn't arrive, and I didn't insure it, Will you split the loss with me? Would it be partially your fault for not paying for the insurance on the package I shipped? See where this is going? I did not say by any means that a seller HAD to purchase insurance. If they don't care if it gets lost and they have to eat it, they can ship without insurance all day long. I dont know ANY laws regarding USPS, not in the least.....but I have seen posts by many respected and knowledgeable members saying " the seller is responsible for the package until it arrives." I would be willing to bet there is something to this.

And I still think the knife will show. USPS does a dang good job!!!!
 
You say this based on what? Some law? This transaction was based on a verbal agreement and nothing was in writing. How can it be assumed by default that it is the seller's responsibility/obligation to purchase insurance? The buyer had just as much an opportunity to purchase it.

This does not sound like someone interested in their reputation.

If it is your reputation at stake, I would take the loss like a man and then make sure to always purchase insurance in the future (which I ALWAYS do) -

Good luck - I am voting and hoping that your package will turn up and you will be all good.

best

mqqn
 
If I sell you a knife and it doesn't arrive, and I didn't insure it, Will you split the loss with me? Would it be partially your fault for not paying for the insurance on the package I shipped?

If you had done everything correct on your end and documented it as I did....then YES, and YES actually.
 
You say this based on what? Some law? This transaction was based on a verbal agreement and nothing was in writing. How can it be assumed by default that it is the seller's responsibility/obligation to purchase insurance? The buyer had just as much an opportunity to purchase it.

This is basic 101 stuff. Insurance is to protect the person shipping or the seller not the person receiving or the buyer. You should not have accepted paypal F&F. You say your reputation is very important to you. It does not appear that way. Mistakes were made. Do the right thing. Learn.

That said, it is early in the game to even be making this thread.
 
Good on you then. Looks like other members have already confirmed what I thought. Best wishes.
 
If I sell you a knife and it doesn't arrive, and I didn't insure it, Will you split the loss with me? Would it be partially your fault for not paying for the insurance on the package I shipped? See where this is going? I did not say by any means that a seller HAD to purchase insurance. If they don't care if it gets lost and they have to eat it, they can ship without insurance all day long. I dont know ANY laws regarding USPS, not in the least.....but I have seen posts by many respected and knowledgeable members saying " the seller is responsible for the package until it arrives." I would be willing to bet there is something to this.

And I still think the knife will show. USPS does a dang good job!!!!


I've had more than one trade with spinny, and I have no doubt that he would split the difference if the tables were turned.
 
You say this based on what? Some law? This transaction was based on a verbal agreement and nothing was in writing. How can it be assumed by default that it is the seller's responsibility/obligation to purchase insurance? The buyer had just as much an opportunity to purchase it.

Yes. Some law. The Uniform Commercial Code as enacted in all fifty states places the burden of loss of the shipper until delivery at the agreed address UNLESS the parties expressly agreed otherwise in the contract of sale. Contracts do not have do be in writing for sales of goods such as those involved here. Legislative history indicates that this allocation of risk was due to: 1) the shipper's control over selecting the method of delivery; 2) the shipper's control over packaging; and 3) the shipper's ability to easily get insurance against loss.

As craytab says, 101 stuff.

USPS says a package to me was delivered today, It was not. Fifth time that has happened in the last six months. They all showed up eventually.
 
Why does everyone keep talking about insurance? This was a trade for the most part, and the USPS would NOT honor the insurance claim.
 
I've had more than one trade with spinny, and I have no doubt that he would split the difference if the tables were turned.

Nice gesture but not the norm and certainly not what is usually done. Don't take or pay with F&F and insure you package if you are not prepared to lose it. Basics.

Yes. Some law. The Uniform Commercial Code as enacted in all fifty states places the burden of loss of the shipper until delivery at the agreed address UNLESS the parties expressly agreed otherwise in the contract of sale. Contracts do not have do be in writing for sales of goods such as those involved here. Legislative history indicates that this allocation of risk was due to: 1) the shipper's control over selecting the method of delivery; 2) the shipper's control over packaging; and 3) the shipper's ability to easily get insurance against loss.

As craytab says, 101 stuff.

USPS says a package to me was delivered today, It was not. Fifth time that has happened in the last six months. They all showed up eventually.

:thumbup:
 
Why does everyone keep talking about insurance? This was a trade for the most part, and the USPS would NOT honor the insurance claim.

You are not insuring a transaction, you are insuring the value of an item that was placed in the care of the shipper against loss.

Not sure where the confusion is...

best

mqqn
 
You are not insuring a transaction, you are insuring the value of an item that was placed in the care of the shipper against loss.

Not sure where the confusion is...

best

mqqn

I know first hand, how about that. You go ahead and make a trade, have it get lost then try to collect the insurance. Good luck to you.
 
Status
Not open for further replies.
Back
Top