Where does a shipper's responsibility begin and end?

Triton said:
If you shipped USPS with delivery confirmation then they have the signature on file. You can get a copy. When you have the copy, inform the buyer that you have a delivery confirmation receipt with his signature on it. At that point your responsibility is over.

I also agree that no delivery service will pay on insurance claims unless you cudgel them over the head with it...

I've made it my standard practice to ship Fedex. It's cheaper, the tracking is better and they have a new policy where their people visually inspect high dollar items... this gives them less weasel room to complain about the packaging etc.
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I have never been asked to sign for delivery confirmation. Is that normal procedure?

I know they have a signature confirmation option, which I hate to do, but with the knives I've sold on ebay, and the recent rash of disappearing packages, I think I might start using to absolutely ensure that the package gets to where it is going, and the proper party recieves it.
 
Ren the devils trailboss said:
THen I would load my Mossberg Pistol grip 12 ga. with Remington Low recoil buck shot..jump in my car with a clown suit. and Drive to his house ..beat him with a rump roast and then as he is begging for his life take my knife and piss a gallon of mountian dew piss all over his face... then I would proceed to shoot up his house with the shot gun so the walls looked like swiss cheeze and then knee cap the bastard with my ASP baton...all the while cheerfully singing.."We're going to the zoo today we're going to the zoo":D :D
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LMAO!!!!!!!!!!:D
 
It is the sellers responsibility (imho) to require a signature from a live human being(if you're concerned about a buyers legitimacy). If you have something signed then you have zero responsibility unless its a case where the shipper delivered to the wrong addy and then I would say you would assist the buyer in recovering their item(s) through the shipper.

Imo, If you simply used Del Conf then you're screwed because you can't prove that someone didn't steal it from the buyers box/porch/etc.
Thats why I always say the buyer is at not risk until the item is in their hands/or some human at the address.

Now,,with Fed Ex for example,,they may have the buyers sig "on file" agreeing to their packages being left which is just as good as a live sig for you.

Hope that made sense. :D
 
I'm a little bummed. I ordered a knife last week from a pretty reputable dealer and was supposed to get the knife wednesday via UPS. It never arrived and the tracking said it was out for shipping. I called the dealer on friday and they said it was lost. Now UPS needs 7 to 10 days to have an investigation and then it'll be another 7 to 10 days days for the dealer to file a claim. Then if ups refunds the money I'll have my choice of getting a refund or getting a replacement knife. I asked if I'm looking at a month wait now just to find out what happens and was told yes. The "if" keeps ringing in my head and I wonder what happens if UPS doesn't pay the money if I'm then SOL. Honestly, I thought they would send out a replacement right away. Was this expecting too much? Have I been spoiled by guys like the late Bill Martino and Jerry Busse?
 
Okay, I think my problem with this Ja-k-ss is finally over. He first told me if the package was actually shipped it would have been sitting in his P.O. Box. So I checked, and his address wasn't a P.O. Box address. I think he screwed up and he knows it. Maybe he had an old address listed in his Paypal account. I don't know and I don't really care. I haven't heard from him since I pointed out this discrepancy, and I hope I don't hear from him ever again.
Here's a copy of the email he sent me. Don't deal with guy! Don't sell to him! and don't buy from him (I don't think he sells):
mjlsatan = ebay userID
Quote:
"in order for me to look up the items at the post office.I need a serial number or confirmation number. As if the items were stolen there is no chance, my packeges are left locked up on a special box from the mail. neither was sent to the wrong address never had a problem before I dont see why now. I been buying from ebay for about 3 years now never had a problem before. As in the case that the items came up missing im a collector of cold steel and is the only knives I buy. Unless you some good cold steel knives that i dont already own IM not interested and would like my money back. PLEASE SAVE THE HUSSLE FROM YOU SAID, I SAID BS. DONT HAVE TIME TO WASTE AND THIS IS JUST BUSSINESS. All I CARE IS MY KNIVES. THANKS"
 
If this is a question of legal responsibility, the accurate answer would be, "What was the contract"

Goods CAN be sold FOB point of sale, making the risk of loss in shipping fall on the buyer.
 
Thomas Linton said:
Goods CAN be sold FOB point of sale, making the risk of loss in shipping fall on the buyer.
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No contract, just an eBay sale, in other words, I didn't mention anything in my auction. But, it's assumed that they should give you the correct address!
 
Walking Man said:
No contract, just an eBay sale, in other words, I didn't mention anything in my auction. But, it's assumed that they should give you the correct address!
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Ah! Paper Chase.

Almost every sale transaction involves a contract. If A offers to sell identified goods at a specified price and B accepts that offer, you have a contract.

If A and B fail to agree on some detail (such as where/when the risk of loss passes) , the state legislature(s) "help" by creating terms by statute (See "Unifrom Commercial Code.") Without agreement otherwise, risk of loss under the UCC is on the seller until the goods reach the buyer's address by the agreed means of shipment.

If the buyer specified the wrong address, tough luck for him under the UCC. The goods were "delivered" when they reached the address he gave.

(Also, eBay specifies terms that the seller and buyer agree to accept.)
 
Thomas Linton said:
Without agreement otherwise, risk of loss under the UCC is on the seller until the goods reach the buyer's address by the agreed means of shipment.
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THANK YOU!!!! THANK YOU!!!!
Finally, we have an answer that is based in law. I appreciate it.
 
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