Morganized Posted February 14, 2006 Report Share Posted February 14, 2006 A while back I posted an "inventory reduction" Okka sale. I had a fairly large order from one of our members and sent the package. I received a message the package did not arrive. I prepared a new shipment and the customer offered to pay half. I accepted. I "almost" broke even on the deal and the customer payed more than intended. Did I do wrong? This has been bugging me for a long time. If insurance is not requested, who's to blame? I'd welcome a post from the customer explaining his feelings. FWIW, I've had around 5 claims of "non-delivery" in the past 10 years. I must also add a couple of these were later confirmed as "delivered". Not that tough really. Although the UCC Art. 2-Sale of Goods-- refers to legalistic terms like FOB Buyer or FOB Seller, in lay terms it would probably work out like this. If the Seller guarantees delivery then the risk of loss is upon the Seller until such time as the Buyer receives the goods. If the Seller only guarantees shipment, then the risk of loss falls upon the Buyer from the time the goods are shipped. HERE is the rub. Seller still has the obligation to PROVE shipment.In other words, Seller is not necessarily responsible for items lost in the mail; but, he likely has to prove that the items WERE in fact mailed. Moral of the story.... always pay the 55 cents and get a Certification of Delivery or Proof of Mailing or some other evidence identifying the particular items shipped and when. Otherwise, I am afraid you may be stuck my friend..... Other views and opinions welcomed. Quote Link to comment Share on other sites More sharing options...
Chuck Nessa Posted February 14, 2006 Report Share Posted February 14, 2006 Does $.55 work internationally? Don't think so. And I do have postage receipts to show shipment. A while back I posted an "inventory reduction" Okka sale. I had a fairly large order from one of our members and sent the package. I received a message the package did not arrive. I prepared a new shipment and the customer offered to pay half. I accepted. I "almost" broke even on the deal and the customer payed more than intended. Did I do wrong? This has been bugging me for a long time. If insurance is not requested, who's to blame? I'd welcome a post from the customer explaining his feelings. FWIW, I've had around 5 claims of "non-delivery" in the past 10 years. I must also add a couple of these were later confirmed as "delivered". Not that tough really. Although the UCC Art. 2-Sale of Goods-- refers to legalistic terms like FOB Buyer or FOB Seller, in lay terms it would probably work out like this. If the Seller guarantees delivery then the risk of loss is upon the Seller until such time as the Buyer receives the goods. If the Seller only guarantees shipment, then the risk of loss falls upon the Buyer from the time the goods are shipped. HERE is the rub. Seller still has the obligation to PROVE shipment.In other words, Seller is not necessarily responsible for items lost in the mail; but, he likely has to prove that the items WERE in fact mailed. Moral of the story.... always pay the 55 cents and get a Certification of Delivery or Proof of Mailing or some other evidence identifying the particular items shipped and when. Otherwise, I am afraid you may be stuck my friend..... Other views and opinions welcomed. Quote Link to comment Share on other sites More sharing options...
Morganized Posted February 14, 2006 Report Share Posted February 14, 2006 Gosh Chuck..not trying to pick a fight! Merely pointing out that risk of loss is a negotiated item like everything else in a contract.......Whew. OBVIOUSLY proof of shipping may vary depending upon to where shipment is made. In the case of international shipments obviously a Proof of Mailing would be a place to start...........and I am sorry, I DON'T know what that will cost you....... Does $.55 work internationally? Don't think so. And I do have postage receipts to show shipment. A while back I posted an "inventory reduction" Okka sale. I had a fairly large order from one of our members and sent the package. I received a message the package did not arrive. I prepared a new shipment and the customer offered to pay half. I accepted. I "almost" broke even on the deal and the customer payed more than intended. Did I do wrong? This has been bugging me for a long time. If insurance is not requested, who's to blame? I'd welcome a post from the customer explaining his feelings. FWIW, I've had around 5 claims of "non-delivery" in the past 10 years. I must also add a couple of these were later confirmed as "delivered". Not that tough really. Although the UCC Art. 2-Sale of Goods-- refers to legalistic terms like FOB Buyer or FOB Seller, in lay terms it would probably work out like this. If the Seller guarantees delivery then the risk of loss is upon the Seller until such time as the Buyer receives the goods. If the Seller only guarantees shipment, then the risk of loss falls upon the Buyer from the time the goods are shipped. HERE is the rub. Seller still has the obligation to PROVE shipment.In other words, Seller is not necessarily responsible for items lost in the mail; but, he likely has to prove that the items WERE in fact mailed. Moral of the story.... always pay the 55 cents and get a Certification of Delivery or Proof of Mailing or some other evidence identifying the particular items shipped and when. Otherwise, I am afraid you may be stuck my friend..... Other views and opinions welcomed. Quote Link to comment Share on other sites More sharing options...
Chuck Nessa Posted February 14, 2006 Report Share Posted February 14, 2006 I see my customer was reading this earlier. I wish he'd posted. Quote Link to comment Share on other sites More sharing options...
Bright Moments Posted February 14, 2006 Report Share Posted February 14, 2006 A while back I posted an "inventory reduction" Okka sale. isn't it about time for another one of 'dem inventory reduction okka sales? Quote Link to comment Share on other sites More sharing options...
Chuck Nessa Posted February 14, 2006 Report Share Posted February 14, 2006 Relax. Nothing I posted should be taken as hostile. I was just stating the facts as I saw them. Gosh Chuck..not trying to pick a fight! Merely pointing out that risk of loss is a negotiated item like everything else in a contract.......Whew. Quote Link to comment Share on other sites More sharing options...
clifford_thornton Posted February 16, 2006 Report Share Posted February 16, 2006 Looks like I get to add a lost Dusty order to the bill! Eight days and no show, which isn't totally awol, except somehow they combined my shipping address and one of a recent gift order into some total gobbledygook - good thing I asked for them to email me "where" they shipped it to. Duh... Guess I won't be getting that Hal Singer CD after all. Quote Link to comment Share on other sites More sharing options...
AllenLowe Posted February 16, 2006 Report Share Posted February 16, 2006 (edited) I've shipped a lot of things, domestically and to Europe - my feeling domestically is that it's my responsibliity to insure and confirm delivery - and if it disappears I re-ship or reimburse. On international shipments, from Ebay, I will always state that it is at buyer's risk; I worry about it and, as Chuck says, there's no way to track or insure - for big company like this, however, which advertises internationally and ships internationally as a matter of policy, they have to guarantee delivery - Edited February 16, 2006 by AllenLowe Quote Link to comment Share on other sites More sharing options...
John L Posted February 16, 2006 Author Report Share Posted February 16, 2006 Allen: Given the respect that I have had for this company, I would prefer to wait. If the shipment does not arrive in the next few weeks, however, I will reveal the name. Quote Link to comment Share on other sites More sharing options...
Jazzmoose Posted February 16, 2006 Report Share Posted February 16, 2006 My feeling when I sell on eBay is that it's the customer's responsibility to get the payment to me, and mine to get the music to them. If they told me the payment was sent, but I never received it, I sure wouldn't send the discs, so I figure if the shoe's on the other foot, it's my tough luck. Of course, that's easy to say, as I've yet to have anything lost... Quote Link to comment Share on other sites More sharing options...
PHILLYQ Posted February 17, 2006 Report Share Posted February 17, 2006 I had one occasion(out of over 100+) where I sent a disc to a guy in Canada and after a month he still didn't receive it. At that point I refunded his money, with the explicit understanding that if the disc showed up he would pay me back. Two weeks later the disc arrived- The Canadian PO somehow sent it to Zimbabwe! Quote Link to comment Share on other sites More sharing options...
Chuck Nessa Posted February 17, 2006 Report Share Posted February 17, 2006 I had one occasion(out of over 100+) where I sent a disc to a guy in Canada and after a month he still didn't receive it. At that point I refunded his money, with the explicit understanding that if the disc showed up he would pay me back. Two weeks later the disc arrived- The Canadian PO somehow sent it to Zimbabwe! We talkin' 'bout Pryan Quote Link to comment Share on other sites More sharing options...
John Tapscott Posted February 17, 2006 Report Share Posted February 17, 2006 About a month ago, I ordered a CD from a Canadian jazz musician through his website. I paid via PayPal and received a message that the CD had been sent. After three weeks no CD, so I emailed them a couple of days ago. The response I received today was more than I expected. They said they had not, in fact, sent the CD, and apologized profusely. They reversed my payment and are sending me the CD free of charge. Over and above the call of duty, really. Quote Link to comment Share on other sites More sharing options...
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