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Superfly
12-12-2013, 03:41 PM
Ok shipped a bunch. of SFrB out USPS lost one box. It is insured and i have the tracking #.

Where does my responsibility Stop? I say it stops when i pay for it to be shipped and then it is the USPS and the Person who was to recieve it.

What do you all think?

Duckiller
12-12-2013, 03:58 PM
I think you are asking a legal question on a cast boolit forum. I also think there are better places to ask your question. With minimual legal background I would suggest that the person that was to recieve the package has no responsibility until delivered into his hands. Have you talked to USPS? Is USPS going to pay off on insurance? Where did they loose the package? You have the tracking #, what can you find out? Are you prepared to fight an agency that is only partially part of the federal government?

tomme boy
12-12-2013, 04:07 PM
USPS Flat Rate boxes now come with $50 worth of insurance. You as the shipper have the information to make the claim. So it is your responsibility to file a claim. The other person does not have the receipt to file a claim. File a claim for the person and keep your good name.

starmac
12-12-2013, 04:07 PM
I don't know who is legally responsible, but when I was in the shop business, I had parts shipped in daily and the parts supplier would always get me another on the way, on the rare occasion that something went wrong. Usually the original showed up a week or so later too. I even had two fuel pumps, both shipped overnight 5 days apart show up at the same time once. lol

gandydancer
12-12-2013, 04:12 PM
If the USPS pays off on the insurance I for one will be very surprised.now you have to prove what the items cost you.when I ship an item I've sold the responsibility is mine until said item is in the buyers hand. if not the buyer is due a full refund from me including shipping fees if any.at that point its up to me to deal with the USPS. Not the buyer.

Charlie Two Tracks
12-12-2013, 04:28 PM
I figure that it is the shippers responsibility. I've had to do that with an item that was broken in transit. I had to prove the worth of the item and it took awhile, but the USPS paid it off.

koehn,jim
12-12-2013, 05:18 PM
How would you feel if a supplier took that attitude with you. When the package is delivered your responsibility ends not until.

Sweetpea
12-12-2013, 05:22 PM
:goodpost:

Same as if it was broken in transit, or you shipped the wrong thing...

It is YOUR responsibility to ensure that the customer receives what they paid for.

Brandon

waksupi
12-12-2013, 05:31 PM
If I were the shipper and it ended up lost, I would see to it that it was replaced. Been there, done that.

lancem
12-12-2013, 06:01 PM
shipper

bhn22
12-12-2013, 06:19 PM
USPS' contract is with the shipper, not the receiver.

Smoke4320
12-12-2013, 06:27 PM
Shipper bares all till its delivered .. USPS Will work with you but it will take a while on the claims process

clownbear69
12-12-2013, 07:02 PM
USPS will only talk to the person with the receipt
A tracking number can be used by anyone
Point of sale (***) is what matters

Lets flip the shoes would you be responsible if you didn't receive your package

Love Life
12-12-2013, 07:06 PM
It is on YOU the SHIPPER until the item is in the buyer's hand. Lost in transit, broken in transit, etc is not the buyer's problem. It is the shipper's.

runfiverun
12-12-2013, 07:18 PM
I just got back from dropping off a box at the usps, and while insuring it I asked the lady at the counter how it worked if something happened to the box.
she told me I had to come in and fill out the papers and make the claim if there was damage or if it was lost.
the insurance cost as much as the shipping on the little box I sent.

tengaugetx
12-12-2013, 07:40 PM
You've got the money the, customer has nothing...the responsibility is yours.

SeabeeMan
12-12-2013, 07:47 PM
Definitely your responsible as the shipper. You took money for your good with the understanding that you would ship. You're holding the paperwork and you're the one that has to file the claim.

I'll second what the others are saying about good luck. My brother's girlfriend just shipped some college books to him that he forgot at her house over the weekend and needed ASAP. She bought $300 of insurance and the package showed up destroyed and empty. They went together to the post office with the insurance claim form and the university receipt for the books dated a few weeks prior. Post office claimed that since they couldn't prove that was actually what was in the package, they wouldn't pay. My brother (pissed beyond hope at this point) asked if his girlfriend should have taken a picture before and after sealing the box and the clerk said that wouldn't cut it since they couldn't prove that they didn't remove the books between pictures. It's one of those things that I don't even think I could make up. My take on it is the insurance is worthless.

snowwolfe
12-12-2013, 08:09 PM
Ok shipped a bunch. of SFrB out USPS lost one box. It is insured and i have the tracking #.

Where does my responsibility Stop? I say it stops when i pay for it to be shipped and then it is the USPS and the Person who was to recieve it.

What do you all think?

Wrong. Your responsibility ends when the person who bought the item either receives it or you put in a claim for the insurance money and refund it to the buyer.
Beware you must also be able to prove the item lost or damaged was worth the insurance you put on the package. USPS is not stupid. If you send a piece of clay pot that is trash and insure it for $100 they will not pay you $100. They will pay market value for the item but it is up to you to prove the item is worth the insurance.

Wag
12-12-2013, 08:54 PM
Shipper.

You're responsible for ensuring that your customer receives what he paid for. That's why you paid for the insurance to begin with. A good decision on your part, to be sure.

Now that a parcel was lost, you need to do the legwork to serve your customer and get him reimbursed for the lost item or ship a replacement. USPS will reimburse you for the loss, you need to turn that around to your customer.

--Wag--

smokeywolf
12-12-2013, 09:09 PM
Don't know the legal specifics today, but 24 years ago I did a 2 year stint as purchasing manager for MGM's Metrocolor Film Laboratories. Back then, when you contracted a shipper to deliver something, technically you were hiring them to act as your agent. This made you responsible for the delivery.

gbrown
12-12-2013, 09:24 PM
Several years ago, I shipped a high dollar H&G mold. Didn't insure it, didn't package it correctly, apparently. Empty package arrived at buyer's address. I was out $180.00. I paid, my mistake. I was to blame, I had to pay the price for incompetence/stupidity. Tuition in the college of hard knocks. When someone pays for something, it's not their responsibility until it gets in their hands.

Love Life
12-12-2013, 09:28 PM
That's another reason I like paypal. I ran into an issue like this, and the seller wanted to act a horses behind. I lodged an issue with paypal and got my money back.

I didn't even feel bad when the seller sent me a cry-o-gram email.

saphelps
12-12-2013, 09:31 PM
See USPS Pub 122. Whoever holds the original mailing receipt may file the claim. For damaged items, either sender or recipient. Too many variables, but the pub will answer it. http://about.usps.com/publications/pub122.pdf

jonas302
12-12-2013, 11:25 PM
It is the sellers responsibility lets say the seller put the address on wrong or illegible, if the package arrives empty it is firmly the sellers responsibility for not packing properly
I know we don't think of ourselves as big time sellers here but imagine if midway shipped you something that never showed up
Give it some time for the post office to find its holiday shipping season hopefully it will all work out

MaryB
12-12-2013, 11:35 PM
Always the shippers responsibility, but wait a week longer, USPS is misrouting a lot of stuff lately

M-Tecs
12-12-2013, 11:39 PM
USPS insurance isn't worth used toilet paper. I have been trying to collect a $150.00 claim for almost a year. It was for an H&G mold. First time I ordered it the box came empty. The seller made good. It was not insured but I filed a lost item claim. That did no good. USPS did find it and sell it at the lost mail center in Atlanta. Ga. I didn’t know it was the same mold when I purchased it a second time but I had it insured. This time only half came. Same serial number. USPS lost the same mold twice and once it was insured and they have yet to pay. Hope you have better luck than I had.

leftiye
12-13-2013, 07:01 AM
Buyer pays, seller delivers. EOS

HNSB
12-13-2013, 07:30 AM
I've had USPS lose several packages. Have never gotten paid on an insurance claim, even ones that should be very obvious for them to pay on.
I've always ate it and made good with the buyer.

Lloyd Smale
12-13-2013, 07:48 AM
another vote for its yours till its mine.

Garyshome
12-13-2013, 08:17 AM
It's the Shippers. But you can offer insurance when you sell something, that way when it gets messed up you can both collect!

Taylor
12-13-2013, 08:26 AM
The postal service contends that the mail belongs to the sender until the recipient physically takes pocession of it.That is one reason certain mails can only be held for a limited amount of time,then returned.The postal service is responsible for your mail until it arrives at it's destination.If it is insured and something happens,then they must pay,but you need your reciepts.There is a fee to do the paper work,about $5,but you must wait 30 days to initiate a search,if not found,then they pay.Now---the moneys comes from the office of destination,not some government fund.I would say that if you are not being paid,then it is because of your local P.O.The money comes from their operating funds.If the PO finds the carrier at fault,then he will pay.

If the PO pays for an insured item,it is considered bought by the PO,and they now own it.No one gets to keep it,it normally goes in the garbage.The employees are forbidden from dumpster diving.However they will let you take cardboard to shoot holes in.

DRNurse1
12-13-2013, 10:10 AM
Good information here, the best being 'maintain your good reputation/ name.'

Corollary question to ponder regarding the value: if you agree to ship a clay pot to Bozo the Clown and he pays you $100 for that pot, isn't that the market value? Or is the USPS in the habit of polling various sources across the country (world?) to determine the least value of the item so as to pay off the insurance at a market value they determine?

Me thinks I need to attach my time to any bill I submit to the USPS for insurance. Bozo will be REALLY happy if the USPS is on the hook for that amount.

hanleyfan
12-13-2013, 01:34 PM
This is why I very seldom ship anything any more, normally if I sell something is because of financial difficultly and the money is long spent on bills before I am notified of missing item, so where I am going to get the funds for a refund except to try to sell something else that I really need. The only thing I will ship are small low cost items, anything more than 100.00 I sell locally rather than take the risk.

Doc Highwall
12-13-2013, 02:08 PM
50/50 If you have it for sale the first 50% is theirs to give you the funds before delivery, and the second 50% is yours to deliver said item which then closes the deal.

454PB
12-13-2013, 02:43 PM
Way back in the late 70's I bought my first chronograph, mail ordered. After a month or so, I called the supplier and asked when I would receive it. Supplier said it was shipped over 3 weeks ago. I went to the post office and told them the story, they said nope, we never got it. Back to the supplier, told him what the post office said, he said yeah, we get that a lot.....here's the insurance claim number. I went back to the post office, gave them the claim number, and went home to wait for my money.

The next day, the post office called.....they had miraculously found my chronograph.

Two days ago, UPS drove up to my house and dropped off a package. I went out to retrieve the package as they pulled away. It was a new Dell laptop computer, addressed to my neighbor two houses down the street. I'm amazed they drop a package that could be worth up to $1000 without requiring a signature.

My neighbor was glad to have the package and just as surprised as I was. I don't know if he pursued the screw-up of not.

Superfly
12-13-2013, 05:58 PM
Well i now have a package the was returned to sender with a label on it no such address. Hmm makes you think where the address that was supposed to be good is LOL

Wag
12-14-2013, 12:38 PM
In business to business transactions, terms, title, shipping, etc. are all spelled out at the time of the sale. You can look up selling terms codes on line for such things but the point is to note that all of it is negotiated up front. If you get into international business transactions, it gets even more complicated.

In sales to consumers, though, it's very simple: They pay you, you deliver and your responsibility doesn't end until the customer is a happy camper. Insuring shipments in that scenario is smart, to be sure but doesn't end the responsibility of the shipper. The court of the internet mandates is, particularly if you want to stay in business.

--Wag--