posted on June 24, 2005 11:39:42 AM new
If the buyer pays to insure an item, obviously the buyer would get the money in the long run.
My question is:
If I would choose to insure the item myself to make sure it's covered, would I get the money if the item is broken, doesn't arrive, etc.
I don't refund money if the item has not been insured by the buyer. I would refund if it is my error though.
posted on June 24, 2005 11:46:03 AM new
If the seller pays for the insurance and the item arrived broken or the item is lost,you would STILL need the buyer's co-operation to co sign the insurance form .
If he refuses to co-operate as he sees no benefits,then you wont be able to file claim.
-sig file -------
Eat grass,kick ass,never go belly up!
posted on June 24, 2005 10:26:17 PM new
The bottomline, actually, is that the buyer should get paid by you in the form of a refund. You can, and I would suggest you should, get their cooperation in completing the claim before providing the refund.
We've worked through DSI and e-mailed the claim form to a buyer, and they signed it and sent it back with the item (a condition I have on refunds). I then scanned it and posted it to the claim record online and was paid the claim amount in full in about 4-5 days.
Onto my soapbox I climb
Insurance, whether they pay for it or you do, is still your responsibility - one you cannot legally shirk even if you place language in your auction listing.
Most "real" laws are based on logic and if you turn it around and you were the buyer and something arrived broken - would you just shrug your shoulders and say "Boy, I wish I had bought insurance..."? Probably not. It would be more like "Hey, it arrived broken. What are YOU, Mr/Ms Seller, going to do about it?"
Insurance protects only the seller. No matter what anyone else has told you or tells you in the future. If it's a small dollar item, you might get away with a buyer just cussing you out or leaving a neg in your feedback - if you don't refund their payment for a missing or damaged item. If it's a high-dollar item they won't sit back and take it.
...back down off soapbox
Wayne
Never explain -- Your friends do not need it and your enemies will not believe you anyway.
~ Elbert Hubbard
posted on June 24, 2005 11:05:26 PM new
Wayne...Although real world logic and customer relations will support your viewpoint, the courts will not. Think about it. Why does the Post Office offer insurance? It's to insure against any damage or loss that is THEIR fault. Read the fine print. They have the option of opening and inspecting any package before they accept it. If the packing is not sufficient, they can refuse to accept liability for it and require you to sign a waiver of liability before they accept it. This is true not only of the USPS, but of any common carrier in the United States. Once the package is accepted by the Post Office, the shipper is no longer liable for loss or damage, the P.O. accepts that liability. They are absolutely liable for any loss or damage while that shipment is in their possession. That liability amounts to whatever the package was insured for. If no insurance was purchased, the liability is zero. The person or entity in possession is liable while it's in their possession. It can't be shifted to anyone else. There are literally thousands of court cases, all the way from small claims to the Supreme Court that have affirmed the series of laws that govern a carriers liability in interstate commerce. I've actually had the rather unpleasant experience of being the defendant in a few cases where a shipper had the same opinion as you concerning liability. I won every single one, although a couple were won on appeal to a higher court.
A $75.00 solid state device will always blow first to protect a 25 cent fuse ~ Murphy's Law
posted on June 24, 2005 11:34:18 PM new
rsauvehearts....When you file the claim, there is a place on the form where you can specify where a settlement check will be sent, either to you as the shipper, or the customer as the consignee. It's your choice to choose the recipient according to however you wish to settle the claim. Personally, I would refund the purchase price to the customer immediately and wait the three or four weeks for the P.O. to mail me the settlement if they decide to pay. It's strictly a customer service matter with me. UPS and FedEx has a different method. You file the claim as the shipper and they settle directly with you, not the consignee. They will reimburse for shipping also whereas the P.O. will not.
A $75.00 solid state device will always blow first to protect a 25 cent fuse ~ Murphy's Law
posted on June 25, 2005 06:08:34 AM new
I use DSI almost exclusively now. Even my postal clerk (off the record, of course) said it's a good idea. Filing claims through the USPS can be a real headache. DSI claims are relatively easy.
posted on June 25, 2005 06:55:19 AM new
The post office can deny your claim if they believe you are shipping an item which has already been damaged to begin with or if it is not packed according to their guidelines,
Private insurers such as U=PIC and DSI will pay until your loss experience becomes too much to bear and then they will refuse to do business with you.
Just like your homeowner policy,the second time you file claim with them,they will tell you one more claim and your policy will be cancelled and your claim history will be on file accessible by all insurers.
-sig file -------
Eat grass,kick ass,never go belly up!
posted on June 25, 2005 07:55:59 AM new
I self insure. In over 20,000 orders shipped I have had one or two claims amounting to abaut twenty dollars (my cost of goods). I always use eDC, or signature confirm.
posted on June 25, 2005 06:52:10 PM new
Of course, if you pack too well you aren't covered anyway.
Sorry, I just had to reintroduce that (see earlier theread "postal hell and rant".
Jim
.