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Who bears the loss when an item is damaged during shipping?

M

Mursilis

Diamond Member
Bought a print off an art dealer on ebay. He shipped it in a standard USPS poster tube, which appears to have been absolutely stomped flat on one end, causing creasing and damage in the print. Insurance wasn't offered, and I didn't request it. The total cost wasn't much - $23 shipped - but I'm wondering what's customary? Am I out of luck, or should he ship another? Does USPS offer anything?
 
Good Question. Write an email to the seller and see if they are willing to do something. If not, call up the USPS, and ask if they are willing to do anything. Since you did get the item, but was damaged BY the USPS, they might be willing to do something...

But keep in mind that with the given circumstances, it doesn't look good for you...
 
Originally posted by: minendo
It is the seller's responsibility to deliver the item in the condition described.
Click to expand...

I don't nkow if I agree. I htink we need a link to the auction. If insurance was offered, buyer is fvcked. If it isn't, then its iffy in my mind.
 
Originally posted by: Kelvrick
Originally posted by: minendo
It is the seller's responsibility to deliver the item in the condition described.
Click to expand...

I don't nkow if I agree. I htink we need a link to the auction. If insurance was offered, buyer is fvcked. If it isn't, then its iffy in my mind.
Click to expand...

Insurance was not offered according to the original post.
 
§ 2-509. Risk of Loss in the Absence of Breach.

(1) Where the contract requires or authorizes the seller to ship the goods by carrier

* (a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (Section 2-505); but
* (b) if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.
 
USPS wont do anything unless you file an insurance claim, assuming it was insured to begin with. Otherwise, tough luck.
 
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