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152.163.101.12
In Reply to: "as-is" and "not guaranteed against shipping damage" - what does it mean? posted by Don T on April 12, 2007 at 12:03:26:
Time to move on to another item. The shipping clause is the real zinger! Shipping damage is the responsibility of the shipper, even if the buyer pays the tab. Don't even waste your time trying to file a claim if you are anyone other than the shipper. Freight carriers will ignore the claim.I agree that there are plenty of flakes out there, but most folks, most of the time want to do the right thing. I offer an unconditional 30-day money back guarantee on anything I sell personally, well professionally too. Shipping damage, most times, is the fault of the seller for not packing properly. Not always, but usually.
After shipping hundreds if not thousands of items including big power amps and speakers, never had any shipping damage. And never had anyone take me up on the 30-day guarantee. I am sure it will happen, both of them, but these are indeed the rare exceptions rather than the rule.
Follow Ups:
Yep on 99% of the stuff I sell I'm offering a 100% satisfaction guarantee. Return it for whatever reason.My only caveat is that I determine who pays the shipping charges - if I'm at fault I pay and refund 100% of all shipping. If the buyer simply changes his mind he pays 100% of all shipping. If there is a reasonable disagreement we can split shipping.
Give me rhythm or give me death!
More than fair.I stay clear of the ads/auctions where the seller makes clear he/she is not going to take care of any sort of issue. That is for big ticket items. For $15-20? I will take the risk from time-to-time!
The most commmon shipping arrangement is "FOB", i.e. "freight on board at shipping point", indicating specifically that shipper is not responsible for shipping loss or damage.
Bill Bailey
___________________________________________
See my stereo config
Yes, you are correct, if those are the agreed upon terms.The freight business is full of all kinds of fun little protocals! I stand by my previous statement. If the shipper does not file a claim of damage with the carrier, the carrier rarely pays anything. I believe their line of logic is the shipper is their client, paid the freight bill, etc., and they don't much care about FOB, legal title, etc., on the receiver's end. When a claim is paid, that payment goes to the shipper in most cases.
If the shipper does not wish to get involved when freight is damaged, the receiver generally winds up holding the bag.
Therefore I would ask how do you know the carrier won't respect the recipients claim?Claims for shipping damage are least likely to be contested by the carrier if the are pressed at the time the package is delivered. And guess what? It's the recipient who has to do this.
I haven't shipped hundreds of items but only a couple of dozen. Unfortunately the one of the last I shipped was damaged in shipping: the damage was obviously due to the carrier's mishandling. I urged the buyer to press a claim with the carrier, (don't know if he did). I would certainly not have compensated the buyer without see the damaged unit; by the time I got it back from him there is no way the carrier would have honor a claim from either of us.
Bill Bailey
___________________________________________
See my stereo config
Never had a shipment going out that has been damaged. I have received plenty of damaged freight over the years and have learned the claims process the hard way.For large carriers, i.e. Roadway, Yellow Freight, etc., the receiver should NEVER accept damaged freight. In fact, with these type carriers, the freight should never be accepted until it has been fully inspected. The truckers will wait. Try that with UPS. Even if damage is noted on the bill of lading at time of receipt, the ability to collect is difficult in the extreme. If anyone thinks UPS, etc., is difficult with claims, try and work with the trucking companies!
For UPS, FEDEX, etc., if the freight is clearly damaged, it is best to refuse the shipment. For hidden damage, the seller should be contacted immediately to start the claims process.
With any of these carriers, the receiver of damaged goods in most cases is sunk if the shipper refuses to file a claim.
Sorry, not "freight on board". See the Wikipedia description below ...
Bill Bailey
___________________________________________
See my stereo config
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