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In Reply to: Re: "as-is" and "not guaranteed against shipping damage" - what does it mean? posted by kentaja@yahoo.com on April 13, 2007 at 08:06:57:
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
Follow Ups:
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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