Help! Spakers damaged during shipping?Paid insurance (with proof)being told not Insured?
This is the current insurance page. I suggest Wayback machine or similar to see what it said at the time of your shipping: https://support.audiogon.com/hc/en-us/articles/360052139112-Shipping-Insurance |
Original shipping containers designed for shipping, packaging obtained from the original manufacturer, is the required minimum - for insurance on packages to be in effect. Probably made 7 or 8 claims on insurance when shipping in the last 20+ years and never once was the claim rejected because it was not the original manufacturer packaging. I did have to show proof of adequate packaging an in no case was there internal damage but no external damage. This is called ’FOB’ Shipping (from our base), FOB = Free on Board. It must also include technically FOB origin or destination to indicate where the transfer point is in responsibility. Also technically, FOB Origin (or shipping point) responsibility does not transfer till it leaves the seller dock, but there can be confusion and it comes down to contractual terms. IF the shipper is the seller, then it is the responsibility of the seller, until it is dropped off and signed for, by the buyer or final destination point. Until then, all claims, negotiations and the like - sit solely on the seller’s shoulders. This is where shipping insurance contracts get you on the weasel word. If the receiver signs for it, that is taken as acceptance. They must, at the time of arrival, indicate the damage. I have written into our sales contract, and bolded it, that if the customer signs for a product and does not indicate exterior damage at the time of arrival, they are obsolving us of responsibility. AS A SELLER YOU MUST COMMUNICATE THIS TO YOUR END CUSTOMER! So, in effect, PayPal and taking money back on a buyer’s word...is in fact illegal and against the given contract. Where it does not matter if the packaging was not adequate, as that is not part of the legal aspects of the money and who controls the money in the fulfillment of the contract. If you are not a lawyer, then it is best NOT to provide this level of what is essentially legal advice and claim it as absolute fact. IF you use Paypal, and this must be agreed by both parties, you are often engaging in a separate and what is potentially superseding contract. I have not reviewed all the Paypal details of late, but some of them used to initiate what is in effect an escrow and would make Paypal the arbitrator. Please don't take my (or Teo's) word for it. Do you own research. |
Thank you a_mulder. I will take you at your word which at this point seems fair. The problem seems to be as roxy54 described. Sounds like someone screwed up, IT implementation or something, but either way, it is not your fault and your claim should be paid to the limit of the insurance at the time. You may need to elevate this issue. You can probably find other contacts on LinkedIn. I don't know how much you lost, but there is typically limits on the value of your claim. Their current limit appears to be $5,000, but it could have been different at the time of your shipping. Hopefully that is in your paper work. Unless serious money, hiring a lawyer is rarely a good ROI. Small claims is more effective but limited based on jurisdiction. |
I am quickly seeing this thread has no point. We have been presented with a very thin explanation of what happened. If this is been ongoing for 7-8 months, I feel there would have been more information provided, i.e. like why the insurance claim was rejected. Through work, life, etc. I have had insurance claims rejected. In every case, I asked why, and was provided it. I think once I was not, and I wrote the person and copied their legal counsel and the BBB who they were listed with. If the op does not provide more detail, i.e. why the insurance was rejected, perhaps some details of communication, etc. then there is no point in having this discussion. It just becomes a whine fest. |
FOB = Free On Board The way to deal with FEDEX or any shipper is to tell them in advance exactly what you plan to ship, and ask specifically if their insurance will cover it for the value you intend to unsure it for. The time to verify coverage is not after the loss it is before the loss. If they won't insure it, call an insurance broker or check the net. There are other options. FEDEX damage rate is much lower than UPS or USPS. |
