Help! Spakers damaged during shipping?Paid insurance (with proof)being told not Insured?


LONGGGG story, here is short verison. (this has bene going on for the last 7-8 months!!!

I sold a pair of B&W speakers on audiogon.com as well as purchasing insurance and shipping label through audigon.com
When speakers arrive to buyer he notifies me immedietly with pictures that they are broken and boxes are all busted up like they had been dropped from a formitable height and landed on their head.
I file claim with audiogon (whom i purchased the insurance through). Claim is denied due to package "not being Insured'. How can it not be insured if I paid for the insurance at checkout when I purchased Shipping label

To clarify, the claim is not getting denied for handling the situation wrong ( i.e.-  throwing away the damaged item or something) nit actually is NOT EVEN GETTING THAt far. MY receipt says that I paid for insurance and show the amount I paid but' on their end' they are showing something different (that this was not insured).

How to Resolve? Next step of Action?
 





a_mulder

Showing 1 response by teo_audio

Original shipping containers designed for shipping, packaging obtained from the original manufacturer, is the required minimum - for insurance on packages to be in effect.

Otherwise... fraud would be the norm. Where people ship broken old unwanted gear, at low prices and low values and try to make a high value insurance claim. This would be a daily occurrence and some would even venture as far as trying to make a career out of it.

Thus, original shipping containers only. Otherwise, no insurance claim is valid. It is in the fine print for all insurance or claims disputes regarding all major shipping companies or organizations. Unless otherwise stated directly in the insurance and shipping agreements.

This is why the pros, the big and constant long term shippers with large amount of items to be shipped, make the buyer pay the shipping. Where the items are collected on the makers dock, by the buyer’s shipping company. And,a s soon as the product is touched by the shipper, on the makers dock, any damage or issues are the fault and the concern of the buyer, and has nothing to do with the maker.

I’ve seen it happen, right in front of me. Where a full skid of product was destroyed by the shipping company, right on the docks. This is called ’FOB’ Shipping (from our base), a type of ’buyer collects item’ shipping. Where the buyer sends their shipper to our organization and ’takes it from there’.

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.

IF the buyer signed for it and accepted the package, even the financial party can do nothing about it, and a small claims court can back that up. Meaning, if an item is shipped, and the buyer accepts the package and then opens it up to find a can of smashed orifices, it is their problem. They’ll have a hard time, though, as the claim control lies solely with the seller.

What has to happen, is that one has to slow down the delivery driver and open the package in front of them and then reject it if it is broken or smashed. So, it is best to do this at the shipping depot by having the parcel held for pick up. and then open it up in front of the staff there. and, with such witnesses, either take or reject the parcel based on that. but there is risk involved. As well, the driver never wants to stick around for being the witness to the small domestic disaster that is a badly packaged audio item.

Many times we can have the financial middle group take the money back if the shipping goes wrong and leave the seller with the whole mess. But this does not work legally, even if the financial concern (PayPal)(and CC companies) take the money back. And they do so, all the time. Break the law, that is..and the contract, which involves the shipping and arrival, and acceptance of the item --is part of that equation.

The reality is that this is not the contract (taking money back on accepted parcels), and it can be proven in small claims court. look into it. What I mean is that if the buyer accepts the unopened parcel, then it is all on the buyer and this can be clarified in small claims court as the true reality. the small claims court just has to be made aware of this legal aspect of the dispute. As it is word against word.. and the reality, the base points of factual contracts ...at that point... will ’rule the situation’ ... and that --is the contract and the delivery methods.

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.

but wait!! There’s more....