should a parcel get lost and buyer wants his money back.. should seller pay him immediately or wait until seller gets money from the shipping company ? what has been your experience in this situation? thanks
Unless otherwise negotiated, the BUYER bears the risk of loss during transportation. Therefore, the seller has no obligation to reimburse the buyer until he (the seller) receives payment from shipping company.
You missed the first part of my response ("unless otherwise agreed to"). I guarantee that if you litigate the matter, a majority of courts will conclude that the buyer bears the risk.
The contract between seller and common carrier and the contract between seller and buyer are two different contracts.
Just because the seller agrees with the carrier that he bears risk of loss as it relates to their contract, he does not necessarily agree that he bears risk of loss in the contract with the buyer.
May be you should read the FAQ more carefully before you comment. There is a big difference between "should" and "must". "Should" is aspirational but not required, "must" is required.
Audiogon "customary practice" won't help anyone in a dispute. You must look to the laws of the state. And in almost all states, the buyer bears the risk of loss unless agreed to otherwise.
You are correct. I am making a legal argument (don't hate me I'm a lawyer). As evidenced by this thread, the expectations of most Audiogon members are clearly not in sync with contract law. If/when a dispute arises, most of these individuals are in for a rude awakening. Because I guarantee you, if the so called "Audiogon customary practice" diverges from contract law, contract law will win.
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