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USPS lost package, who is responsible? seeking opinions
- Thread starter Bobo
- Start date
I thought it might be a weather delay, but I spoke to the USPS yesterday and they didn't think it was a weather issue.
No big deal, just $20 lost on my end, as long as he does refund me the other amount.
No big deal, just $20 lost on my end, as long as he does refund me the other amount.
Seems a little to quick to jump to a refund from the seller. Granted the entire transaction on his end is sketchy. If the tracking number is valid then he sent something and you should give it some more time to be re-routed if misplaced.
I recently had a package I sent to CA via USPS get side tracked. Took USPS almost a week before it got back on route to the location. The buyer was very understanding and he did get the item but it was a week late.
I recently had a package I sent to CA via USPS get side tracked. Took USPS almost a week before it got back on route to the location. The buyer was very understanding and he did get the item but it was a week late.
If he shipped and you have proof, did his part. You choose to have it shipped. Your issues is with post office not the seller.
The answer to your question is governed by the UCC (Uniform Commercial Code), here is an excerpt from Wikipedia:
Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Such considerations generally come into play after the contract is formed but before buyer receives goods, something bad happens.
Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application:
1. Agreement - the agreement of the parties controls
2. Breach - the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller.
3. Delivery by common carrier other than by seller:
a) Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations.
b) If it is a destination contract (FOB (buyer's city)), then risk of loss is on the seller.
c) If it is a delivery contract (standard, or FOB (seller's city)), then the risk of loss is on the buyer.
d) If the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's "receipt" of the goods. If the buyer never takes possession, then the seller still has the risk of loss. [1]
References[edit]
Reference
1. Uniform Commercial Code § 2-509(3)
Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Such considerations generally come into play after the contract is formed but before buyer receives goods, something bad happens.
Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application:
1. Agreement - the agreement of the parties controls
2. Breach - the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller.
3. Delivery by common carrier other than by seller:
a) Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations.
b) If it is a destination contract (FOB (buyer's city)), then risk of loss is on the seller.
c) If it is a delivery contract (standard, or FOB (seller's city)), then the risk of loss is on the buyer.
d) If the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's "receipt" of the goods. If the buyer never takes possession, then the seller still has the risk of loss. [1]
References[edit]
Reference
1. Uniform Commercial Code § 2-509(3)
Seems item (d) fits your situation if the seller is a merchant. But you might have to take him to court.
