what is the proper protocol

I understand this inclination. I can say that the company with whom I had this transaction has stellar customer service, and is one of the most highly regarded manufacturers in the high end industry. Communication was excellent, and I never had any doubt of a satisfactory outcome.

exactly - it's the total package that counts.

I am in the camp that believes an item belongs to the seller until it is properly delivered to the buyer in the as-described condition. All shipping/insurance issues are the seller's, in the absence of a prior agreement with the buyer to the contrary. I would promptly refund the buyer for goods lost in shipping, as soon as it was reasonably determined the item was lost. This highlights the importance of using a shipping method with tracking for all but very low cost items.

"as soon as it was reasonably determined the item was lost"

I'd agree with that too - it should take no more than a week or so to file a claim and have the shipping company admit that it is lost and start a search. In the case I described, I was able to have fedex redirect the package to a new address after it was found (over a month and many phone later) so the ability to redirect the lost package (at least at fedex) should provide protection for the seller and allow for a much quicker refund to the buyer.

Bdgregory,

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.

NT

Bdgregory,

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.