Shipping - Who's Resposible for Receipt of Item?

I ordered an expensive ($1400) vintage amp from voodoo audio and told them to request a signature at my end. I required the signature becuase there is (still) construction across the street and a rather large box at my door step may be enticing.

Well, I guess I was right. Voodoo sent it with tracking ONLY (no signature) and I don't have it. Voodoo is claiming no responsibility and I've had to get a lawyer involved.

I must say, the responsibility should be with the seller and all large sales should require a signature.

Sounds like a scam if it tracking shows it was delivered. Your in the clear. Lots of buyers' scams going on these days. Sellers have to cover their butts. I have lots of stories.... Good luck

Guys - I am always a little amazed at how little understanding there is of the rules of this site.

According to the Audiogon rules under which we trade, it is the responsibility of the shipper to ensure the safe arrival of the package. The policy states that:

"Regardless of this determination all items shipped will be F.O.B.* destination. In other words it will ALWAYS be the responsibility of the seller to guarantee that items shipped will be as described and fully functional upon arrival. The seller will further be responsible to insure each package for at least the amount the buyer has paid for the item."

This is admittedly a very unusual policy since FOB is normally at the sellers facility (manufacturing site) not the recipients.

Note too that the policy states that:

"FOB Destination" means the person shipping an item is responsible for that item until the person receiving it signs for it."

I agree that it gets dicey where the shipper confirms delivery but the buyer denies it. As I interpret the Audiogon policy, as the shipper you are off the hook when you receive confirmation.

Insuring it (or not) is up to you - not the buyer. You can of course charge him for the insurance which quite often exceeds the shipping cost... Though frequently when I end up having to eat the shipping, and its a low cost item I self insure - its a wash so far.

Note that for shipments above a certain value (depending on your carrier) a signature is usually required by the carrier - I guess we can learn something from the pros.

This policy, which is essential to the success of Audiogon, is not unreasonable. What is unreasonable is the shippers willingness to pay up in the event of a claim. The fact is that you can spend a good chunk of money on insurance and never see a dime.

I think this is a tremendous achilles heel for all of us - I received a pair of floorstanders. Admittedly the seller had packed them very poorly - in the factory boxes. When I opened the box, the back was split, and the tweeter and the mid were hanging out. For this to happen, half a dozen nice size nuts were blown out of the cabinet. I documented the damage immediately with a series of photos and sent them to the seller. Seller talked to the carrier, called me and specified how he wanted the speakers repacked and had them picked up. They were shipped to the carriers facility for inspection - though the two boxes were never opened. The two boxes were returned to the seller a week apart.

As of this date, the seller has yet to see dime because there were no signs of external damage to the cartons...

Check feedback and be careful to make sure that paypal items are shipped to a confirmed address. If it isn't a confirmed address, be sure to write the buyer and release any liability to yourself.

The shipper is responsible for making sure the package arrives as stated. Which means opened and inspected and tested to make sure it works as stated in the ad. Once the buyer accepts the product is as stated in the ad, then the sellers responsibility ends.

I'm currently going through the same process, as the receipient. The UPS tracking number showed the package had been delivered, but I have no package. So I called UPS to make sure they had the correct address, they did. Obviously something was wrong. I contacted the shipper and he started a trace investigation, which will take a week to 10 days. At this point the package will either be found, or the shipper's insurance money will be refunded.

If this was a personal sale, I would wait the 7-10 days just in case the package was found. After that, I would expect my money back and let the shipper and UPS figure it out what went wrong. As in my case, it is from a manufacturer, I don't expect my money back, but another of the same item.

John