USPS Problem

[D-MaN88 0]

I have an appointment tomorrow with the local post office about a lost package. The circumstances get a little deep now. I sold my Zune to a guy in Indianapolis in which the package should have arrived in 2-3 days. Now he emails me and tells me the Zune never arrived. I contacted the post office and asked them and they say they don't have the package either. The plot then thickens. I didn't insure it as I have sent countless number of items before with no problems. The problem is, they told the guy I sold the Zune to that the mailman delivering the packages that day (that had the Zune I sent) was fired and they think he stole the packages he had with him. Now with me not buying insurance but with the information I have from the Indianapolis USPS telling him and me that their former mailman possibly stealing the Zune, do I have a chance at getting my money back for the Zune without having to refund him out of my pocket?

I'm sorry this is such a long post and I will find out tomorrow, I'm just worried that I'm going to have to pay him back out of pocket and I don't really have a lot of money right now. I guess I'm just looking at what you guys think I could do or will happen.

Thanks again, just looking for a positive look on things.

D-MaN88

Also, if you were in my shoes and in my situation, what would you do?

[mack 44]

I think without getting insurance someone's screwed. Hard to say if that's you or the guy who bought it since it depends on whether or not you give him his money back or say "Sorry, USPS lost it." I also don't see why you wouldn't have tacked on insurance though, it's like $2 max.

Personally I can't stand the USPS but will use them over anyone else. I've had stuff shipped from Best Buy and the USPS tracking says "delivered" but that's it. I never saw it and the PO told me that's the only information they had. They've also destroyed boxes I'd shipped up here when we moved and getting that money was a pain in the ass.

[kovalchuk71 212]

Because the label says "best buy" so the deliverers know it's something good. I've had the same thing happen to me with a GPS.

[mack 44]

Not sure if it actually had Best Buy's name on it, but even so other companies that have delivered with USPS never had that problem. Maybe it was isolated, but the lack of tracking was really my concern and that is aimed at Best Buy, although the fact it got lost/stolen/delivered wrong annoyed me. I think it was a couple games, a movie or two and a CD that I had ordered.

I though I had heard a knock on my door late one night and didn't notice anything. I woke up to leave for work the next day and on my doormat was a small box, which when I opened it was the CD. No other packages came so I don't see why the person didn't even bother keeping this package.

[D-MaN88 0]

I know I should have insured it and quite honest I don't know why I didn't. It's just still the fact even if it's insured or not, the fact that it was in THEIR employees possession when it went missing and undelivered, I think that's their fault and they should pay for it. Either way I guess I'll get to deal with the head dick-head postmaster at the post office tomorrow to find out what's going to happen so thanks for the insight guys.

[Jason Harris 31]

Was this an eBay item? If you have evidence that you shipped the item, you've fulfilled your obligation legally. Technically, unless specified otherwise, once you hand it over to a shipping company, it is now his property. He could try to argue that you should have offered insurance, but it's really his responsibiltiy to request it.

[D-MaN88 0]

No it wasn't an eBay item. It was actually posted and bought from someone on CraigsList.com. I have both the receipt from the post office and the tracking number slip receipt. I got an email from him back now saying he's not sure if the mailman stole it or not so now it's a little on the fishy part. I don't know, he never asked for insurance but I never really offered it either. It just seems weird and I don't know if I should play nice guy or just play the "I did my part" guy.

[mack 44]

It's a rough lesson to learn about getting insurance. One box I forgot to ship and in my haste didn't insure it was full of some gloves and hats. Ended up being a box full of a science experiment gone awry when I got it.

[evor1 6]

you are liable until the buyer receives the package in hand.

[mack 44]

I would think a technicality would be is if insurance was requested or not. Then again, I'd have just gone with insurance because it'd save headaches later on just in case.

[Jason Harris 31]

you are liable until the buyer receives the package in hand.

It depends on the FOB point, which is the point at which title transfers. Most often, the FOB is Origin, which means it becomes the property of the recipient the minute it is in the shipping company's hand. FOB Desitination, on the other hand, means I own the property -- and agree to cover its expenses -- until it arrives in your hands.

[shute 4]

..

[evor1 6]

you are liable until the buyer receives the package in hand.

It depends on the FOB point, which is the point at which title transfers. Most often, the FOB is Origin, which means it becomes the property of the recipient the minute it is in the shipping company's hand. FOB Desitination, on the other hand, means I own the property -- and agree to cover its expenses -- until it arrives in your hands.

i dont believe that for a second. nor does it even make sense. how would a reciever be liable for anything when they have nothing to do with the product yet? you think a seller can ship a product uninsured, ups breaks it, and the seller is not responsible for reimbursing the receiver in anyway? that company will not be in business for long and i cant imagine them winning when they get sued. insurance is for the protection of the shipper. anytime you order something online the business will ALWAYS insure it for their own protection. there is no "would you like insurance" option.

[mack 44]

Huge difference between a business and an individual.

[Jason Harris 31]

you are liable until the buyer receives the package in hand.

It depends on the FOB point, which is the point at which title transfers. Most often, the FOB is Origin, which means it becomes the property of the recipient the minute it is in the shipping company's hand. FOB Desitination, on the other hand, means I own the property -- and agree to cover its expenses -- until it arrives in your hands.

i dont believe that for a second. nor does it even make sense. how would a reciever be liable for anything when they have nothing to do with the product yet? you think a seller can ship a product uninsured, ups breaks it, and the seller is not responsible for reimbursing the receiver in anyway? that company will not be in business for long and i cant imagine them winning when they get sued. insurance is for the protection of the shipper. anytime you order something online the business will ALWAYS insure it for their own protection. there is no "would you like insurance" option.

I was a traffic coordinator for a manufacturer years ago. FOB rules are well established rules of freight.

That said, you are partially correct that a business won't be around long if they don't cover the losses of their recipient. It depends how savvy the recipient is. In a manufacturer-to-manufacturer sale with FOB Origin, the buyer knows title passes when it leaves the shipper's dock, so in all likelihood they will have the goods shipped using their shipping account.

However, when I shipped to my retailers, I always added insurance and charged my customers actual costs. Try telling some guy who just opened a small shop, "Hey, I'm sorry UPS lost your shipment, but the law says you still owe me $1200." They'll never pay, and the shipper is stuck suing their customer and losing them as a customer simultaneously. Not a good recipe, even though the law sides with the shipper, since they've fulfilled their part of the transaction.