Item broken during shipment

[gregg500]

What is the name of your state? Texas

I sold an antique phonograph on Craigslist. A buyer contacted me and after sending him detailed pictures of it he agreed to my asking price and asked me to ship it to him via UPS because he was about 100 miles away and didn't want drive that far. I shipped it to him after his check cleared.

As the title says the phonograph was broken when he received it. It was not broken when I shipped it and I have a witness who can verify that. I told him that it's his phonograph and he needs to file a claim with UPS. He is hounding me for his money back because he says I breached our contract because I didn't deliver to him a phonograph in the condition that he paid for. He is threatening to sue me. Does he have a case?

 

[TheGeekess]

You had the insurance on it as sender, so you need to file with UPS.

Per UPS:

"D. Shipper’s Interest Insurance Claim Requirements
1. Claims for physical loss or damage covered by Shipper’s Interest Insurance must be delivered to the local UPS Supply Chain Solutions office.
2. All Shipper’s Interest Insurance claims for physical loss or damage MUST be made in writing within and received by us 120 calendar days after date of acceptance of the shipment by us. They will be acknowledged within 10 calendar days after receipt at the above address. All claims MUST:
(a) include a copy of the Air Waybill, bill of lading or shipping manifest;
(b) include a description of the goods;
(c) include a description and details of the nature/extent of the damage or loss; and
(d) include the amount of the claim.
3. No Shipper’s Interest Insurance claims will be processed until all transportation charges have been paid. The amount of a claim may not be deducted from lawful transportation charges.
4. Notice Requirement for Concealed Loss or Damage
(a) Loss or damage to contents of a shipping container, which could not have been noted at time of delivery, must be reported to the local office within 14 calendar days from date of delivery. A request for inspection should be made at that time. All merchandise must be retained in the original shipping container, in the same condition it was in when loss or damage was discovered, until inspected by us.
10
5. No action for physical loss or damage may be maintained against us unless (1) claimant strictly complies with all requirements of this Subsection D; and (2) claimant commences the action within two (2) years from date of arrival of the shipment at destination or from the date the shipment should have arrived or from the date on which carriage stopped.
6. When salvage becomes our due to claim settlement, it will be picked up at our sole discretion.
7. For information on claim procedures for international shipments, contact the local UPS Supply Chain Solutions office.
8. All claims for loss or damage are subject to proof of value.
9. For purposes of this Section only, no action shall be deemed to have commenced until receipt by us of service of process of the action."
http://www.ups-scs.com/tools/terms/air_tc.pdf?srch_pos=18&srch_phr=insurance

 

[BoredAtty]

Based on what you posted, it sounds like you and the buyer had a shipment contract, and therefore, the risk of loss passed to the buyer once the package was in the carrier's hands. Thus, the broken item is legally the buyer's problem, and you do not owe him a refund.

 

[Zigner]

Based on what you posted, it sounds like you and the buyer had a shipment contract, and therefore, the risk of loss passed to the buyer once the package was in the carrier's hands. Thus, the broken item is legally the buyer's problem, and you do not owe him a refund.

Unless the packaging wasn't adequate to protect the item during shipment...

 

[BoredAtty]

Unless the packaging wasn't adequate to protect the item during shipment...

Good point. I should have noted that.

 

[TheGeekess]

Based on what you posted, it sounds like you and the buyer had a shipment contract, and therefore, the risk of loss passed to the buyer once the package was in the carrier's hands. Thus, the broken item is legally the buyer's problem, and you do not owe him a refund.

Please cite this for me, so next time this subject comes up in an eBay sellers' newsgroup that I read regularly I can tell them. Also, so next time I ship an item to a customer and it arrives broken I can tell them to pound sand.

Thanks....

 

[Kevjenty]

Please cite this for me, so next time this subject comes up in an eBay sellers' newsgroup that I read regularly I can tell them. Also, so next time I ship an item to a customer and it arrives broken I can tell them to pound sand.

Thanks....

Not exactly- I used to work for UPS- First of all, up to $100 is covered automatically. The shipper must file the claim. OIver $100, it must be insured. If it's insured and packed accordinly, the shipper must file claim. If you went to a UPS store Mail Boxes Etc, they must file on behalf of you. If you had insurance, and not packed very well, tough luck!

 

[TheGeekess]

Not exactly- I used to work for UPS- First of all, up to $100 is covered automatically. The shipper must file the claim. OIver $100, it must be insured. If it's insured and packed accordinly, the shipper must file claim. If you went to a UPS store Mail Boxes Etc, they must file on behalf of you. If you had insurance, and not packed very well, tough luck!

I'm aware of these things.... Not sure if the gentleman I quoted is or not, though.

 

[BoredAtty]

Please cite this for me, so next time this subject comes up in an eBay sellers' newsgroup that I read regularly I can tell them. Also, so next time I ship an item to a customer and it arrives broken I can tell them to pound sand.

Thanks....

UCC § 2-509. Risk of Loss in the Absence of Breach.

(1) Where the contract requires or authorizes the seller to ship the goods by carrier

(a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (Section 2-505);​

As an FYI: By default, sales contracts are governed by the above law even when it's clear that the item will be shipped. Thus an eBay type contract would be governed by the above law.

 

[Shay-Pari'e]

You had the insurance on it as sender, so you need to file with UPS.

Per UPS:

"D. Shipper’s Interest Insurance Claim Requirements
1. Claims for physical loss or damage covered by Shipper’s Interest Insurance must be delivered to the local UPS Supply Chain Solutions office.
2. All Shipper’s Interest Insurance claims for physical loss or damage MUST be made in writing within and received by us 120 calendar days after date of acceptance of the shipment by us. They will be acknowledged within 10 calendar days after receipt at the above address. All claims MUST:
(a) include a copy of the Air Waybill, bill of lading or shipping manifest;
(b) include a description of the goods;
(c) include a description and details of the nature/extent of the damage or loss; and
(d) include the amount of the claim.
3. No Shipper’s Interest Insurance claims will be processed until all transportation charges have been paid. The amount of a claim may not be deducted from lawful transportation charges.
4. Notice Requirement for Concealed Loss or Damage
(a) Loss or damage to contents of a shipping container, which could not have been noted at time of delivery, must be reported to the local office within 14 calendar days from date of delivery. A request for inspection should be made at that time. All merchandise must be retained in the original shipping container, in the same condition it was in when loss or damage was discovered, until inspected by us.
10
5. No action for physical loss or damage may be maintained against us unless (1) claimant strictly complies with all requirements of this Subsection D; and (2) claimant commences the action within two (2) years from date of arrival of the shipment at destination or from the date the shipment should have arrived or from the date on which carriage stopped.
6. When salvage becomes our due to claim settlement, it will be picked up at our sole discretion.
7. For information on claim procedures for international shipments, contact the local UPS Supply Chain Solutions office.
8. All claims for loss or damage are subject to proof of value.
9. For purposes of this Section only, no action shall be deemed to have commenced until receipt by us of service of process of the action."
http://www.ups-scs.com/tools/terms/air_tc.pdf?srch_pos=18&srch_phr=insurance

Your name fits you. Where in the first post did it say it was insured?

 

[BoredAtty]

I'm aware of these things.... Not sure if the gentleman I quoted is or not, though.

UPS policy has absolutely no control over sales law and risk off loss.

 

[TheGeekess]

UCC § 2-509. Risk of Loss in the Absence of Breach.

(1) Where the contract requires or authorizes the seller to ship the goods by carrier

(a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (Section 2-505);​

As an FYI: By default, sales contracts are governed by the above law even when it's clear that the item will be shipped. Thus an eBay type contract would be governed by the above law.

I guess a legitimate street address wouldn't be a "particular destination", then?

 

[BoredAtty]

I guess a legitimate street address wouldn't be a "particular destination", then?

Sure it would. But you're focusing on the wrong language in that law. You should be focusing on "if it does not require him to deliver..." and not on "particular destination."

Merely supplying an address and asking the seller to ship the item does not mean that the seller is required to ship the item to that address per the terms of the contract. The contract must specifically state it, and most don't (including contracts created via eBay auctions).