I sold a signed baseball bat to an individual with a refund guarantee if they were no

[Tom Reid]

Buyer returned item UPS uninsured no signature req. UPS left at front door not found

What is the name of your state? California

Buyer returned item UPS uninsured no signature req. UPS left at front door not found****************************......


buyer notified me he was sending it back and i agreed to refund. Buyer sent bat back UPS however ups left it at my door when no one was home. i live in a circular open view apartment complex and did not get the package. i know if the U.S. Post Office delivers to door and leaves it, its considered same as signing for it. however, since UPS is private carrier i do not believe the same rule applies.

buyer also failed to insure it. the bat was sold for $10,000 so you would think it would have been insured.

there was no specific "contract" however i did state in writing that "the buyer has 30 days from his date of receipt of the bat to get a full refund" i did not mention anything else about his shipping it back to me other than he should send it via fedex, instead he sent it via UPS who just left it at my door when no one was home.

i am the seller and would have been happy to refund the money, i believe buyer used poor judgement and was negligent not insuring the package. UPS is still trying to trace it and i have little hope. am i liable to refund the buyer even though i did not sign for the package nor find at my door. tracking info on ups site states it was delivered and left at my front door.

am i liable to refund the 10,000 even though buyer shipped item back to me uninsured further compounded by the fact that UPS just left it at my door.

I believe the buyer / shipper was negligent in that he did not send back via fedex as requested, it was sent uninured and no signature was required.

Would the Principle / Agent rule of law apply? Who would be considered the
Principle. I can see me being the Principle when i had sent it out to him insured, i assumed responsibility for sending the package out properly and that it would be received and signed for.

Am i correct in assuming the buyer, when returning it became the principle, and should have used proper and responsible means to insure that it got back
to me safely by being insured and signed for by someone?

Tom

 

[JETX]

In my OPINION, the buyer is liable for not taking reasonable precautions in returning such an expensive item. And for all you know, the box may have contained a new 'Louisville slugger'. Let him try to prove to a court that the lost shipment contained the item and that his actions were reasonable.

 

[Tom Reid]

Buyer returned item UPS uninsured no signature req. UPS left at front door not found

thanks jetx,

based on the info. the buyer was negligent in not using a more responsible approach in returning the item uninsured and not advising ups to require a signature especially considering the value right?

ups is still running a trace which i hope produces the item, but i am not too hopeful.