Question regarding my liability in UPS fiasco.

[Jaero]

I'm in Indiana, the package is going to Texas.

I posted an item on an auction site and was haggled down quite a bit. I finally just accepted the offer. I received payment, and sent the package as cheap as possible.

UPS appears to have lost the package. First off, yes. I should have bought insurance. But it was not requested. It was an 1400 dollar item (he paid about half that, 650) that is literally indestructible. I didn't think they'd just up an steal/lose it though.

If the guy is cordial (and he won't be) I will offer him a half/half loss. But am I liable for the total amount? I really don't feel I should be. It seems like UPS is the winner no matter what. I suppose what I should say, is am I LEGALLY liable.

 

[FlyingRon]

You're 100% responsible. If they paid via Paypal or via credit card, the fact that you didn't deliver the item is going to result in an immediate refund.
Insurance protects the shipper. You should have bought it. UPS is "not" the winner here.

 

[Jaero]

You're 100% responsible. If they paid via Paypal or via credit card, the fact that you didn't deliver the item is going to result in an immediate refund.
Insurance protects the shipper. You should have bought it. UPS is "not" the winner here.

They didn't pay with either. And again, I said legally responsible.

 

[FlyingRon]

LEGALLY you are responsible.

 

[Jaero]

LEGALLY you are responsible.

Based on? This is a "free legal advice" forum, and you appear to be conjecturing. Under what statute am I legally responsible.

 

[Shadowbunny]

Indiana Code 26-1-2

IC 26-1-2-711
Buyer's remedies in general; buyer's security interest in rejected goods
Sec. 711. (1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance, then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (IC 26-1-2-612), the buyer may cancel, and whether or not he has done so may in addition to recovering so much of the price as has been paid: (a) "cover" and have damages under IC 26-1-2-712 as to all the goods affected whether or not they have been identified to the contract; or
(b) recover damages for nondelivery as provided in IC 26-1-2-713.
(2) Where the seller fails to deliver or repudiates the buyer may also:
(a) if the goods have been identified, recover them as provided in IC 26-1-2-502; or
(b) in a proper case obtain specific performance or replevy the goods as provided in IC 26-1-2-716.
(3) On rightful rejection or justifiable revocation of acceptance, a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care, and custody and may hold such goods and resell them in like manner as an aggrieved seller (IC 26-1-2-706).
(Formerly: Acts 1963, c.317, s.2-711.) As amended by P.L.152-1986, SEC.169


Looks like it wasn't conjecture at all.

 

[Jaero]

IC 26-1-2-711
Buyer's remedies in general; buyer's security interest in rejected goods
Sec. 711. (1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance, then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (IC 26-1-2-612), the buyer may cancel, and whether or not he has done so may in addition to recovering so much of the price as has been paid: (a) "cover" and have damages under IC 26-1-2-712 as to all the goods affected whether or not they have been identified to the contract; or
(b) recover damages for nondelivery as provided in IC 26-1-2-713.
(2) Where the seller fails to deliver or repudiates the buyer may also:
(a) if the goods have been identified, recover them as provided in IC 26-1-2-502; or
(b) in a proper case obtain specific performance or replevy the goods as provided in IC 26-1-2-716.
(3) On rightful rejection or justifiable revocation of acceptance, a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care, and custody and may hold such goods and resell them in like manner as an aggrieved seller (IC 26-1-2-706).
(Formerly: Acts 1963, c.317, s.2-711.) As amended by P.L.152-1986, SEC.169


Looks like it wasn't conjecture at all.

(j) where make delivery is to suggest the seller, in good faith, delivered the package to the carrier for proper transit.

Thank you, this is what I needed to find.

 

[FlyingRon]

I don't know where that ungrammatical (j) section comes from (it's not in the section previously quoted). Generally, tendering goods to the carrier is only an issue when shipped FOB or otherwise when the contract doesn't provide a destination (i.e., the buyer is handling shipment). In your case the quoted sections apply because the purchaser gave you a definite address for shipment. You are responsible for making sure the goods get there.

This is pretty much the way the UCC reads. The IC numbering is different but the text is pretty much the same.

 

[racer72]

(j) where make delivery is to suggest the seller, in good faith, delivered the package to the carrier for proper transit.

Thank you, this is what I needed to find.

This also is not part of the UCC or any federal or state code I could find. In fact, the phrase has zero hits when Googled.

 

[coppermanandson]

If you used UPS it's insured. All UPS deliveries are insured as part of the cost to ship. Do you have your receipt and tracking number? The tracking # will tell them where the package or was last in the system. You should be able to make a claim for refund. Just beware that UPS likes to refute most claims so be ready to argue your case. They will pay if you push hard and loud.

 

[divona2000]

If you used UPS it's insured. All UPS deliveries are insured as part of the cost to ship...

I believe that UPS is self insured for only the first $100, then you pay $0.60 per $100 value.

 

[Tayla]

divona- partially correct
Here is the breakdown for issured from the uPS website
Declared value
Price
$0.00 to $100.00
FREE

$100.01 to $300.00
$1.95 minimum

$300.01 to $50,000.00

$0.65 per $100 (or portion of $100) of total declared value

The poster made no declared value. so the standard first 100$ is covered.

Racer and Flying Ron gave the correct legal answers.