Liability for goods in transit.

[logic]

When a vendor sells an Item on E/bay for example, and sends it to the buyer via carrier, royal mail or other, who is responsible for the insurance for damage in transit of said item, buyer or vendor?, at what point does ownership of item transfer,? Is it when the vendor receives payment, or when buyer receives item,?

Thanks.

[debbz1969]

I seem to think that the onus is on the sender to make any claims for goods damaged in transit as they are the ones that paid for the postal service, therefore the contract is between the sender and the courier. HTH

[debbz1969]

The vendor is entitled to a refund from the seller under the Consumer Goods Act (I think 1977) if the goods are unfit for purpose. It is then up to the vendor to persue a claim with the courier.

[debbz1969]

Sorry, I meant to put buyer is entitled to refund from the vendor. Sorry for confusion. My fingers go faster than my brain.....

[Ethel]

Everyone is correct - the vendor must ensure the goods arrive, and arrive in good condition, or refund the buyer

[logic]

that sounds reasonable Debz but in actuall fact the buyer pays for the cariage, and in many cases can arrange thier own shipping,

[debbz1969]

I get your point logic but the actual contract is between whoever pays the Post Office or courier. The buyer pays only indirectly.
If, for example, I ordered something from Amazon and it either didn't arrive or arrived damaged Amazon would refund my money, even though I had paid for P&P on top of the price of the goods.

[Ethel]

Really the insurance is to protect the seller, not the buyer, as the seller is always responsible for safe delivery of the goods.

[logic]

Ethel once the vendor has dispatched the goods, there is not much more he can do, he can't even guarantee delivery let alone safety, and no matter how well you package something, some of the carriers will find a way of busting it, So in reality insurance is neccessary for expensive items,but who pays for this,

[Ethel]

You can charge the buyer for it - you can and should make it a condition of the sale. eBay certainly allow it.

If the buyer refuses to pay you have a choice - report the buyer as a non-paying bidder, or pay the insurance yourself.

If the parcel is properly insured you claim compensation from the carrier, but should refund the buyer as soon as possible.