From: "Chris Brogden" <[EMAIL PROTECTED]>
> On Thu, 28 Jun 2001, Bob Blakely wrote:
>
> > It sounds like the seller is responsible to the customer for the camera
or
> > the price of the camera. The seller's recourse is to the shipping agent
he
> > contracted with.
>
> Would this be to Canada Post or the one in Albano's country? Canada Post
> will argue that they performed their job properly in shipping to his
> country. It sounds like the post office of Albano's country would be the
> key to resolving this.
I'm sorry, I thought the seller was in Canada. The point is that the seller
is responsible. It is irrelavent whether he chose Canada Post, UPS, FedEx,
his brother-in-law or whoever for shipping. The seller's recourse is to the
shipper. If the seller does not contract with the shipper to insure the
shipment, or contracts with a shipper that does not insure, the seller takes
his chances. He is gambling with the buyer's money. Canada Post offers
insured shipments. I've used it many times. Their policy regarding their
responsibility for shippments to anywhere is clearly posted. When the seller
ships with them and doesn't insure the shippment, he is clearly relieving
Canada Post of a major portion of what would normally be their
responsibility for shippment security.
>
> > I'm not sure about the buyer's recourse to the seller's refusal to
> > step up to the plate regarding his responsibility. Normally this would
> > be a small claims court sort of thing, but what jurisdiction can the
> > buyer file in? Must he go to the seller's jurisdiction to obtain
> > justice?
>
> But how would Albano prove it? The seller can no doubt show proof that
> they shipped the camera to his country and that it arrived there. Albano,
> OTOH, of course cannot prove that he didn't receive it. This could be
> tricky.
This would be irrelavent. Albano doesn't have to prove anything. It is the
seller's responsibility to put the goods in the buyer's hands and be able to
show that he did. THE MEANS OF SHIPPMENT IS IRRELAVENT!
> chris
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