And Bob and I agree.
SO THERE!!!
William Robb
----- Original Message -----
From: "Bob Blakely" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: June 28, 2001 7:47 PM
Subject: Re: eBay rip-off -- follow-up
> 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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