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

[tom_reid]

I live in the state of Maryland


Buyer (lives in Florida) 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?

Thanks.

Tom Email Address: Reid040958@aol.com

 

[Michael Wechsler]

Tom - I'm sorry to hear about the bat (what kind of bat was this that it is worth $10,000?)

There are several issues here. To begin, don't carriers hold packages and do not leave them at the door unless (1) the shipper indicates as such on the label, or (2) the receiver has taken some action to do so such as sign the ticket left on the door in the first delivery attempt? Why did UPS leave the package at the door unattended? They may be liable for something but it goes without saying that if the shipper checked off the box to leave and not require signature then you may have a case.

Let us take the ordinary scenario though. Typically the terms of when "ownership" or "responsibility" passes is determined by the term "FOB" or "Free On Board." Typically terms will be FOB Shipper which means that the responsibility for the item leaves the person shipping the item once it is passed to the shipper. Damage in transit is dealt with by the receiver. FOB Destination means that the item must be delivered and, until then, the shipping party is on the hook for damage/loss.

It's difficult to say what the situation is here since it would appear that giving it to UPS was all that was required. Did you insure the package on the way there? It's tough to say whether the receiver was negligent in not obtaining insurance in the absence of discussion but it would be a good argument to say that he should have shipped it back in the same manner as it was shipped to him.

It's difficult to give a specific answer but it would seem you may have some case, which may be further answered by specific case law which may vary from state to state.

I live in the state of Maryland


Buyer (lives in Florida) 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?

Thanks.

Tom Email Address: Reid040958@aol.com