Seller ships, fedx says it was delevered, (no signature reqd), buyer says, "It diddn't arrive."

What is the sellers liability?

Dunno about actual 'liability' - you'd have to look up the rules on eBay. I'm sure they cover these situations.

I'd say the sender should at furnish whatever information they have to show that it was at least sent. Consignment notes, tracking numbers, and so forth. I'm sure FedEx would be able to help the seller there, as I imagine they too deal with this situation on a regular basis.

There's not much the buyer can do to prove that they don't have the item in question. But since presumably the seller has already given money to the buyer, it's up to the seller to provide information that states that e held up eir end of the bargain (i.e. sent the stuff). Stuff that's delivered with no signature will still have some proof - driver documentation - that the delivery took place.

This takes care of the scenario where the seller claims to have sent something but has only pocketed the money, and where the buyer did receive something but claims that e didn't (hoping to get a refund or another one). This is why it's important for the seller to have good documentation. If the seller can't provide such documentation, then I'd say the seller is obliged to make good on the delivery or give the buyer's money back.

So which are you, gbeer?

Have fun,

Paul

P.S. Do I look like a lawyer? No, I didn't think so.

Is there a signature that Fed_Ex can show? Is it legible?

"no signature reqd"->no I assume

I'm not sure, but does FedEx have some sort of base liability or insurance that covers such a thing?

I've had them deliver to the wrong address before. Just give their customer service a call and find out where the driver delivered it. In my case, they told me the address where they delivered it and I figured out who it was and went over there and asked for it. Of course, that was a package that was shipped to me and not vice versa.

Well when I sell I offer different options for postage usually. If they want a signature they pay more, if they don't and it goes missing then its not my problem. I would never reimburse someone who has opted for the cheaper postage on an expensive item as its their choice before bidding.

More recently I've only offered postage with a signature (its only 64p more). That way there can be no argument.

If the buyer paid you in CASH or cash-like instrument (money order, wire transfer), then you have the upper hand. if they paid by Paypal (with or without a credit card) or credit card directly, then the buyer holds ALL the cards - and there's no two ways about it.

As a buyer, if you've paid for something with your credit card and had it shipped via UPS or FedEx or some such courier, whether you get the packge or not, if it wasn't signed for, you can say anything you want. There's no way to PROVE you received it. FedEx or UPS employee's word is simply not good enough.

Heck, the credit card company will reverse charges on Paypal even if the package was signed for at the door (if the buyer pushes). Because there's no signature for the sale and/or no physical card-swipe, the buyer can pretty much have any such transaction reversed (watch out for scamming buyers).

The goal here is to push this on to FedEx. It should be their liability if they left the package unattended and the package was subsequently not received (or no proof of reception can be provided). As a seller you have to make sure you didn't authorize FedEx to leave the package unattended. As a buyer, one would only need to make sure they haven't signed anything (and as I said, if it was a credit card transaction, and was signed for by anyone else in the house, even you, you can still get charges reversed).

Bruno

Seller ships, fedx says it was delevered, (no signature reqd), buyer says, "It diddn't arrive."

If payment was made through PayPal, the buyer has automatic insurance for the amount of the purchase.

That might be an avenue worth pursuing.

tanstaafl.

Update: Payment was by money order. And the buyer is being proactive with fedex.

On a seperate note. It occured to me I might see if the buyer lived in a high traffic area by looking his address up on mapquest and then matching that in World Wind. That's just a little scary isn't it.

The buyer checked up with the local FedEX. As I figured, it was delivered and that's that. I went to the local mail center and explained the problem. They paid off on the insurance then and there. In Cash to boot. I've refunded that to the buyer.

At this point I call it done.