Quote:
Originally Posted by egbeachley
Nope. There is no written contract here (not a big assumption). This is a "merchant transaction", look it up in the UCC Code you referenced earlier. Therefore risk does not transfer until received by buyer.
Also, common sense tells us that if it was FOB shipping point that there would mail delivery chaos since anyone could pretend to ship an item that gets lost in transit. That would be the easiest scam in existence.
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It works two ways. Common sense also tells us anyone could pretend to receive an item in the mail with tracking confirmation, put a slit in the package and say the item never arrived. That would also be the easiest scam in existence.
Unfortunately in Luke's case, the Post Office screwed up and didn't put a "Contents Missing" notice on his package. It has Delivery Tracking (which is all that Ebay requires if this is such a transaction). That would make things a little clearer for an Insurance claim.
A claim could be made by the seller that Luke put that slit in the package himself. They could also claim it was pilfered from his mail box somehow.
As a seller, Delivery Confirmation is the only tool you have going in your favor. You cannot guarantee to your buyer that his mailbox is secure on the other end. He could have a mailbox on the corner of Please-Steal-This Drive and Gold Buillon Avenue for all the seller knows.
If this is an Ebay transaction, Luke could possibly file an Item Not Received claim through Ebay. If Delivery Confirmation shows the package was delivered (sans card or not), the seller can accelerate the claim to be found in his favor, and the defect expunged from his record. If Luke is lucky, Ebay will still pay off the claim to Luke out of their own coffers instead of the sellers, if this is not a recurring theme with his account.
.....or Luke can contact the seller, see what he says and they may be able to come to some sort of an agreement without going through the EBay bureaucracy.