Re: Liability: Seller shp's you item w/o insurance ...
This is a real easy one for me.
Rule #1 - be very picky about who you buy from. If you get any wierd vibes at all, steer clear of the deal.
Rule #2 - understand that the term "insured" can mean self-insured or payed for insurance. If I sell you something for $100, I may elect to self-insure rather than buy insurance.
Rule #3 - regardless of the insurance method used in Rule #2 above, I price as shipped and insured when selling. When I buy, I only do business with people that do shipped and insured.
Rule #4 - if there is a dispute regarding shipping/damage/loss, once it is confirmed what the situation is and I the shipper am working with the carrier on resolution, THE BUYER GETS HIS MONEY BACK. I give that as a seller and I expect it in return as a buyer.
Rule #5 - if the seller does not agree to the terms above, I do not buy from them.
Bottom line is, if you are a buyer, then you are paying for the item as described in the condition described to appear at the destination. The contract with the carrier is between the seller and the carrier, not you and the carrier. Anything less than that is not what you agreed to; a breech of contract has occurred at that point. Once that has occurred you are entitled to your money back, no questions asked, and optionally can enter into a re-negotiation with the seller on terms. OPTIONALLY; you are not contractually bound to accepting a damaged item at a discount, dealing with the carrier yourself, or wasting your time to get the item back up to the original contract terms condition.
Rule #6 - if a buyer at his choice prefers that the shipping take place using his account with a specific shipper, i.e. I give you my Fedex account number, send you via email the shipping tag, and pay the shipper of my choice myself as the buyer, then the contract changes in that I THE BUYER know own the agreement with the shipper, taking the seller out of the liability loop for damage or loss. The seller is not relieved of the burden of having correctly represented the item. The gray area in this arrangement is how well the item is packed. If the buyer is really concerned about this and wants to limit his liability, the buyer should ship to the seller the packing materials he wants used to send the item.