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11-03-2010, 06:44 AM #20
Yes. Regardless of what you think is right, if you provide a service for pay or make a sale, that makes you a seller in the eyes of the applicable law. This various per state of course, but I know that in Europe, a seller is responsible to making sure the goods arrive and he is obliged to provide recompensation in case of loss or damage.
One of the only exceptions is if the buyer demands specific ways of shipping that are not your standard shipping. For example, if we don't agree explicitly on something different, then I am responsible if I mail your razors usps. However, if I want to use a courier service with tracking and insurance, and you explicitly demand I use usps flat rate, then your are responsible.
So the people saying that you are free of blame are wrong.
The are probably wrong in the legal sense, and they are also wrong in the sense that any reasonable seller or tradesman would have spelled this out up front and gotten an agreement.Til shade is gone, til water is gone, Into the shadow with teeth bared, screaming defiance with the last breath.
To spit in Sightblinder’s eye on the Last Day