Re: Missing Parcel
- From: Peter Parry <peter@xxxxxxxxxx>
- Date: Wed, 07 Mar 2007 13:02:00 +0000
On Wed, 07 Mar 2007 11:50:15 GMT, Mike Scott
<usenet.11@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx> wrote:
Peter Parry wrote:
No, it isn't wrong. Responsibility for arranging a method of safe
delivery lies with you as the seller. If you were not happy to use
one particular method you should not have offered it as an option.
Is that always the case? I know that if the seller is a /trader/, then
the seller is responsible; end of story.
It is always the case that the seller is responsible for offering a
safe method of delivery. (SOGA S32(2))
I've put more details in
Message-ID: <5g1tu2tr5snaroa132n5c23ts0ijj465c0@xxxxxxx> .
But between individuals, is the situation not negotiable? So if the
buyer wants cheaper delivery and is willing to take the risk......
Or is that not right?
In a private sale if the buyer requests a specific delivery method
then that would be at their risk. However, if the seller offered a
number of methods the buyer is entitled to believe all are adequate
as far as safe delivery are concerned. I think any seller offering
delivery where one method is inappropriate bearing in mind the value
of the goods would find it rather difficult to talk their way out of
their responsibility simply by claiming the buyer chose the wrong
method from amongst those offered.
--
Peter Parry.
http://www.wpp.ltd.uk/
.
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