[78-L] Filing USPS insurance claim-Good news-Bad news

[David Lennick]

My brain hurts....

dl

On 4/3/2011 5:16 AM, Benno Häupl wrote:
> .
> dl,
> how can you be the contractual partner of the insurance company if you have not signed for it?
> The seller did. You may possibly receive a package and you don't even know if it is insured or not.
>
> Let's assume I send you a package, and you agree to get it uninsured. I send it insured nonetheless.
> If it were you who is the contractual partner of the insurance company, how is it that you don't even
> know that you have an insurance contract and committed yourself to some obligations from this contract?
> If I as the seller sign for insurance, it's me who knows that I have rights and obligations from such
> contract.
>
> On the other hand, it's the seller who is your contractual partner (you being the buyer). He is the one
> you have to file your claim with.
>
> You cannot acquire property of an object until you have it physically in hands. During that transit time,
> USPS has 'temporary ownership', because they have physical control over the package, but they are
> not the proprietor.
>
> The rights that you have between the time of purchase and the moment of gaining physical control of
> your property, is that you can insist on fulfilment - possibly including rights to be compensated for any
> prejudice.
>
> The buyer has no control of packing, shipping etc. until he physically receives the parcel. Therefore he has
> no responsibility for safe delivery. It's the seller who has contracted USPS, and  USPS acts on behalf of the seller.
>
> All mail and parcel post is delivered 'DAP'. That's the Incoterm for 'Delivered At Place'. Incoterms are
> generally used for commodities that are shipped by containerloads or shiploads. You may have heard of
> FOB (Free On Board), EXW (Ex Works), FAS (Free Alongside Ship). Well, mail and parcels are legally
> DAP (Delivered At Place). These terms and conditions have been standardized by the International
> Chamber of Commerce, and the Postal Organizations on the globe agreed to treat all mail DAP (Delivered
> At Place).  When you use USPS or any other common carrier, you always agree to 'DAP'.
>
> All this is exactly the reason why eBay and PayPal implementedyou their 'Buyer Protection' for items not
> received or items damaged in transit ('Significantly Not As Described'). The buyer gets full refund because
> it's the seller's records who got damaged.
>
> Benno
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