Buyer Waives Insurance, Package Lost, I'm Liable. Protecting Myself Going Forward

[bgrubaugh]

I shipped a package internationally.  The buyer did not want detailed tracking or insurance (it cost too much).  I misinterpreted protection to say that once I shipped, I was clear.  However I now know it requires me to prove the package was delivered.    The Shipping shows that it made it as far as Miami before going international. USPS says it's out of their hands, I can't file a claim, and that's the end of it.  The buyer filed a dispute, I lost.  

I want to protect myself in the future. The most direct way of doing that is to only sell to those that are willing to pay for tracking and insurance.  

I'm interested if there's another way.  There's a "Terms and Conditions" section of the invoice forms I send to customers.  

My question is whether that is legally binding.  Can I include a disclaimer that the onus is on the buyer to pay for detailed tracking and insurance, and that if they choose not to, they waive their right to file a claim if I can prove the package was shipped and lost by USPS?

[Whac-A-Mole]

iT is the seller responsibilty to deliver the goods in good order,tracking,signature and insurance protect the seller,there fore seller pays for insurance and shipping with trcking and signature.

You should charge enough to cover insurance,shipping with tracking and if $750 or more in payment,signature confirmation.

Some sellers will ship without tracking overseas but buy insurance,some will use private carrier which has tracking,some use Ebay GPS -global shipping program.  

[Whac-A-Mole]

what you said is not legally binding,Ebay and Paypal and credit card issuer policies trump yours.   

[bgrubaugh]

Then I will ask a more open ended question, is there anything I can do to protect myself from lost packages other than insist that the buyer pays for detailed tracking and insurance.

[Whac-A-Mole]

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@bgrubaugh wrote:

Then I will ask a more open ended question, is there anything I can do to protect myself from lost packages other than insist that the buyer pays for detailed tracking and insurance.

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Carriers have insurance or indemnity for loss or damaged packages up  to a certain amount.

USPS priority and express offer up to $50, $100  or more insurance,check to make sure it covers intl shipment,you can buy more but you have to pay.

Private carrier likes Fed Exp does not offer insurance,they offer indemnity $100 for non jewelry,and $1000 for jewelry ,you buy insurance from third party insurer such as ship insurance and U-PIC.

USPS registered mail also offer insurance.

Dont bother to ask buyer if he wants insurance and tracking,insurance and tracking protects you not the buyer.  

[Whac-A-Mole]

Ebay and Paypal both offer seller protection,read all about it at their sites.

item not as described,item not received and unauthorised transaction. 

[Whac-A-Mole]

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@bgrubaugh wrote:

Then I will ask a more open ended question, is there anything I can do to protect myself from lost packages other than insist that the buyer pays for detailed tracking and insurance.

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you do not ask the buyer if he wants insurance or tracking.

Both are for your protection,he paid you for the goods and expect to receive them in good order.

if the goods do not arrive or arrive damaged,he would demand replacement or money back. 

[DPCreations]

When you list an item for sale, it is your responsibility to select the shipping method which best for YOUR business interest and risk..  That means you determine shipping price WITH tracking to the buyer (make sure you include a handling charge).  The buyer only decides "yes" or "no" on the item cost and S & H; it's not up for discussion with the buyer.

When someone asks for international price from U. S.  I consult USPS.com for pricies; it will always be Priority Mail.  I also want the buyer to receive the item in good time.