|
Who is responsible for shipping loss?
This is not a hypothetical example, but rather a real problem.
New telescope, purchased from an Australian retailer operating a registered business. Telescope was fully paid for in advance.
Retailer shipped the telescope to the buyer, using a carrier of the retailers choice, and the buyer was not consulted in that decision..
Telescope parcel was shown on the carrier company's tracking (briefly) still in the retailers same capital city in transit.
Tracking stopped within two hour of starting.
One week has elapsed with no reappearance on the tracking system.
Attempts to trace the shipment by the buyer directly engaging with the carrier have been fruitless and frustrating.
Normal transit time to destination by most carriers would be two days.
Buyer requested the retailer to engage with the carrier to track down the telescope, retailer forwards the request to his carrier agent (Pack and Send). Nothing heard back from either Retailer or Pack and Send after a business day passed.
Questions sent to the retailer regarding insurance have gone unanswered.
Questions:
Who is currently responsible for the telescope? Reminder that the buyer has never taken ownership.
What liabilities apply to whom, in this situation?
What remedy is available to the buyer?
|