โActually, eBay buyer can only select the offered options. It is the seller who chooses thoseโ.
Where in the in the eBay policies does it say that if you buy on eBay you waive your statutory right to tell the sell the arrangements you want made to ensure safe delivery. That is where in the policy does it say you canโt say to the seller, I want it delivered by XXXXX, this is their contact number, please find out the cost and then reconfigure you invoice, and once received, Iโll pay.
โThe simple fact remains, if the item arrives broken and AP deems it packed inadequately, it is the seller who packed it and therefore is responsible
Now by my count that is exactly what I have said at least three times in this thread.
โNo registration or insurance will cover item that is not adequately packed. registration and insurance only protect against non-deliveryโ.
You really need to understand the difference between โinsuranceโ and a โright to recoverโ. If you insure something, any risk in connection with that something has been โunderwrittenโ: that is transferred from the insured (you) to the insurer (the insurance company). Therefore if the item is insured you are entitled to be compensated for any loss or damage to the insured item irrespective of cause. That said, some insurance policies do contain exclusions. For instance your comprehensive car insurance policy may include a preclusion clause that says youโre not covered if the cause of the accident was because your capacity to drive was impaired by alcohol or drugs, or your house and contents insurance may say youโre not covered if you house is broken into and you donโt have dead locks fitted to all external doors or windows.
On the other hand a right of recover means youโre only covered if the reason why something you own was lost or damaged because of someone elseโs negligence (fault).
So letโs look at your example in light of the above,
You buy something and it arrives broken but you didnโt insure it. You take the item to Aust Post and they say sorry, it broke because it wasnโt packed properly. In such a case you have 2 alternatives. You can dispute APโs decision that it wasnโt their fault, or if you agree the packaging was inadequate, you can initiate a small claims recovery action against the seller. However, if it if arrives broken and you did insure it, you lodge a claim with the insurer who pay your claim irrespective of whose fault is, in the same way as if your car got damaged or house got broken into. Isnโt that the reason why you pay for insurance.
However, now that the claim has been paid, as far as the insurer is concerned that is not the end of the matter, because, if they establish that the loss or damage was because of someone elseโs negligence they would have a right of recovery against the negligent party, and in fact every insurance company has procedures in place which allow claims officers to identify potentially recoverable claims, and a separate department, called a Recovery Section, whoโs job it is to get the insurance companyโs money back.
That is if you are the driver of the other vehicle and the vehicle you were driving was not comprehensively insured and the accident was your fault, the other drives insurance company will pay for the repairs to the insured vehicle and then give you 30 days to pay and if payment is not received within the time allowed itโs see you in court. This is called a recovery.
If you light a fire on your property and it spreads and burns someone elseโs house down, then their insurer will pay for their house to be rebuild. and will then present you with the bill giving 30 days to pay or see you in court. This is called a recovery.
If you buy something on line and delivery is insured and it arrives damaged just as in the first two examples, the insure pays the claim, and if they are of the view that the item was damaged because the packaging was inadequate, they will then present the seller the bill giving them 30 days to pay or its see you in court. In the alternative if it was the carrier who was at fault, the recovery action is initiated against the carrier.
Finally if you buy something on line and delivery is insured and it doesnโt arrive at all, then as with the previous 3 examples, the insurer pays the claim, but this time, unless the buyer chooses a receipted delivery option, negligence would be near impossible to prove. That is the reason why no sensible insure would underwrite the risk of non receipt unless pays for the item to be sent, at the very minimum, by registered post. Registered post, not because of the inherent additional insurance cover. Registered post, because if youโre not home it canโt be placed at risk of being stolen after delivery because it was safe dropped.
The point, the words โInsuranceโ and โrecoveryโ have specific legal meanings, and those meanings seem to differ from what you appear to assume they mean, or believe they ought to mean.
