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on 14-02-2013 05:52 AM
I am glad you mentioned contract.....It is in the way you use the legislation.
By offering more than one postage mode ie. regular. registered and registered with insurance then the buyer decides the most appropriate postage and authorises the postage mode by paying the invoice.
The selection by the buyer demonstrates informed consent
If the seller only offers one form of postage then although the buyer has authorised the postage the contracted service may be deemd inappropriate and even though the buyer has authorised it the seller selected the sole alternative and does not necessarily demonstrate informed consent by the buyer
If the sellers terms and conditions include the explicit time that the title changes hands, the risk that is involved and who is liable and the recommendation to use a more secure delivery mode then the buyer has given informed consent, chosen the mode of freight and agreed to the terms of the contract.
If a seller does not include any terms and conditions in their contract then regardless of the mode of freight, deemed delivery or whatever they can expect a flogging in the small claims division of the local court because the terms of deklivery were not clearly defined in the contract.
http://www.lawlink.nsw.gov.au/lawlink/lawaccess/ll_lawassist.nsf/pages/lawassist_whos_who_in_court
Happy to agree to disagree however I will not be altering my t and c's or opinion anytime soon.
I wondered if you could give any other reasons why the companies I highlighted in a previous post included the terminology in the delivery terms and conditions other than to reinforce the contract rather than relying on the common law points that the SOGA already provide??