Responsibility When Shipping

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Kianga1971
Posts: 46
Joined: Tue Feb 17, 2015 7:06 am

Responsibility When Shipping

#1 Postby Kianga1971 » Wed Sep 05, 2018 12:11 pm

Hi All,

I just have a question on who the responsibility sits with if you were to purchase an F Open rifle through a website such as this and on opening the box sent buy the sellers dealer, your dealer reports that the stock is cracked at the pistol grip.
What action can be taken?

Cutanything
Posts: 138
Joined: Thu Feb 25, 2016 11:07 am
Location: Qld

Re: Responsibility When Shipping

#2 Postby Cutanything » Wed Sep 05, 2018 1:23 pm

Transport company should be fully liable for damages that’s way freighting cost so much because of insurance

KHGS
Posts: 633
Joined: Thu Oct 20, 2005 12:46 am
Location: Cowra NSW
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Re: Responsibility When Shipping

#3 Postby KHGS » Wed Sep 05, 2018 5:26 pm

Cutanything wrote:Transport company should be fully liable for damages that’s way freighting cost so much because of insurance


They aren't, I can assure you this is the case from personal experience!!! You must carry seperate insurance or carry the risk!!!! I have a "goods in transit" policy to safeguard my customers. Licensing requirements are that firearms must be sent dealer to dealer, if this is not done & a rifle is lost in transit the sender & receiver are liable to prosecution under the act!!!!
Keith H.
Geriatric Gunsmith.

ShaneG
Posts: 443
Joined: Fri Jun 15, 2012 2:25 pm
Location: Cairns
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Re: Responsibility When Shipping

#4 Postby ShaneG » Thu Sep 06, 2018 12:40 pm

KHGS wrote:
Cutanything wrote:Transport company should be fully liable for damages that’s way freighting cost so much because of insurance


They aren't, I can assure you this is the case from personal experience!!! You must carry seperate insurance or carry the risk!!!! I have a "goods in transit" policy to safeguard my customers. Licensing requirements are that firearms must be sent dealer to dealer, if this is not done & a rifle is lost in transit the sender & receiver are liable to prosecution under the act!!!!
Keith H.
Geriatric Gunsmith.


Keith is exactly right - you will struggle to extract anything from freight companies or airlines.
We have the same policy as Keith to cover "goods in transit" which we despatch from our shop.

Tim L
Posts: 343
Joined: Mon May 19, 2014 7:11 pm
Location: Townsville

Re: Responsibility When Shipping

#5 Postby Tim L » Thu Sep 06, 2018 11:10 pm

To answer the original question, responsibility lies with the sender. The receiver, unless they posted it to themself, has no contract with the carrier.
The seller has a contract with you to supply a rifle and under Australian consumer law, if it is not fit for purpose or substantially deviates from description you can return it, at the sellers cost, and receive a full refund.
It would then be for the seller and dealer to sort it out, depending on who posted it, because the bottom line is that only the sender has a contract with the carrier.
Worth remembering this when your dealer asks for $60 to cover what Auspost charges $45 for. How much does Auspost add for $5k insurance?


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