Message:

<p>[QUOTE=&quot;satootoko, post: 221743, member: 669&quot;]True, if there is no modification of that responsibility in the actual contract.</p><p><br /></p><p>However, a fundamental concept of the law of contracts in a common law jurisdiction (including the US, each state of the US except Louisiana, Canada, England, etc.) is that the contract between two parties is what <u>they</u> say it is, unless it violates a specific statute.</p><p><br /></p><p>When a seller (at auction or otherwise) says &quot;You pay for shipping, and I won&#039;t be responsible for delivery unless you insure the merchandise&quot;, and the buyer, by entering a bid or otherwise, says &quot;It&#039;s a deal&quot;, then unless there is an applicable law saying &quot;A seller&#039;s responsibility for delivery may not be waived&quot; you have an &quot;FOB Seller&#039;s place of business&quot; contract.&nbsp; </p><p><br /></p><p>Consumer laws sometimes do restrict the right of the parties to alter some implied contract conditions, but none of the dozen or so states whose consumer laws I am familiar with from my years as counsel for banks and finance companies involved in multi-state operations, prohibits the agreement to limit seller responsibility for delivery; and the Uniform Commercial Code and similar laws expressly authorize FOB contracts.</p><p><br /></p><p>Another important factor to keep in mind any time you are dealing with a counterparty outside your immediate geographic area is the practical difficulty of enforcing any breach of contract by a distant party, which often (not always) will require you to resort to the courts where the other guy is, not where you are![/QUOTE]</p><p><br /></p>

Your name or email address:

Do you already have an account?

• No, create an account now.
• Yes, my password is:
• Forgot your password?

Stay logged in