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<p>[QUOTE=&quot;GDJMSP, post: 651985, member: 112&quot;]Wasn&#039;t any need to, I knew you&#039;d do it. Now, let&#039;s take a look at what you have here.</p><p><br /></p><p><br /></p><p><br /></p><p><br /></p><p>The latter is an arguable point, it is not the buyer&#039;s &quot;duty&quot; at all. For according to the contract you are using as an example, it says quite plainly - <b>Shipping Insurance - US $2.60 Optional</b> So the buyer has no duty whatsoever to pay for seller&#039;s insurance - the contract clearly states it is optional.</p><p><br /></p><p>But I will grant you, there is a contradictory clause in the contract, this one - &quot;ALL BUYERS MUST INSURE THERE ITEMS PLEASE DON&#039;T BE UPSET BECAUSE YOU DIDN&#039;T READ THIS&quot; - and this one - &quot;WHEN PLACING A BID YOU ARE AGREEING TO ALL MY AUCTION TERMS&quot;</p><p><br /></p><p>&quot;Buyer pays insurance on all invoices&quot;</p><p><br /></p><p>Now the question is, in a court of law which clause would take precedence ? Purely a guess on my part, as it would be on your part to state otherwise, but I suspect that a judge would rule both clauses to be null and void because of the direct contradiction.</p><p><br /></p><p><br /></p><p><br /></p><p><br /></p><p>Not sure what you think you mean by this comment. But in any case there is a specified delivery location - the address that the buyer provides. No, it is not in the seller&#039;s portion of the contract as it could not be for obvious reasons. But once the buyer pays for the item, he then provides the seller with his address. The communication of that address then becomes a part of the contract.</p><p><br /></p><p><br /></p><p><br /></p><p><br /></p><p>Discussed above, clearly contradictory clauses.</p><p><br /></p><p><br /></p><p><br /></p><p>Agreed.</p><p><br /></p><p><br /></p><p><br /></p><p>This is where you are wrong, there is a specified place - the buyers address. Once provided to the seller, by whatever means, that information becomes a part of the contract. </p><p><br /></p><p><br /></p><p><br /></p><p>You&#039;d get no argument from me on that for the buyer does agree to the terms by placing a bid.</p><p><br /></p><p>I&#039;ll give ya credit, you went and found an auction where the seller covered his butt with his contract terms. Too bad he has that contradictory issue in there though. In court, that just might screw the whole thing up. No way of knowing - we can only guess.</p><p><br /></p><p>It is also too bad that this seller is maybe 1 out of a million sellers on ebay who adds such language to his auctions. All those who don&#039;t, have to do exactly what I have been saying all along - now don&#039;t they Ben ?[/QUOTE]</p><p><br /></p>

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