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Gun Damaged in Shipping Who Pays?

CJS10
Consider a rifle well packed to UPS or FedEx standards. Insured but it gets the stock broken in half by mishandling by the carrier. What happens? Sure the carrier can pay the repair cost but the rifle is no longer collectible and looses value. Does the buyer have to take it (and the insurance money) and the loss? Or does the seller have to take it back? I read that US code says the shipping is by FOB, or freight on board by the shipper. After that it is all on the buyer what ever happens in transit. What is the law? What is industry standard?
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Comments

9 comments

Date Votes
  • llama
    Whoever shipped it has to file the claim ...
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  • countryfarmer
    The person that ships files the claim and collects on the payout. Then they can repair or fix the gun to their liking.
    The buyer gets refunded on gun purchase price.
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  • Spider7115
    The seller is responsible. If the gun is damaged, it's no longer in the condition as represented and the buyer has no obligation to complete the purchase.
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  • nmyers
    Yes, but......

    I still don't see where you guys said what happens. Let's say we are talking about a broken stock on a $1,000 rifle, insured for $1,000. Assuming the carrier acknowledges that it is responsible, does the carrier send the shipper a check for $1,000? If so, does the carrier keep the rifle, or ship what's left to the shipper? Or, if the shipper says he can get another stock for $350, does the carrier just give him a check for that, plus the rifle?

    Neal
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  • sandwarrior
    In most cases you insure it for replacement value. That way, your $2000 rifle that you paid $1000 for is fully replaced for you to go out and find one in like condition. If the shipper tries to get it repaired for a reduced cost then they are cheating you. Because you have lost $1000 collector equity. Don't let them do it.

    Once they have paid for the whole kitten kabootle, it's theirs. That's why you see shipping/moving companies send out flyers every 6 months or so with a list of all this furniture they are selling. In a lot of cases they just sell the stuff as damaged. In many cases though, they cherry pick the better stuff and repair it, or buy it themselves first.
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  • oneoldsap
    They really fight you tooth and nail on guns , because they don't want them . The shippers have no way to sell/salvage guns as they have no FFLs and don't have much of any recourse . Now there's an idea , contract with the shippers to dispose of their guns in the most profitable way possible . Including buying them outright .
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  • 11b6r
    As said, shipper files claim, refunds money paid to buyer. If the shipper's insurance pays the claim, they have the right to the 'salvage"- the damaged gun. Before turning a modern firearm over to the shipping company/ their insurance company, I would ask them for a FFL to transfer the firearm TO- epecially if that gun is crossing a state line.
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  • slumlord44
    Had this happen once. UPS broke the stock on a Stevens Tip Up rifle. UPS eventualy paid the shipper in full. UPS wanted me to turn over the gun to them since they paid for it. I am an Illinois resident and used my C&R liscense to buy the gun. I advised UPS that I would be glad go give them the gun but in order to legaly transfer the gun to them out of my C&R book I would have to turn it over to an FFL, a C&R holder, or someone with an Illinois FOID card. The finaly told me to keep the gun. I had the stock professionaly repaired and ended up with a bargain gun even with the repair.
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  • kimi
    It's good to finally see so much agreement on this issue which was often disputed in the past.
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