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That's just what couriers do. Guitars are delicate, which is why it's so hard to insure them whist they're in the hands of couriers.
I don't really get the plumber analogy. Couriers have T&Cs, most likely any loss or damage will only entitle you to a refund of the shipping costs. They might be clumsy but they're not stupid.
Other than excluding liability for injury and death (and a few other things that are irrelevant to this) UK law allows for limiting of liabilities by contract.
https://speakerimpedance.co.uk/?act=two_parallel&page=calculator
So I sent them an email
"Dear Sirs
I was looking at your tems - Art 6.2 in particular.
Can you confirm how you define "online marketplace" please? I understand that services like ebay would be an online marketplace, but there are some guitar forums where private sellers have to pay a small fee or subscription to be able to sell.
It's no different to a fee for putting a private advert in a newspaper. The website owners do not get a cut of the sale proceeds or take any interest in the transaction at all. Would that be considered an online marketplace and thus mean you would decline cover? What about classified adverts where the website does not charge a fee at all? Would that be different?
Perhaps your list of definitions could be updated to clarify that.
Thank you, and kind regards"
And I got an answer
"Hello
This article applies especially to eBay sales. You can insure guitars that were sold on a guitar forum.
Should you need more information, please let me know.
Kind regards,
Marie Vastel | Account Manager
E : marie@secursus.com
W : https://www.secursus.com"
So that bit is clarified. Still need to make sure their strict packaging requirements are met.
TBH if I ship a guitar and it's going in a guitar box I tape over all the logos and stuff anyway.
https://speakerimpedance.co.uk/?act=two_parallel&page=calculator
Eqd Speaker Cranker clone
Monte Allums TR-2 Plus mod kit
Trading feedback: http://www.thefretboard.co.uk/discussion/60602/
- we are selling apples
- however if you don’t get an apple, or if the apple is a pear, or if the apple is damaged beyond use, then we are not liable but you still have to pay. All we endeavour to do is send you something, in fact we might not even send you anything at all and we are not liable.
but what would be would be an expectation that if you pay for an item to be safely couriered to a location, that the standard duty of care is that basic tenet.
Even in a city the size of London, and with superb marketing skills, I suspect a 'musical instrument taxi' would spend most of each day sitting around, waiting for a job to come in. Too specialised a service IMO.
They limit it.
So you agree to terms that if the item is delivered damaged they only have to pay £50, or if it’s completely lost, say £100.
Perfectly legal and enforceable. Freedom of contract means the sender doesn’t have to book them, and they accept those terms.
So there is a duty of care and if that is breached the compensation limits have already been agreed by both parties in advance.
https://speakerimpedance.co.uk/?act=two_parallel&page=calculator