Legal Question in Civil Litigation in Texas

Paying Shipping Costs On Refused Products

Seller and I made an agreement for 113.90 for shipped items. I kept trying to get in touch with them. When I didn't get a responce I filled a complaint with paypal and my bank to mastercard. They told him to send the product. I at this time had bought other products to make up for the ones I didn't have. Told paypal I didn't want the products but I asked for a refund. The seller shipped the goods and I refused to take them in. He is stating that I still owe him for the shipping even though he never stated I had to pay for shipping that it was all included for the 113.90. UPS claims that it's the sellers responciblity not mine. Just wondering who is right and wrong here.


Asked on 10/16/03, 8:35 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Paying Shipping Costs On Refused Products

The first thing is to determine whether the sale was FOB shipper's dock or FOB buyer's dock. That settles who has title to the goods and when, and who is responsible for the shipping costs.

The second is to determine whether the seller's delay in shipping breached your contract, if your cover of the delayed shipment was reasonable, and whether your cancellation of the subsequent shipment was within your right.

The shipper apparently is responsible for paying the freight charges. Whether you have an obligation to reimburse him is not clear at all.

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Answered on 10/17/03, 10:37 am


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