I stand corrected in that it is the sellers responsibility to make sure the item arrives but in the end this transaction would still not be the sellers responsibility because the buyer accepted delivery. Once the buyer accepts the package it becomes the buyers responsibility. The buyer should not have accepted this package in the condition it arrived in.

 

which is what i been saying the hole damn time. he excepted it. his lose. and again if it was not insured then the seller needs to send the buyer the missing pieces. and again if it was insured then the carrier needs to pay the costs. weather it comes from the carrier to the buyer or from the carrier to the seller and then to the buyer it does not matter. the carrier pays the lost goods in the end. not the seller.

 

Nonsense. You often don't know if the contents are damaged (or even all there) until after you open the package and you can't open the package unless you accept it (assuming it was sent with signature required).

This I agree with. However, I missed the place where anyone said that the buyer signed anything to accept the package, so I'm not sure if this is relevant. Plus, that would have done the seller no good in this case, because the package would have gone back to him, sans wrenches, and now he'd be out the shipping and still needing to file a claim to get reimbursed for the wrenches and/or the shipping.

 

Yes! The shipper should ultimately pay. That's not the issue. The question is which of the buyer or seller must deal with the shipper and what happens while waiting for the shipper to act. The answer is: the seller must deal with the shipper and the seller owes the buyer some wrenches or money without waiting for the shipper to act.

 

Thanks All. The seller found an extra set and sent the tools to me. I received them over the weekend. appreciate everyones input on this situation.