>>The terms you set forth allowed the buyer to save a few extra dollars if he declined insurance. He as a bidder accepts the terms of the auction when he bid on the item and won it.

Its not so cut and dry as you say. If you take a look at Michael's auctions you will see that he lists a Shipping and handling price in his auction descriptions, and makes no mention of insurance.

So he agrees to ship for $2 and the bidder then bids based upon this information. In a subsequent email AFTER the auction is over the Seller adds "If you want postal insurance add $1.10" lets say he even goes so far as to actually say "If you don't purchase insurance I am not responsible for lost or damaged items."

The bidder made his bid in view of the postage charge. Now the seller is changing the terms. If the seller wishes to take this "Buyers Risk" approach he should say so in his auction description so that the bidder knows before bidding, as you do in your auctions.

Just out of curiousity, if a buyer gets a cashiers check to pay you (lets say that cost him $1) and then mails it to you and it gets lost in the mail who eats the $1 plus what ever cost of tracking and canceling the cashiers check? Would it make a difference if they offered to let you buy insurance first?

I have often wondered why so many sellers believe it is so fair to eliminate all risk to them (at the buyers expense) by such policies as holding merchandise until a check clears, requiring the purchase of insurance, not accepting credit card payments (where the buyer has some recourse) because they can't pass on the fees to accept the card, and use of terms such as "AS IS". At the same time they expect the buyer to take the HUGE risk of sending their money off to a total stranger in another state with no real indicia of reliability, and usually no realistic recourse.

When a seller says "Why should I take the risk of loss or damage during shipping" my answer is:

1) The seller is better able to control the risk issues. It is the Seller who packages the item and chooses the shipping method. It is the Seller who addresses the package. The Seller who decides if he will throw it in a mailbox or drive down to the post-office and hand it to a clerk.

2) The buyer has already taken a significant risk.