At the risk of starting another anti-law, anti-lawyer tirade I feel compelled to explain what the law says about this issue, at least as I understand and interpret it.

Every state in the U.S., as far as I know with the possible exception of Louisiana, has adopted the Uniform Commercial Code. That statutory scheme covers sales of goods and, in particular, who bears the risk of loss in shipment. The rules are relatively simple:

1. If the seller is not a "merchant", i.e. a person engaged in the regular business of making sales, then the risk of loss in shipment passes to the buyer on delivery to the USPS or other carrier.

2. If, on the other hand, the seller is a "merchant", then the risk remains with the seller until delivery is complete.

And, that is why you can and should expect Dell to get your computer delivered at their risk.

Most chip sellers like us are not "merchants" and do not bear the risk of loss in transit.

All of the foregoing, of course, can be modified by agreement. That is, a "merchant" can state, in the ebay listing, that the risk of delivery falls on the buyer unless the buyer agrees to pay for insurance. Similarly, a prudent non-merchant chip seller can insist that his buyer purchase insurance even though the risk is the buyer's, simply to avoid hassles.

Finally, remember that this advice, like all free legal advice, is worth what you paid for it. This is my read of the law and, as is true in one or two other areas, I could be wrong!!

I'd be interested to hear what Prof. Lewin and other lawyers on the board have to say about my views on this issue.

Cheers.