Who is responsible for transit of returned goods?

[EsseEsse]

Actually it's not quite as simple as the title makes out. I'll keep it brief as poss:

I'm an artist operating as a sole trader. Occasionally I'll get sent products (collectable cards) with my art on, from the US, for me to sign and return. These products are the property of individuals, sent to Person A in the US who packages them all up and sends them to me here in the UK. I sign each one and return the package to Person A, who then redistributes the products to their owners.

What I'd like to know is, who is legally responsible should the package be damaged or stolen in transit on the return UK to US (with US couriers this is commonplace)?

Of course there is the option of insured return, but this is impractical because of the enormous cost (£200+ for a 2kg package).

Person A is happy to have me return the package to him standard, uninsured post, but if I'm responsible for loss or damage that's not much use to me. Now because the package contains products from well over 100 individuals they'd have to sue me individually for any loss or damage, which is highly unlikely, but even so I'd like to know where I stand legally.

[atticus]

I doubt there is a simple answer. You are contracting with US customers, so straight away are opening up complicated arguments as to which country's or even state's law applies. Postal services generally have terms which limit liability for loss.

For certainty, you should consider having a bespoke contract drawn up specifying who is to bear this risk. Another possibility might be to check whether any business insurance you have would cover this risk, or whether such insurance can be obtained.

[EsseEsse]

I doubt there is a simple answer. You are contracting with US customers, so straight away are opening up complicated arguments as to which country's or even state's law applies. Postal services generally have terms which limit liability for loss.

For certainty, you should consider having a bespoke contract drawn up specifying who is to bear this risk. Another possibility might be to check whether any business insurance you have would cover this risk, or whether such insurance can be obtained.

Thanks. It is tricky, because although I believe my contract is with Person A, I'm unsure whether in law I can absolve myself of responsibility for items I send, even if a contract is drawn up. I know that a UK business could not include that in their Ts&Cs for items they sell (or they could, but it would be moot), but I am not actually selling items, just returning them.

In terms of insurance, I don't think insurance (either via the courier or business) would work on account of I'd need to provide proof of value, and that would involve obtaining hundreds of receipts from hundreds of individuals in the US, which is not practically possible. On the other hand, this very fact means he would be unlikely to be able to claim against me!

For the sake of a couple of grand I think I'll just give it a miss! I've done it several times in the past but last time the package was opened (I assume by US mail staff) and some of the contents stolen, hence my being wary now.

Anyhow, thanks for the input.

[atticus]

You are unsure whether in law... But which law applies? UK or one of the United States? You don't know and nor do we.

I made my comments bearing in mind that you have said that you are a trader, and it appears that Mr A is also conducting a business, i.e. neither of you are acting as consumers.