By Rabbi Meir Orlian | |||
#31 |
Toldos |
5.11.2010 |
רלב כא |
Q: I bought a 220V fridge and smaller, universal voltage appliances for aliyah at the local electronics store. If they are found defective after unpacking in Israel, who bears the shipping costs of the items?
A: Although the seller or manufacturer must refund or replace the item(s), they are not halachically responsible for the incurred shipping costs or for the fact that customs authority may not allow items in without taxation. If it’s not worthwhile for the customer to import a replacement, he can ask for a refund instead. [U.S. law, however, does seem to allow for some consequential damage.] Only if the seller was aware of the defect and that the person was planning to take it overseas is he responsible for incidental damage caused, based on the concept of garmi (directly caused damage).
On the other hand, the cost of shipping to return the defective fridge from Israel is the seller’s responsibility. However, if the buyer didn’t notify the seller that he intended to take it overseas (as with the smaller appliances), then he must return them to the seller (C.M. 232:21).