The issue is simply not limited to who is at specifically at fault for the damage. The issue is who is responsible for the specific loss, solely between the two engaged in the transaction, and entirely apart from any third parties involved. The seller is always responsible. Always. End of story. No debate. That is how eCommerce and shopping by mail, as well as any FOB shipping has always been, and always should be. See the policies of the two major person-to-person eCommerce sites that I posted as an example. Actually just find me any one doing business in the United States that doesn't engage in business that relies upon shipping their product with such a policy as you seem to advocate, and I'll show you a business that will not last very long. I cannot speak for how business is done in Europe or Asia, but I'm sure glad it is not done as you seem to advocate. So you conveniently avoided answering any questions in that response, and just continued to chum the waters.... in that scenario I described you'd be just fine with receiving a TV in pieces and being left high and dry to sort it out with the shipper who actually broke the TV by yourself? You would not expect Amazon to take care of that and ship you a replacement or refund your purchase ASAP? And when you pursue the claim, and the shipper refuses to pay you because, they tell you, the factory packing for the TV was not up to their standards (frequently a claim with shippers in such disputes), are you going to be satisfied with that outcome? I'm sure no one would....at least no one I know of.