Wondering if anyone had made a deep research in how responsibility determined if something goes wrong with flashlight transportation with li-ion in it (vapcell h10 showed that li-ion can bring unwanted surprises) ?
I looked into acebeam and noticed that they require you to agree with their term of service which states:
7.4 When you make a purchase, you agree that the risk of loss transfers from acebeam to you from the moment we deliver your order to the carrier.
You will bear all related liabilities and risks during the third-party transportation of your order.
Wondering if other sellers require same term of service or it is acebeam specific? Which make thing worse acebeam often do not provide option to sell a light without battery.
If I read your post correctly, you are not asking whether Acebeam will refund you for a lost package.
Your question seems to be related to LiIon safety, and that Acebeam denies responsibility if a package blows up, during transportation, before it is delivered to you. Is that correct?
fwiw, I have NEVER hear of a package containing LiIon blowing up during shipping.
I know you dont feel safe about the risks of LiIon. That is your prerogative. So.. just dont buy lights with LiIon..
otoh, if you are open to getting comfortable with LiIon.. then I dont think the Acebeam disclosure is a problem, because I have NEVER heard of a buyer being sued by the carrier for a LiIon blowing up.
imo, Acebeam just has some clever lawyers who want to protect Acebeam. But I do not think the carrier would have any luck trying to sue the buyer if a package containing LiIon blows up.. I have NEVER heard of a buyer being sued by the carrier, for a package that blew up before being delivered. I also have NEVER hear of a package blowing up during transport to the buyer..
And yes, I do know about the problem with H10 batteries. But those issues did not happen during shipping.
I do use LiIon, and I confess it took me a while to get comfortable with the Fear, Uncertainty and Doubt, regarding their safety. I respect that you are concerned, and that you should do whatever makes you comfortable. You do not HAVE TO buy lights with LiIon batteries if you are not comfortable.
Correct my key point that if li-ion catches fire in warehouse who will be responsible? It could happen unfortunately and most likely just a matter of time.
I personally do not care if I lost light which cost even 50 bucks it sucks but no big deal but if a fire cause big damage to warehouse it could be in millions theoretically
with all due respect, it is a long stretch of the imagination, to think that You would be responsible if a package you never received blew up in transit.
I dont think the carrier would have any grounds to sue you. Disclaimer, I am not a lawyer and Im not giving legal advice on the internet.
imo Acebeam’s lawyers are trying to protect Acebeam. But I dont think you would be responsible, regardless what the Acebeam lawyers put on their webpage.
Maybe ask Your lawyer, if you would be responsible if a package you have never received, blows up in a warehouse. Hopefully your lawyer can help answer your legal concern.
They have insurance.. imo there is no chance You would be liable. Ask your lawyer.. let me know what they think.
Agree. So in that case I wont buy a light if company require me accept all liability during shipping and wont provide an option to buy light without battery. In acebeam case you can not select to not include battery in site ui. At least I do not see it. For example I considered tac 2aa so if they provide me a option to buy it without their proprietary battery it would be even better since on 2 eneloops it still provides around 400 lumen which is good enough and is the ceiling for its thermal limit anyway.
I am fine with Li-Ion and already have like 10 batteries mostly protected 14500. Trying to respect this thing and handle them carefully.
Yeah but it works both way. I personally can not sign on something that asymmetrical. They have choice to raise prices by say 5 bucks and buy insurance and not ask clients to sign on it.
For me personally if seller require me to sign on the deal where I am responsible for all thing goes wrong in shipping with thing we know which could go wrong I am out
There is a transaction/agreement between two parties in which you, the buyer, buy an item from a seller.
You place an order for a certain item and pay the seller. At that point you have done everything one can ask for.
After the seller has received your money, its up to the seller to make sure the item comes at your disposal. Fully functional etc.
That means that the seller is responsible for what happens to the item while in transit.
The seller may have a separate deal with the shipper, but that is not your concern. You only have a deal with the seller (same goes for warranty).
It is quite possible that in coming to the agreement with the seller you click a certain page where, hidden in the fine print, the seller ultimately agrees that he/she is only responsible for receiving your money and nothing more.
But there are laws to protect consumers and that’s what finally matters. Not the clever fine print.
There is one aspect that can lower the burden for the seller. If at a certain point you have to choose the shipper, it can make you more responsible for what happens to the item when in transit with that shipper. So I always go for “standard” which leaves the choice and responsibility with the seller.
When things happen, law comes first, then interpretation of the law, case law, traditional trade habits, fine print.
Because ultimately everything has to comply with the law. And the law says your responsibility starts when the item is in your hands.
In my world I do not become the owner until it lands on my doorstep and has been removed from the box.
Then liability is assumed to me.
Until then it is between the sender and the shippers. Their laws are way different in china than here in the USA anyway so really BFD what their terms imply.
JMHO.
Bottom line, if this scares you, Do Not Order.
This isn’t really about a battery.
Delivering products to some countries and locations can be difficult. There may be tariffs involved, there may be other hidden fees. Ace beam can’t possibly always know in all countries what issues with delivery or fees may come up. What they are saying is if there are liabilities such as fees before you can get your product from your final mile carrier you may be responsible for those liabilities (fees).
This is why some companies won’t even attempt to ship things to certain countries.
I haven’t bought anything from Acebeam in a long time but I suspect there may be the option to purchase shipping insurance to some more locations. You may or may not have options to choose from in how it is shipped to different countries. The same disclaimers apply whether you buy a hat from them or a flashlight. It has nothing to do with the battery. Although some countries may restrict certain types of items with certain types of batteries. So in some sense it may be about the battery but they’re basically saying you better make sure that you know the laws in your country and that you are able to receive this product with this battery in your country. And if it gets confiscated along the way in your country don’t blame us.
