< Spehro Pefhany observes in part> > Selling them [deliverables] FOB your facility is roughly the same thing- >*ownership* passes > to the customer when they cross your shipping dock. But if your contract is > written badly it might matter. If you do put the above in there, I think it > should be an 'agreed upon' mode of shipment... IANAL, but it doesn't seem > fair to expect them to take responsibility without giving them some control. You are right of course, the more specific the contract the less chance of misinterpretation. In the US a "Common Carrier" is a transport agency subject to Federal regulation. The Post Office, FedEx, UPS, DHL and interstate truck companies are all subject to the rules and regulations promulgated under the so called "Commerce Clause" of the US Constitution. The courts for example, will consider the postmark on a letter as evidence of timely filing and there is well established case law to the effect that a letter mailed is presumed to be a letter received. If one party can show a receipt for mailing a letter, the burden shifts to the other party to show that the item (or at least a letter) was not received. So "Common Carrier" refers to a whole class of delivery agencies all legally presumed to be reliable. It excludes giving it to a friend to drop off and many intrastate or local couriers. Ironically, the term is often used to exclude delivering the item in person or with a company truck (real important in Tax law). That's why a contract can fairly use the term "Common Carrier" instead of ticking off a whole list of "acceptable" firms. Aza D. Oberman -- http://www.piclist.com PIC/SX FAQ & list archive View/change your membership options at http://mailman.mit.edu/mailman/listinfo/piclist