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  • Insurance - selling to US/Canada

    I'm struggling to find an insurer who will cover me for products sold to US/Canadian customers. Can anyone suggest someone? I have tried the usual - Direct Line, GM Imber, CMTIA, Market Traders.

    Thanks
    http://www.freckles-designs.co.uk/
    http://www.facebook.com/FrecklesDesigns

  • #2
    You and everyone else.

    People seem to think that they are covering themselves by stating that all sales are made under
    English&Welsh/Scottish/Irish/whatever law.

    I have no idea if that is any sort of protection at all. I suspect a general statement like that would offer little, if any, should push come to shove.

    Do US crafters tend to have general liability insurance for handcrafted goods of similar type to yours? That in itself might be a good guide as to what you need to do.

    I think you need spe******t legal advice to be sure.


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    • #3
      Hi try Ian Wallace

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      • #4
        I am with A N and contacted the insurers who confirmed that you can sell overseas providing you quote sold under English law, checked with our solicitor who confirmed that this is correct and means if they have a claim they have to sue under English law and employ solicitors over here, in the country of origin. You will be hard pushed to find a reasonable quote from any insurer to cover sales overseas, hence why a lot of small people tend to trade within their own country jurisdiction.

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        • #5
          Originally posted by Caroleecrafts View Post
          ...the insurers who confirmed that you can sell overseas providing you quote sold under English law, checked with our solicitor who confirmed that this is correct and means if they have a claim they have to sue under English law and employ solicit.
          The OP is in Scotland, so English law would not, indeed could not apply. They would need to contact their own, Scottish, legal advisor to confirm.


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          • #6
            As far as I know scottish contract law is the same as English Contract law.(at least at the moment. If Scotland breaks away, who knows what a new Scottish Supreme court might come up with? especially as they won't be bound by any EU consumer etc laws)
            The point about saying that a contract is made under English law is that it gives the English Court jurisdiction over the contract rather than allowing a claimant in the US, for example, to sue in the American courts.
            Jurisdiction (if I may put on my former law lecturer hat for a moment) is one of the more obscure but interesting issues, especially in these small world times with marriages abroad (where do you have to get a divorce and is the marriage even recognised?) Where jurisdictions tend to vary most widely is in rules for dispersal of estates after death - a problem now with many having property abroad (and of course Roman property law is completely different too)

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            • #7
              Can someone in Scotland state that English law applies to purchases, though? The two systems are grounded in very different principles; surely they would have to state that Scottish law applies.

              And doesn't Scottish contract law have important differences to English contract law?

              How any of it would apply to purchasers in the US, though, I have not the foggiest idea.

              In any case, you make a good point about the referendum. All may well be moot in a little over six months' time, and Berwick-upon-Tweed may well become a hive of currency-exchange kiosks and furtive cross-border smugglers ...


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              • #8
                I'd be surprised if Scottish contract law was appreciably different - simply because contract law is pretty much the same all over the world - it's based on commerce and very pragmatic.

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                • #9
                  Although I am not a solicitor...I am in Canada with a few contacts in the states...I would be very surprised if the average crafter has general liability insurance..only shipping insurance...usually things are assumed to be protected via paypal or credit card rules and warnings such as "use at your own risk" or "we are not responsible" are used in an attempt to address other liability issues.
                  C & K Pet Designs - www.ckpets.ca

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                  • #10
                    Originally posted by kay088 View Post
                    Although I am not a solicitor...I am in Canada with a few contacts in the states...I would be very surprised if the average crafter has general liability insurance..only shipping insurance...usually things are assumed to be protected via paypal or credit card rules and warnings such as "use at your own risk" or "we are not responsible" are used in an attempt to address other liability issues.
                    In the UK a lot of the medium/larger event organisers and some small ask for a copy of your public and product liability insurance along with your Unique Tax reference to prove that you are trading legally.

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                    • #11
                      Originally posted by Caroleecrafts View Post
                      In the UK a lot of the medium/larger event organisers and some small ask for a copy of your public and product liability insurance along with your Unique Tax reference to prove that you are trading legally.
                      That's interesting...over here the regulatory bodies are more concerned with taxes (and all the receipts to prove you have paid them).
                      C & K Pet Designs - www.ckpets.ca

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                      • #12
                        Originally posted by kay088 View Post
                        That's interesting...over here the regulatory bodies are more concerned with taxes (and all the receipts to prove you have paid them).
                        I wouldn't consider an event organiser to be any sort of 'regulatory body'!

                        Here in the UK, a great many people in the craft field don't make enough profit to pay any tax at all to HMRC. However, the UTR indicates that they are appropriately registered for self-assessment with HMRC.


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                        • #13
                          Originally posted by eena View Post
                          I wouldn't consider an event organiser to be any sort of 'regulatory body'!
                          Wasn't what I meant but doesn't matter..
                          C & K Pet Designs - www.ckpets.ca

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                          • #14
                            Originally posted by kay088 View Post
                            That's interesting...over here the regulatory bodies are more concerned with taxes (and all the receipts to prove you have paid them).
                            I understand what you mean, every country is different and has it's foibles be boring if we were all the same. Then again would make things so much more simpler. One thing we all have in common anyone who creates understands what we all go through for our love of our craft.

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