A seller agrees to ship an item, that they previously only wanted to sell as local pickup only. Large, heavy, fragile item. Seller agrees to ship and sell on the condition that buyer will not hold them responsible if damaged in shipping. Communication via email and/or ebay messages. Buyer agrees. Seller puts item in cardboard box with no padding and item is irreparably damaged during transit. Seller claims they did not even want to ship in the first place, yet they made an effort to ship, so they are not responsible. Can buyer still file an ebay claim, other recourse etc? Or was a binding contract agreed to?