Liability for Purchase - A Question??
 

To the Group:

Please consider the following scenario. Back in October 2004 a person
places an ad in "rec.radio.swap" looking for a filter for his Ten Tec radio.
I have such a working filter that is surplus to my needs since I sold a Ten
Tec radio some two weeks earlier to an individual who did not want the
filter. I respond to the individual looking for the filter that I want $65
for the filter and shipping. He sends me a postal money order, I send him
filter, and I hear nothing.

Yesterday, February 25, 2005, some four months later, I receive an e-mail
from the individual who purchased the filter advising me that the filter is
dead. According to him, he never used the filter, but he had a freiend
install the filter in a radio and found it to be dead.

Question - The filter was working when I removed it from my radio and
subsequently sent it to him. Shouldn't he have advised me shortly after he
received the filter that it did not work? I have no way of telling whether
the filter was mishandled or installed improperly. If you were me would you
return the money he paid for his purchase some four months earlier.

Thanks for reading this post.

Hobbes

Hobbes:

QUESTION - THE FILTER WAS WORKING WHEN I REMOVED IT FROM MY RADIO AND
SUBSEQUENTLY SENT IT TO HIM. SHOULDN'T HE HAVE ADVISED ME SHORTLY AFTER HE
RECEIVED THE FILTER THAT IT DID NOT WORK?

If you guaranteed it to be working on receipt -- Yes, he should have
installed and tested his purchase within a reasonable time, not to exceed a
week, unless he informs you that he can not test it immediately and gives
you a plausible reason. Four months is too long of a wait. How many
retailers guarantee anything past 90 days?

If you did not guarantee it to be working, i.e. sold is "as is," -- No, he
accepted the risk of it be defective when he purchased it.

I HAVE NO WAY OF TELLING WHETHER THE FILTER WAS MISHANDLED OR INSTALLED
IMPROPERLY. IF YOU WERE ME WOULD YOU RETURN THE MONEY HE PAID FOR HIS
PURCHASE SOME FOUR MONTHS EARLIER.

Not a chance. Your customer put himself in the position he is in by
neglecting to determine if the filter had been damaged in shipment, in a
reasonable time frame. Having failed to do this, he owns the problem, not
you. The issue of possible mishandling is moot, in this case.

This is not an issue of who is honest or is anyone cheating. It is an issue
centered on what should reasonably be expected of a buyer. Unfortunately, in
this case, the buyer neglected to follow through as he should.

Cheers,

K4ICL




"hobbes" wrote in message
news:b3d54$422092ec$cf672f99$21203@allthenewsgroup s.com...
To the Group:

Please consider the following scenario. Back in October 2004 a person
places an ad in "rec.radio.swap" looking for a filter for his Ten Tec
radio.
I have such a working filter that is surplus to my needs since I sold a
Ten
Tec radio some two weeks earlier to an individual who did not want the
filter. I respond to the individual looking for the filter that I want
$65
for the filter and shipping. He sends me a postal money order, I send him
filter, and I hear nothing.

Yesterday, February 25, 2005, some four months later, I receive an e-mail
from the individual who purchased the filter advising me that the filter
is
dead. According to him, he never used the filter, but he had a freiend
install the filter in a radio and found it to be dead.

Question - The filter was working when I removed it from my radio and
subsequently sent it to him. Shouldn't he have advised me shortly after
he
received the filter that it did not work? I have no way of telling
whether
the filter was mishandled or installed improperly. If you were me would
you
return the money he paid for his purchase some four months earlier.

Thanks for reading this post.

Hobbes

Tell the Turkey to go blow.....

Four months later? Are you nuts for even considering this outrageous
request?

If I bought a $65.00 coffee maker at Walmart, came back 4 months later to
get a refund, they'd tell me where to go!



"hobbes" wrote in message
news:b3d54$422092ec$cf672f99$21203@allthenewsgroup s.com...
To the Group:

Please consider the following scenario. Back in October 2004 a person
places an ad in "rec.radio.swap" looking for a filter for his Ten Tec
radio.
I have such a working filter that is surplus to my needs since I sold a
Ten
Tec radio some two weeks earlier to an individual who did not want the
filter. I respond to the individual looking for the filter that I want
$65
for the filter and shipping. He sends me a postal money order, I send him
filter, and I hear nothing.

Yesterday, February 25, 2005, some four months later, I receive an e-mail
from the individual who purchased the filter advising me that the filter
is
dead. According to him, he never used the filter, but he had a freiend
install the filter in a radio and found it to be dead.

Question - The filter was working when I removed it from my radio and
subsequently sent it to him. Shouldn't he have advised me shortly after
he
received the filter that it did not work? I have no way of telling
whether
the filter was mishandled or installed improperly. If you were me would
you
return the money he paid for his purchase some four months earlier.

Thanks for reading this post.

Hobbes

I agree with the other posters. He's out of luck. Had he told you this
on receipt of the filter it would be a different story. You have no way
of knowing if the filter was handled properly or if it has been rolling
around in the trunk of his car for 4 months.

Jeff



hobbes wrote:
To the Group:

Please consider the following scenario. Back in October 2004 a person
places an ad in "rec.radio.swap" looking for a filter for his Ten Tec radio.
I have such a working filter that is surplus to my needs since I sold a Ten
Tec radio some two weeks earlier to an individual who did not want the
filter. I respond to the individual looking for the filter that I want $65
for the filter and shipping. He sends me a postal money order, I send him
filter, and I hear nothing.

Yesterday, February 25, 2005, some four months later, I receive an e-mail
from the individual who purchased the filter advising me that the filter is
dead. According to him, he never used the filter, but he had a freiend
install the filter in a radio and found it to be dead.

Question - The filter was working when I removed it from my radio and
subsequently sent it to him. Shouldn't he have advised me shortly after he
received the filter that it did not work? I have no way of telling whether
the filter was mishandled or installed improperly. If you were me would you
return the money he paid for his purchase some four months earlier.

Thanks for reading this post.

Hobbes

Sounds like a situation that happened to me several years ago. In the
newsgroups I sold a radio collector a 1930s era small bakelite cabinet
radio. He got it and E-mailed that it had arrived in fine shape. About 3
months later I got an E-mail from him saying he just found a small stress
crack on the inside of the cabinet and wanted a refund. His excuse was he
placed it on a shelf not inspecting it too carefully and was finally getting
around to restoring it. I basically told him where he could stuff it.

I say 3 or 4 days is more than sufficient to report any damage or complaints
with a purchase bought via the net between private individuals... not 3 or 4
months.

"hobbes" wrote in message
news:b3d54$422092ec$cf672f99$21203@allthenewsgroup s.com...

Thanks for reading this post.

Hobbes

I dont think so...he waited too long. And if dropped during that time
or even during shipping, you could only know if he'd checked it right
away. Which normally understood, a week , yeah, , 4 mos, hah!! On
the other hand, if he whines real loudly and you do much trading, its
worth it to shut him up...hard scenario though...everybody gets to be
right and wrong .....maybe send half if he send the filter?

hobbes wrote:
To the Group:

Please consider the following scenario. Back in October 2004 a person
places an ad in "rec.radio.swap" looking for a filter for his Ten Tec radio.
I have such a working filter that is surplus to my needs since I sold a Ten
Tec radio some two weeks earlier to an individual who did not want the
filter. I respond to the individual looking for the filter that I want $65
for the filter and shipping. He sends me a postal money order, I send him
filter, and I hear nothing.

Yesterday, February 25, 2005, some four months later, I receive an e-mail
from the individual who purchased the filter advising me that the filter is
dead. According to him, he never used the filter, but he had a freiend
install the filter in a radio and found it to be dead.

Question - The filter was working when I removed it from my radio and
subsequently sent it to him. Shouldn't he have advised me shortly after he
received the filter that it did not work? I have no way of telling whether
the filter was mishandled or installed improperly. If you were me would you
return the money he paid for his purchase some four months earlier.

Thanks for reading this post.

Hobbes

On Sat, 26 Feb 2005 20:41:03 GMT, "patgkz" wrote:

Tell the Turkey to go blow.....

Four months later? Are you nuts for even considering this outrageous
request?

If I bought a $65.00 coffee maker at Walmart, came back 4 months later to
get a refund, they'd tell me where to go!

Actually most large stores wouldn't. The name of the game is customer
satisfaction.

Of course, your coffee maker would have a warranty too. :)
--
To reply, remove TheObvious from my e-mail address.

hobbes wrote:
To the Group:

Please consider the following scenario. Back in October 2004 a person
places an ad in "rec.radio.swap" looking for a filter for his Ten Tec radio.
I have such a working filter that is surplus to my needs since I sold a Ten
Tec radio some two weeks earlier to an individual who did not want the
filter. I respond to the individual looking for the filter that I want $65
for the filter and shipping. He sends me a postal money order, I send him
filter, and I hear nothing.

Yesterday, February 25, 2005, some four months later, I receive an e-mail
from the individual who purchased the filter advising me that the filter is
dead. According to him, he never used the filter, but he had a freiend
install the filter in a radio and found it to be dead.

Question - The filter was working when I removed it from my radio and
subsequently sent it to him. Shouldn't he have advised me shortly after he
received the filter that it did not work? I have no way of telling whether
the filter was mishandled or installed improperly. If you were me would you
return the money he paid for his purchase some four months earlier.

NO!

Even if you had guaranteed it not DOA (a standard policy,) he would have
no knowledge of its "arrival" condition four months later. Maybe it got
zapped sitting on his desk or fried by the tech who installed it. Four
months is way too long from "arrival" for any "guarantee" to remain valid.

I think 30 days sounds about right. That means I had better check out
the amp I bought 3 weeks ago!

Tom