[rescue] VAXstation questions

[Curtis H. Wilbar Jr.]

>Date: Wed, 14 May 2003 00:47:29 -0700
>From: Robert Novak <rnovak at indyramp.com>
>To: The Rescue List <rescue at sunhelp.org>
>Subject: Re: [rescue] VAXstation questions
>Mail-Followup-To: Robert Novak <rnovak at indyramp.com>, The Rescue List 
<rescue at sunhelp.org>
>User-Agent: Mutt/1.5.3i
>
>On Tue, May 13, 2003 at 02:48:26PM -0400, Curtis H. Wilbar Jr. wrote:
>> Won 10 "untested" slot 1 procs on ebay.... all 10 bad... way overpaid.
>> Trying to work something out with the seller, as it is clear I paid
>> working proc prices for a lot that turned up all dead (this is not a
>> seller who generally sells untested parts)... I'm hoping we can work
>> something out, as I bought the stuff to resell to help make a mortgage
>> payment (currently unemployed)... and now not only am I out that potential
>> profit, I'm out almost $400.... ARG !  
>
>Unfortunately "untested" should have been taken as "untested" regardless of 
>your intentions. If something seems too good to be true.... The seller
>doesn't have any real obligation to work anything out, unless he materially
>misrepresented the items in the auction. I kinda feel bad for you getting
>stuck like this, but that's the downside to speculative buying--you take
>the risk to get the profits. Ask me about the dozen useless Indigo2 chassis 
>in my storage locker. :-)

Why are they useless ?  Are they incomplete, or broken ?

I was bit years ago buying an untested hard drive.  I learned rapidly to
spot the unscrupulous sellers from the ones selling truly untested
stuff that was much more likely to work.

In all my years I've not gotten bit yet since that day.... till last week.

My senses were correct about the seller (for the most part) only because
if I was getting them from where he got them from my "red alert" would have
gone off and I wouldn't have bought them.  For the most part I believe the
seller did not know they were all bad.

However, I think that the seller still made a good amount of money off of
me, and I guess I just wish that the seller would be more willing to do
more than what they have offered.

Personally I would not be able to have sold those (even untested) to someone,
make a bunch of money, then find out they are all bad.... that is why I
don't sell bad or "untested" products much...  If I sell something I've been
unable to get to work, I state as such.  I don't sell untested stuff.


>
>I'm in a situation with a buyer right now--he bought an item I sold,
>and is now disputing whether the manufacturer's label or the original
>retailer's identification of the product is accurate. I clearly identified
>the product, including a photo showing the model number, and provided
>the original invoice from a very large national reseller of this product
>showing the part number in question, and he's now claiming that neither
>it, nor the one he has at home that's identical to it, is the part number
>the manufacturer claims it is.

If the item is not fraudulent, I agree with your position.  If the item
is fraudulent, and you were frauded, and unkowingly passe don the fraud,
well... that is more difficult....

>
>If I find an alternate buyer for this item before noon tomorrow (it's a
>fairly pricy ham radio rig that I needed to get sold to keep my utilities
>on), I may offer him a refund and sell to someone else. However, I sold
>the item in good faith and it is exactly as described, so I do not feel
>any obligation to do anything but keep the money. His bid was a contract,
>and he's obligated to follow through with it. 

As long as the model #s, etc were not modified, tampered with, or in any
way such that what you sold is not really what the model #s, etc identified
the unit as.... then you are correct.  If the item is not really what the
#s identify it as (i.e. a remarked processor), then a bidder has contractually
bought something that the item is not... in which case the big wonderfull
grey area pops up.... who did the fraud, who is responsible for the fraud
(in the context of all transactions historically since the item was made
fradulent), etc... ugly...


>
>Good luck with your resolution.

Good luck with your situation as well...

>
>Rob
>-- 
>Robert Novak, Indyramp Consulting * rnovak at indyramp.com * indyramp.com/~rnovak
>	"I don't want to doubt you, Know everything about you
>      I don't want to sit Across the table from you Wishing I could run."
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>rescue list - http://www.sunhelp.org/mailman/listinfo/rescue

-- Curt