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Not necessarilly true...but not necessarilly false

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There are implied warranties on used merchandise...unless there is a statement to the contrary...IF you are merchant. Now the interesting question would be: IS a seller of tubes on eBay with literally hundreds of tube transactions considered a MERCHANT. Obviously, I am making a much bigger deal of this than need be...and I am tilting at windmills here...but I just thought it would make some interesting conversation. See below for language from the FTC:

"A special note is in order regarding implied warranties on used merchandise. An implied warranty of merchantability on a used product is a promise that it can be used as expected, given its type and price range. As with new merchandise, implied warranties on used merchandise apply only when the seller is a merchant who deals in such goods, not when a sale is made by a private individual."

"In order to disclaim implied warranties, you must inform consumers in a conspicuous manner, and generally in writing, that you will not be responsible if the product malfunctions or is defective. It must be clear to consumers that the entire product risk falls on them. You must specifically indicate that you do not warrant "merchantability," or you must use a phrase such as "with all faults," or "as is." A few states have special laws on how you must phrase an "as is" disclosure. (For specific information on how your state treats "as is" disclosures, consult your attorney.)"



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