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OK...

...the problem here as I see it is that there still isn't enough info supplied to provide anything more than a partially informed opinion. This is especially so when you state "The central question is whether there is an implied warranty against a tube being noisy or microphonic in this context under the heading of Merchantability..." Sounds like you expect a very specific remedy for which specific info will be required to make a fair judgement.

Examples of missing info:

1. What tube type are you discussing here? I assume it's a 6922/6DJ8 type but I could be wrong. The 6DJ8 tube was originally designed for cascode VHF rf service, not audio. Therefore, audio characteristics such as microphonics were of lesser importance than rf characteristics such as low interelectode capacitance. Will a 6DJ8 perform satisfactorily as an audio amp? Certainly it will but you may have to select for audio characteristics like low microphonics. Since you state that the seller made no mention of microphonics one way or the other, if this is a 6DJ8, I'd expect proper performance in the front end of a tuner but not necessarily in the front end of a phono preamp. If the tube was a 12AX7 my expectations would be quite different.

2. Just what did the seller state in the auction description? Was it just a 6DJ8 that tested good on some Hickok or did he state that it would be an ideal tube for use in a critical audio preamp front end?

3. I assume this was an ebay auction because you mention feedback and ebay is ubiqitous but I could be wrong. If ebay, how about an auction # or link so we can see for ourselves what happened?

4. If ebay, did you try resolving thru their resources? Yeah, I know, that's not rewarding either because ebay is seller oriented but sometimes it works.

5. Did you use paypal? Did you try to resolve thru them? Paypal seems to frequently side with the buyer if you can convince them that misrepresentation was involved.

6. etc.

My opinion is that when one starts using phrases like "...implied warranty against a tube being noisy or microphonic in this context under the heading of Merchantability..." to describe the expectations of an ebay auction conducted by a non-professional (yes, I'm being presumptive again but there's little else to go on at this point) I believe one is being unrealistic as regards rf tubes mfgd decades ago (another presumption) for critical audio apps in modern equip (yet another presumption). IOW, I believe when purchasing tubes on ebay, there is no implied warranty for special tube characteristics important in apps for which the tube was not originally designed. If special characteristics are important they should be stated outright in the auction description in which case they're no longer implied or you should ask the appropriate questions before bidding.

As a parting comment, I've purchased lots of tubes at auction (fortunately I've no need for 6DJ8s) and most transactions have been trouble free. The few disappointments were ultimately worked out with the seller w/o need for neg fdbk or outside intervention. I trust you'll ultimately end up there too.


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  • OK... - Steve O 19:58:35 03/26/06 (1)


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