Audio Asylum Thread Printer

Get a view of an entire thread on one page

FAQ / News / Events

Tubes Asylum

Perhaps you would like to share ......

4.245.106.112

[ Follow Ups ] [ Post Followup ] [ Thread: Display All Email ] [ Tubes Asylum ]

In Reply to: eBay transaction... posted by AAG on March 26, 2006 at 14:31:57:

the sellers specific description of his product.
FWIW there are no implied warranties that will apply to the sale of used merchandise. There is no requirement that a seller of used merchandise describe the merchandise in part or in whole. It is truly a caveat emptor situation, over the internet or on the used car lot (with certain exceptions on the latter created by some state laws). The seller is only bound by specific statements about the product that are made and upon which you base your purchase. If he didn't say they the tubes might be microphonic or noisy he has no obligation to do anything.
Some one else has already mentioned this but, for example, I have numerous tubes I consider noisy or microphonic but I can usually find an application for them unless the microphonics or noise is gross. How would any seller know in advance what your needs were unless you told him and then he specifically told you his tubes could be used in your application?
I would suggest that you got a valuable life lesson for the cost of a few tubes. Best before you try buying something like speakers, amps, etc, than afterwards. :-)

Follow Ups:

Not necessarilly true...but not necessarilly false - AAG 19:09:12 03/26/06 (4)
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.)"
- Perhaps a merchant is.... - Chuck Y 08:29:49 03/27/06 (3)
  a person who buys at wholesale with the specific intent to sell at retail for a profit, without regard to the number of transactions involved. I could as easily imagine (and distinguish) someone who only sold 12 units of something a year being a merchant as someone who sold hundreds of something being a hobbiest who overbought his needs.
  Since you quote the FTC rules I assume you have access - how does the FTC define merchant?
  - Nothing concrete unfortunately... - AAG 07:21:51 03/28/06 (2)
    I was trying to find the legal definition of merchant...but it's fairly vague. The best I could find was the dictionary def:
    1. One whose occupation is the wholesale purchase and retail sale of goods for profit.
    2. One who runs a retail business; a shopkeeper.
    - Be nice if someone interested had ..... - Chuck Y 08:27:23 03/28/06 (1)
      a Black's Law Dictionary. That might help some.
      Based of the dictionary excerpts in your post I guess you would need to now define what constitutes an "occupation".
      - Re: Be nice if someone interested had ..... - AAG 17:12:50 03/28/06 (0)
        
        In Reply to: Be nice if someone interested had ..... posted by Chuck Y on March 28, 2006 at 08:27:23:
        
        OK, checked a couple sources and this def came up multiple times but is probably quoting the same source...
        
        merchant
        One whose business it is to buy and sell merchandise; this applies to all persons who habitually trade in merchandise. 1 Watts & S. 469; 2 Salk. 445.
        2. In another sense, it signifies a person who owns ships, and trades, by means of them, with foreign nations, or with the different States of the United States; these are known by the name of shipping merchants. Com. Dig. Merchant, A; Dyer, R. 279 b; Bac. Ab. h. t.
        3. According to an old authority, there are four species of merchants, namely, merchant adventurers, merchant dormant, merchant travellers, and merchant residents. 2 Brownl. 99. Vide, generally, 9 Salk. R. 445; Bac. Ab. h. t.; Com. Dig. h. t.; 1 Bl. Com. 75, 260; 1 Pard. Dr. Com. n. 78
        Source: Bouvier 1856

This post is made possible by the generous support of people like you and our sponsors:

Parts Connexion

You can not post to an archived thread.