Who's at fault here? A or B?

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A

axelfox

Diamond Member
Oct 13, 1999
6,719
1
0
Seller has disclaimed any warranties as being sold "AS IS." The buyer knowingly took a risk by purchasing the item "as is."
 
waggy

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: BigJ
Originally posted by: NuroMancer
qft = Quoted for truth
OR
Quick Fvcking Talking

In this case I think the above are #1
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Dyslexic much?

I know what QFT stands for. But WTF is QTF?
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hahahahah irony at work.
 
B

BigJ

Lifer
Nov 18, 2001
21,330
1
81
Originally posted by: FrankyJunior
That's why it says AS IS. I would never buy an item listed as As Is without first emailing the user and asking if they know for a fact the item works or not.

Sorry but you're screwed.
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If they know for a fact that the item is dead, they should've never listed it as "as-is" in the first place. It should've been listed as dead.
 
B

BigJ

Lifer
Nov 18, 2001
21,330
1
81
Originally posted by: waggy
Originally posted by: BigJ
Originally posted by: NuroMancer
qft = Quoted for truth
OR
Quick Fvcking Talking

In this case I think the above are #1
Click to expand...

Dyslexic much?

I know what QFT stands for. But WTF is QTF?
Click to expand...

hahahahah irony at work.
Click to expand...

I'm not dyslexic, I just can't read. :D Doh!

My mind is in other places, thinking about this Yankees game.
 
S

SaturnX

Diamond Member
Jul 16, 2000
3,415
0
76
Originally posted by: Wapp
Originally posted by: tami
as is usually implies dead or partially broken. :p
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I agree with the above, and would never buy anything, let alone hardware components AS IS, with hardware there isn't really much leeway with it, it either works or it doesn't.

--Mark
 
Abe Froman

Abe Froman

Golden Member
Dec 14, 2004
1,057
4
81
Originally posted by: BigJ
Technically, Party A is in the right. Morally, Party A is a complete fvcking douchebag and I'd like to know who it was.
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I don't want to know who it was, unless I were to purchase an item from him/her online
 
N

NikPreviousAcct

No Lifer
Aug 15, 2000
52,763
1
0
Originally posted by: simms
Person A has an item they're selling, as is.
B buys it. There is no mention of the part being dead during the sale just that they haven't had time to test it.
B finds out person A had knowledge the part was dead BEFOREHAND but sold it "as is" to make a sale. Person A knew it would not work.
B wants a refund.

Who wins?
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If there are women involved, it is clearly the man's fault.
 
alkemyst

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Thera
To me as-is implies it was used, out of warranty, and my have some defects. Not 100% broken.
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If they cannot test it they have no idea.

I always ask if they know. If the OP was told it was not going to be dead, and the seller knew it was than that is wrong.

If the question was never asked, then as-is is how it arrived.
 
dullard

dullard

Elite Member
May 21, 2001
25,913
4,504
126
Legal definition of "as is":
adj. description of a condition in a sales contract in which the buyer agrees to take the property (e.g. house, horse, auto, or appliance) without the right to complain if it is faulty. However, the buyer must have had the right to reasonable inspection, so that he/she has a chance to find any obvious deficiency.
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So the real question to ask is did the seller give the buyer the right for a reasonable inspection? That is true, even if reasonable inspection was after money exchanged hands. If that inspection was not given (before or after money was exchanged), the seller is at fault and the money should be returned. If the inspection was performed, then the buyer has to eat the loss.
 
N

NikPreviousAcct

No Lifer
Aug 15, 2000
52,763
1
0
Originally posted by: dullard
Legal definition of "as is":
adj. description of a condition in a sales contract in which the buyer agrees to take the property (e.g. house, horse, auto, or appliance) without the right to complain if it is faulty. However, the buyer must have had the right to reasonable inspection, so that he/she has a chance to find any obvious deficiency.
Click to expand...
So the real question to ask is did the seller give the buyer the right for a reasonable inspection? That is true, even if reasonable inspection was after money exchanged hands. If that inspection was not given (before or after money was exchanged), the seller is at fault and the money should be returned. If the inspection was performed, then the buyer has to eat the loss.
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There we go, folks. The seller's fault.

*grabs pitch fork and torch*
 
CRXican

CRXican

Diamond Member
Jun 9, 2004
9,062
1
0
The seller should take more responsibility. Since the definition has been posted it becomes a little more clear. If it's broken you say so, you don't call it as-is. I've never sold anything as-is because I take care of my stuff.

I would however expect to see as-is in relation to physical appearance. Pictures can't always show every scratch or blemish but if it works properly they buyer should not be complain becasue the appearance is less than perfect.
 
mugs

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: dullard
Legal definition of "as is":
adj. description of a condition in a sales contract in which the buyer agrees to take the property (e.g. house, horse, auto, or appliance) without the right to complain if it is faulty. However, the buyer must have had the right to reasonable inspection, so that he/she has a chance to find any obvious deficiency.
Click to expand...
So the real question to ask is did the seller give the buyer the right for a reasonable inspection? That is true, even if reasonable inspection was after money exchanged hands. If that inspection was not given (before or after money was exchanged), the seller is at fault and the money should be returned. If the inspection was performed, then the buyer has to eat the loss.
Click to expand...

Nice job.

And if person A said it was untested when he KNEW it didn't work, then I don't care if he sold it "as-is," person B would still deserve a refund. Person A deliberately misrepresented the product (or rather, his knowledge of whether it works or not) for the purpose of getting a better price.
 
E

eLiu

Diamond Member
Jun 4, 2001
6,407
1
0
person A is an utter asshole...BUT the sale specifically said no assurances on working condition (hence the 'as is') so person A has no obligations here...he's a jackass, but still.
 
M

MadPeriot

Golden Member
Dec 5, 2003
1,012
0
0
Originally posted by: Jnetty99
Originally posted by: Thera
To me as-is implies it was used, out of warranty, and my have some defects. Not 100% broken.
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I agree..

Person A should have said it was broken.
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Withholding information is sorta jusitify as lying.
 
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