#1
Just a quick question.

I'm a law student myself, and made this thread on UK law on new and secondhand purchases.

Well I'm buying an amp secondhand (have already paid for it via evilbay) and I've said to the seller that I'm immediately going to take it to an amp tech to check out that everything is kosher. Now the seller is trying to claim that he is absolved from any responsibility if there is a problem because damage could have been caused by myself in transit or in any other way.

Looking at SGA 1979 I reckon he's wrong. I'm right aren't I? Even though I'm collecting the amp rather than having it delivered, if there is something which a reasonable inspection would not show to be wrong (which in the case of an amp is very difficult because of concealed circuitry etc), then I'm still covered.

Wondering if there's any lawyers/people experienced in such matters to rebuff what I think to be right/correct me.

Cheers,
D.
#2
I can't help, but you probably should have figured all that out before you payed for it. Just sayin'.
#3
If you paid through paypal you're covered.

If not, you're on your own if somethings wrong.

I dont know the legalities of it, like most people, and most people dont really care much either.

There isnt really any way to prove how damage was caused unless it was something as a result of aging rather than abuse.
#4
no,

he is fair in what he is saying really, once you take responsibility of the amp, ie collecting it, its yours.

it is not used and if you test it, sold as is.

if your worried contact ebay about it

1977 Burny FLG70
2004 EBMM JP6
2016 SE Holcolmb
#5
Well no mate, you can return an item if it's not right.

Sale of Goods Act 1979 covers that kind of stuff as well.

My thing is it says - if you inspect the item thoroughly then the seller is covered. What I've said to the seller is that I need an amp tech/specialist to check over the amp as an ordinary person can't really tell if all the inner workings are as they should be.

Now he's worried about damage caused in transit.

Surely if the tech says there are problems caused by age/use, and it's a day after I bought it, then I can accrue the protection of the Sale of Goods Act.

I just wanted to run it past another lawyer to be certain.

Also I have paid by paypal...
#6
nope. ebay is covered by it's own rules. you sign a contract between you and the seller and ebay when you buy an item. if the seller says no returns no returns. you can file a claim with ebay if and only if the item is not as described in the ad.
so if the seller says item is in full working condition and you get the amp and it's not working at all then you can file a claim.
But, if you get the amp and suppose your tech says well this ot transformer only has 20 hours of life on it...that's a grey area but realistically it's on you.
Prs se Holcomb is the answer
#8
Quote by Duv
Just a quick question.

I'm a law student myself, and made this thread on UK law on new and secondhand purchases.

Well I'm buying an amp secondhand (have already paid for it via evilbay) and I've said to the seller that I'm immediately going to take it to an amp tech to check out that everything is kosher. Now the seller is trying to claim that he is absolved from any responsibility if there is a problem because damage could have been caused by myself in transit or in any other way.

Looking at SGA 1979 I reckon he's wrong. I'm right aren't I? Even though I'm collecting the amp rather than having it delivered, if there is something which a reasonable inspection would not show to be wrong (which in the case of an amp is very difficult because of concealed circuitry etc), then I'm still covered.

Wondering if there's any lawyers/people experienced in such matters to rebuff what I think to be right/correct me.

Cheers,
D.

I'm pretty sure ebay is a "sold as seen" site unless the seller specifies otherwise. So unless you check the amp over in the guys house I don't think you have a claim. It's like with delivery companies, you're meant to open your stuff in front of the delivery man to get full cover (for most companies at least) but nobody ever bothers...

For sale: Early 1985 Ibanez AH10 (Allan Holdsworth signature model) PM for details
#9
As AcousticMirror said, unless the item wasn't as described or was not received, you have no recourse.
Everyone is entitled to an opinion.

Feel free to express yours so I can make an informed judgement about how stupid you are.
#10
In the US it all falls back on ebay rules-

From paypal-

We’ll contact seller to help sort things out
We’ll contact the seller and ask them to solve your issue within 10 days. After 10 days if the problem can’t be resolved between you and the seller, you’ve paid using PayPal and your claim qualifies for coverage with eBay Buyer Protection, eBay will arrange for the purchase price plus original shipping to be refunded through PayPal.

Sounds like it could be painful.
#11
It looks like it's different for you guys in the US. Here in the UK the Sale of Goods Act applies. eBay seem to say this and I know it's valid law. What I'm trying to ascertain is whether any lawyers/people who've seen this kind of stuff have ever come across a case where it is claimed the damage was caused after the item was purchased.

For people in the UK who are confused on the law, if you read my original thread on British law (linked in the original post) it covers pretty much all you need to know in relation to sales in the course of a business, and secondhand sales.

Cheers anyway guys.
#12
Sale of goods act only applies if the ebay user is set up as a business seller
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#15
Quote by power freak
It's like with delivery companies, you're meant to open your stuff in front of the delivery man to get full cover (for most companies at least) but nobody ever bothers...



that's not true, i asked a delivery man once if he'd wait till i opened a parcel and he told me to eff off (in not so many words).

I'm an idiot and I accidentally clicked the "Remove all subscriptions" button. If it seems like I'm ignoring you, I'm not, I'm just no longer subscribed to the thread. If you quote me or do the @user thing at me, hopefully it'll notify me through my notifications and I'll get back to you.
Quote by K33nbl4d3
I'll have to put the Classic T models on my to-try list. Shame the finish options there are Anachronism Gold, Nuclear Waste and Aged Clown, because in principle the plaintop is right up my alley.

Quote by K33nbl4d3
Presumably because the CCF (Combined Corksniffing Forces) of MLP and Gibson forums would rise up against them, plunging the land into war.

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Et tu, br00tz?
#16
If you payed through paypal you can contact the customer support and explain the situation. Hopefully you will get your money back.
#17
im studying for the bar exam now, in the states

Was there any sort of disclaimer of liability from the seller?
#18
Hopefully this will help you some,

I bought a Peavey VTM 120 head on ebay about 3 weeks ago. The ad said the tubes were a little old but that everything was in working condition, and said it was an as is sale. The day after I received the amp I took it to my buddys house to test it out and see how old the tubes were. Not only were all of the tubes completely blown out, but the output transformer was also blown. So I emailed the seller asking for a refund, and he refused to accomodate me.

So after my anger I opened a claim on Ebays Resolution center, within 24 hours I got an email back from ebay saying they were refunding all of my money, including the money I spent on shipping. They also sent me a prepaid shipping slip so I could ship it back free of charge.

So even if the seller doesn't comply with you wishes, if you are ripped off in any way, ebay will help to make things right. And if they don't paypal also offers similar services.