yourelectronicstore
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posted on February 8, 2003 01:22:28 AM new
I recently sold someone a used 2-way pager on ebay. I clearly stated that the pager had several things wrong with it, that it was used, and that it sells AS IS. Now they received it and are telling me that the pager function does not work which I was unaware of. Either way, an AS IS auction mean just as it says. The item sells as is. If there are problems with it, they are now responsible for fixing it, especially when I clearly stated it was used and had several repairable problems with it. They want me to refund them the cost of fixing the vibrate function. I told them that legally, AS IS means it is no longer my responsibility to fix something wrong with it. What do you think?? Give me a response on suggestions to this situation. Thanks
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yourelectronicstore
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posted on February 8, 2003 01:23:59 AM new
Im sorry, the VIBRATE function is what is wrong with it, not the paging function. I apologize for the typo.
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dacreson
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posted on February 8, 2003 06:00:49 AM new
Hello
Just copy section of discription where you said AS IS and e-mail it to them and move on.
Do not reply to further emails from them.
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trai
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posted on February 8, 2003 07:45:32 AM new
, AS IS means it is no longer my responsibility
You did not state how they paid you. The only time you can get by this with a "as is" sale is if you only take money orders etc.
If they paid via CC, then you are toast! All they have to do is file a chargeback.
Problem is that no one ever reads the tos even if you state every flaw with the item. What they want is a brand new item for next to nothing and want you to back this up forever.
As far as "legal"goes, as is means next to zilch.
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Twelvepole
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posted on February 8, 2003 07:48:23 AM new
TRAI IS RIGHT... IF THEY PAID BY CC ALL THEY HAVE TO DO IS A CHARGE BACK...
ON THE OTHER HAND THIS IS A PRIME EXAMPLE WHY YOU DON'T BUY "AS-IS" ELECTRONICS OFF OF EBAY.
UNLESS YOU ARE PREPARED TO PURCHASE CRAP...
AIN'T LIFE GRAND... 
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toolhound
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posted on February 8, 2003 08:22:56 AM new
I do not bid on as is auctions because to me that means it does not work. The problem is that if your description reads that something is cracked and has a screw hole in it "as is". Then when the bidder recieves it and it has 4 screw holes and a piece broken off that is a diferent story.
If you told a couple of the problems with the item but did not tell all the problems with it then I think you should refund or pay to fix. When you list junk call it what it is Junk "AS IS".
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LuckyGiftsandTreasures
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posted on February 8, 2003 11:09:13 AM new
If you stated all the problems with the pager and did not know of the other problem than AS IS is AS IS but if you know of the problem and did not list it you should refund the money the bidder should of asked questions also before bidding I would never bid on a AS IS auction
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REAMOND
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posted on February 8, 2003 12:42:58 PM new
If defects of the item are not disclosed, then stating "as is" or "no returns no refunds" is meaningless.
The only way "as is" would apply is if the seller gave a complete description including ALL defects that are material to the reasonable expectations for such an item.
Otherwise, "as is" just becomes a means for defrauding the buyer.
Whether the seller knew of the defect beforehand is irrelevant, because it can never be determined what the seller actually knew before the sale unless it is clearly stated in the item description.
A seller stating that he/she "doesn't know" if something works is an inadequate description because it implies that the item may work. However, even if the seller doesn't know if the item works but states that it doesn't work, then there is no problem. Unless you would have a buyer that would complain that the item does actually work LOL !!
[ edited by REAMOND on Feb 8, 2003 01:04 PM ]
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sanmar
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posted on February 8, 2003 01:34:16 PM new
Have any of you ever gone to a live auction? The ones I go to have a sign that state that the auction house does not warrantee anything. "All items are sold as is" What is the difference? If you state as is No guarantees, then the buyer kijs at risk.
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toolhound
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posted on February 8, 2003 01:37:29 PM new
At a live auction you get to check the item out before bidding.
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REAMOND
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posted on February 8, 2003 02:26:01 PM new
Placing the transaction at the "buyer's risk" is not only bad business but usually goes against consumer protection laws and many common law business priciples, especially for online transactions.
Some buyers can be intimidated by the "as is" clause, some simply will avoid these sellers, and some will make the purchase via credit and charge back the sale if there are undisclosed defects.
Best policy? Be reasonable and accept the risks yourself and always go beyond what seems necessary when describing an item. eBay doesn't charge by the word for listings.
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sanmar
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posted on February 8, 2003 04:11:29 PM new
toolhound: I have never been to one where you could check out electronics
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Twelvepole
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posted on February 8, 2003 04:57:25 PM new
toolhound: I have never been to one where you could check out electronics
WOW SANMAR, THAT IS NOT A GOOD THING, THE ONES I HAVE BEEN TO DO LET YOU CHECK OUT ELECTRONICS OR JUST PLAIN STATE THAT THEY ARE FOR PARTS.... THIS LETS A PERSON KNOW THAT THEY ARE MOST LIKELY NOT WORKING, BESIDES YOU CAN TOUCH AND FEEL THE ITEM AT A LIVE AUCTION AND GET A AN IDEA IF IT IS WORTH REPAIRING.
AIN'T LIFE GRAND...
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toolhound
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posted on February 9, 2003 07:19:22 AM new
I go to 10 to 12 auction a month for 25 years and have never seen one that would not welcome you to test electrical items as long as it is done during the preview.
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msincognito
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posted on February 12, 2003 02:06:26 PM new
To test a pager, wouldn't you have to activate it? It's been awhile since I carried a pager, but I think some models don't "go off" unless they're hooked up to a service. I know some have test buttons, though.
That said, I wouldn't sell an "as-is" product unless I took some pains to determine what did and didn't work. If you couldn't test the vibrate function b/c the pager wasn't active, then I'd say so. But if you could, and didn't, I'd say your bidder has a bone to pick.
Either way, I'd probably consider settlement - say, refund minus shipping - especially if the ending price was low, because my time's not worth the hassle. I'd also mention that the pager must be returned and identified by me through my "mark"* before a refund. You have to consider the possibility of an attempted switch.
*If you don't know what I'm talking about here, many sellers "mark" their mdse with a blacklight pen or record distinguishing features. If you didn't .... well .... does he know that?
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