"Guaranteed to work - no returns"

Discussion in 'Swapmeet Talk' started by W7UUU, Dec 12, 2018.

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  1. W7UUU

    W7UUU Super Moderator Lifetime Member 133 Administrator Volunteer Moderator Platinum Subscriber Life Member QRZ Page

    What does that even mean?

    I see this more and more in ads - "Guaranteed to work - no returns"

    So what then happens and it DOESN'T work - how does that "guarantee" come into play?

    What would stop a less-than-moral person from selling a radio device, that doesn't work (and they know it), listed as "guaranteed to work - no returns" - what does that then mean in practical terms for the unfortunate buyer?

    Odd turn of phrase IMO, and prone to easy abuse with no recourse for the buyer.

    I don't think it should be allowed in listings. Either an item is "guaranteed to work" and can be returned for a refund, or there are "no returns" - you can't have it both ways

    Just my 2 cents...

    WD4IGX, KD0CAC, W4RAV and 7 others like this.
  2. K1LKP

    K1LKP Premium Subscriber QRZ Page

    OK DAVE,
    happy holidays1 to dave.jpg
    73 - K1LKP
  3. K3XR

    K3XR Ham Member QRZ Page

    As the late Wayne Green, W2NSD/1 posted at the top of classified ads in 73 Magazine...
    Caveat emptor
    "Caveat emptor /ˌkævɛɑːt ˈɛmptɔːr/ is Latin for "Let the buyer beware" (from caveat, "may he beware", a subjunctive form of cavere, "to beware" + emptor, "buyer"). Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods."
  4. KP4SX

    KP4SX XML Subscriber QRZ Page

    Without putting on my lawyer hat, if the guy says it works then that's what you bought. Just because he says it works in the ad and sends you a box of rocks that he won't accept on return isn't legal. Laws of Merchantibility and all that.
    Some sellers learn this the hard way if the buyer wants to pursue action.
  5. W7UUU

    W7UUU Super Moderator Lifetime Member 133 Administrator Volunteer Moderator Platinum Subscriber Life Member QRZ Page

    My point being: that term should just be retired: "Guaranteed but no returns" = NO WARRANTY, PERIOD. May not even work for all I know"

    Just sayin'

    Yes I know it's obvious. I get it. :)

    But folks keep using the phrase.

    WD4IGX and NE1U like this.
  6. AJ4GQ

    AJ4GQ Ham Member QRZ Page

    Here's what I think it means, coming from someone who does not practice law. The seller, usually without having a clue as to what he is actually guaranteeing, is providing a limited unconditional guarantee that the item 'functions as intend'. If it doesn't meet that performance standard, he is required to throw as much money as it takes to bring it to that state, usually limited only by the amount paid. He is also giving up a right he would normally have to say to you, " Just send it back and I'll refund your money." You can try to hold his feet to the fire in an attempt to make him perform. Unfortunately, the agreement may be voidable because there was not 'a meeting of the minds' because the seller truly did not understand what he was saying. In that case, the item would be returnable. From a practical standpoint, attorney's fees and court costs will exceed the value of the item and a seller who makes such a statement is probably uncollectible anyway. What do do? Either avoid sellers who make such statements or, if you really want to buy his item, explain to him what you think the guarantee means and ask him if he wants to proceed.
  7. W7UUU

    W7UUU Super Moderator Lifetime Member 133 Administrator Volunteer Moderator Platinum Subscriber Life Member QRZ Page

    Or just drop the meaningless toothless term "guaranteed but no returns" as not allowed...

    =SOLVED :)

    NE1U and N3AB like this.
  8. KJ4VTH

    KJ4VTH Ham Member QRZ Page

    Some ham radio operators make used car salesmen look good. :eek:
    K4BYB, KP4SX, W7UUU and 2 others like this.
  9. K7MH

    K7MH Ham Member QRZ Page

    I have seen that in an ad recently.
    I wouldn't deal on any level with anyone as stupid as that.
    NE1U and AJ4GQ like this.
  10. WG7X

    WG7X Premium Subscriber QRZ Page

    So much angst, so little time.

    If the wording of an advertisement is suspect, or you just don't like it, you have an option: don't buy or continue reading, move on. Life's too short for that kind of aggravation.

    Or is that too simple?

    Dave, I know that you have kind of been on a mission to clear up unclear language or overused phrases. Good deal, but you'll never win the battle.
    KD0CAC and W5PFG like this.

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