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"Guaranteed to work - no returns"

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

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  1. N9NWS

    N9NWS Ham Member QRZ Page

    All these products they sell on here, buyer is taking a risk. no one on here has an official guarantee and if you buy something and it doesn't work, it would cost more money to take them to small claims court, if they can serve the papers than it would just to pay to get it repaired. If you buy something on here you are buying at your own risk. Yes its a ham radio operator, yes it violates our responsibility as a radio operator but I have seen some real snakes selling stuff.
     
    KB2SUJ likes this.
  2. W7UUU

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

    another fun one just popped up:

    "Guaranteed to work but NO warranty implied. Sold AS-IS. No return"

    But hey - at least it's guaranteed ... ;)

    Dave
    W7UUU
     
    N1VAU and WR2E like this.
  3. KJ4VTH

    KJ4VTH Ham Member QRZ Page

  4. KF5LJW

    KF5LJW Ham Member QRZ Page

    Justin Wilson RIP ole friend.
     
  5. KB2SUJ

    KB2SUJ Ham Member QRZ Page

    I like the ads that say "Worked/drove fine last time I operated/drove it." Just needs a new fuse to operate. They neglect to mention a complete rebuild too. But they know the fuse is bad...
    Unless you can test it before you buy it, you are taking a gamble. Use your wits and intuition to make a reasoned evaluation. Even with a test, it could fail five seconds after you get home.

    Many years ago, a crazy girl I knew needed a car. Her uncle had an old station wagon and gave it to her. He even paid for the registration an years insurance. Well, six months (and 10,000 miles) in, it needed new tires and a battery. She felt her uncle should pay because the car he gave her needed work, unbeknown to her. A free car..... Sometimes, I just do not know.
     
    N7UJU likes this.
  6. WB0MPB

    WB0MPB XML Subscriber QRZ Page

    It means "guaranteed not to work". When I sold out before going to the home I knew everything worked but in some odd situation something didn't work I would stand behind it.
    That is what I was taught from my dad and grandpa. All we needed was a hand shake and your words. It is sad that those days are long gone.
    Now we have Friends & Family! LOL:D:D
     
    KJ4VTH likes this.
  7. W2JKT

    W2JKT Ham Member QRZ Page

    I can offer any kind of guarantee I want. I can guarantee something works while at the same time disallowing the return of that item. A guarantee is just that, a guarantee. It's not a return policy. A guarantee is basically just a promise to make a counterparty whole if the condition of the guarantee is breached. The guarantor can establish the terms of the grant, including but not limited to allowing a return of the item with a refund, or may establish the grant in some other way, and provided that the terms of the grant are conscionable and agreed-to by both parties prior to the close of the transaction, the terms are binding.

    "Guaranteed to work, no returns" simply means that the guarantor will make the counterparty whole if the item doesn't work, but will do so in a way that does not involve the counterparty returning the item. Since the only limitation imposed by this grant is that the item is not returned, and other more concrete terms are not established, the parties must negotiate in good faith in the event of a breach of guarantee, to determine what constitutes fulfillment of the guarantee.

    A much better way to make this kind of guarantee is to say "I guarantee this item works (and it is helpful to have a very detailed list of criteria that determine what "works" means), and if it does not work according to these criteria, the remedy for the buyer is X and X alone, where X is some reasonable remedy that both parties agree to."

    "Guaranteed to power on and get warm, or I will post a YouTube video of me eating a Carolina Reaper while dressed like the Energizer Bunny."

    Of course, there is also the ever-present implied warranty which if I am not mistaken applies to all sales of goods (private or commercial). If you sell something, there is an implication that it is functional unless you plainly state otherwise, so you're going to be on the hook to do something in the event that what you're selling doesn't work. So, it is actually kind of beneficial for you to expressly agree to terms of some sort before the sale, which can include a disclaimer of implied warranties and "as-is" terms.
     
    Last edited: Oct 18, 2019
  8. W7UUU

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

    I understand what you are saying but it doesn't really make sense.

    To me, if I buy something with an expectation of it working 100%, and it arrives working 50%, even giving me half my money back still leaves me with a broken radio that I cannot use that I would never have purchased knowing it was not working. I would not have wanted to pay 50% in the first place. So how is a partial refund in any way making me whole?

    Either it's guaranteed, and I can ship it back for a refund or repair, or it's just plain AS IS and you are out of luck if it's not working when received.

    Saying "guaranteed but not returns" is just a way to con a buyer into thinking the seller is honest when in fact he may be selling junk and will be happy to pay a 50% refund.

    Dave
    W7UUU
     
    K7MH likes this.
  9. KA3BQE

    KA3BQE Platinum Subscriber Platinum Subscriber Life Member QRZ Page

    Well, if one wants to sell HF gear then they should show photos of radio + wattmeter into dummy load on each band at full power to show at least the radio transmits at fully power. Without that I won't buy a single piece of gear 'for sale' up here. I'm better off buying something new like a $544 FT-891 and knowing I have a 3 year warranty if anything goes wrong. Why would I pay $1000+ for something with a no return policy if I can't see the radio outputs fully power on each band? On a radio that probably is a year or two short of needing recapping? Not worth it IMHO.
     
    K5EMG likes this.
  10. K8ERV

    K8ERV Ham Member QRZ Page

    Guaranteed to work - no returns.

    That's what I told my girlfriend before we got married.

    TOM K8ERV Montrose Colo
     

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