11 Jun
2000
11 Jun
'00
12:29 p.m.
No there was no warning before I left it and the manger told me this
kind of thing happens alot there and they try not to let people leave
items there. Had I been told this I would have had the lock it up the
cage they keep the high dollar items in.
John Keys
----- Original Message -----
From: Earl Evans <retro(a)retrobits.com>
To: <classiccmp(a)classiccmp.org>
Sent: Sunday, June 11, 2000 1:00 PM
Subject: Re: Good News/Bad news
John,
Congrats on the good finds!
Regarding the System/36, the store's reaction just doesn't seem right
to
me.
I'm glad they found a way to kind of make it up to
you, but it
obviously
wasn't your fault that someone trashed the machine
in your absence.
It
might not have been their fault either, but usually
stores are
responsible
(whether they like it or not) for the mechandise on
their premises.
The
"AS-IS" is irrelevant, because you bought it
"AS-WAS". Think of it
this
way...if someone had trashed it BEFORE you bought it,
you (or anyone
else)
probably wouldn't have paid the $50 for it.
A question: Did they tell you that you were leaving it at your own
risk? If
not, then it seems that they were implicitly agreeing
to the loss.
Another example...you put a down payment on a new car, and the
dealership
needs you to pick it up the next day. In the
meantime, a vandal
breaks all
the windows (on the dealer's lot), and scratches
up the paint. Your
responsibility? Somehow I don't think so.
I'm not an expert in these matters, but I believe that the store
should step
up to the loss. My humble opinion.
- Earl
> The bad news is I found a System/36 model 5362 (complete) for $50 at
a
> thrift in Houston and I paid the folks for it and
asked if I could
pick
> it up the next day as I would need a truck to
carry it. They said
ok
> and when I came back to pick it up someone had
trashed the machine
by
> taking out 5 cards and breaking them up on the
floor next to the
unit.
> I asked the store manager to adjusted the price I
had paid for it
but
> they said I had purchased it "AS IS"
and said it was not trashed
when I
> purchased it the day before. They did agree to
lower the price on a
Mac
> 145B powerbook that I found sitting on the shelf
there as a way to
> settle my problem. I have never had anything like this happen
before.
John Keys