auction photos (was Re: The Commodore 65)

The significance of the variation depends on what is being sold, and is based on what is "reasonable" for the kind of sale. "Reasonable" is determined by common sense - what most people would think is OK, basically. Some kinds of sales tolerate no variations - works of art, for example. Any variation would pretty much mean the object is not original. Some things can have a little variations, like a chair. The figure of the wood will be unique to all chairs, but the finish can be specified. Some things can have bigger variations, like a pile of crushed cars. As long as the metal content is there, the makes and models really do not matter. And then some things can have pretty wide variations, like a plate of meatloaf from the diner. Is it made like how my mother made it, or yours? In your chip experience, I would say that the differences were significant enough (by quite a bit) that you have the right to void the deal. Any court would see that most engineers would not be willing to swap engineering samples for production parts. However, if the only difference was perhaps the manufacturer of the chips, the story might be different. A court might see that most engineers would not care if their 555 timers were made by Signetics or National. Remember, the implied warranty is there to protect both the buyer and the seller. -- Will