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Date:         Fri, 26 Mar 2004 15:12:28 -0800
Reply-To:     Joseph Fortino <fortino1@EARTHLINK.NET>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Joseph Fortino <fortino1@EARTHLINK.NET>
Subject:      Re: recycled german parts / e-e-e-eBay
Comments: To: Stan Wilder <wilden1-1@SBCGLOBAL.NET>
Content-Type: text/plain; charset=us-ascii

my wife and I second day in Las Vegas and someone snagged the VW emblem off the front of our van? pissed me off, now we have a little kid on the block that does'nt leave us alone.. oh she likes to draw on cars with her finger rrrrrrrrrrrrr!

i keep thinking Friday but it feels like a monday? too much happens in 1 day. have a great weekend all.

Joe

-----Original Message----- From: Stan Wilder <wilden1-1@SBCGLOBAL.NET> Sent: Mar 26, 2004 1:08 PM To: vanagon@GERRY.VANAGON.COM Subject: Re: recycled german parts / e-e-e-eBay

I've been in one business or another since 1960. While in the Speed Equipment / Muffler / Brakes there were several robberies that just drove through the wall to rob the place. In later years it was normally an employee inside job that just left the place unlocked. At any rate I just get put off by people that steal, even if it's just a piece of Brach's candy from the display at the grocery. I'm seeing fewer business ethics and personal morality / honesty every day. It'll be getting worse before it gets better. Somebody picked up my weed eater and leaf blower recently while I went into the house to catch the phone. Ha! Ha! I got to wear them out first on this go round.

Stan

-----Original Message----- From: Jeffrey Schwaia [mailto:jeff@vanagonparts.com] Sent: Friday, March 26, 2004 2:24 PM To: Stan Wilder; vanagon@GERRY.VANAGON.COM Subject: RE: recycled german parts / e-e-e-eBay

Ah... it sounded worse than that in your earlier post, I thought you got raked over the coals. Definitely no need to involve a lawyer if your just out the little stuff.

That's one good thing about car auctions... pretty hard to falsify the VIN # in the parking lot.

Cheers,

Jeff

-----Original Message----- From: Vanagon Mailing List [mailto:vanagon@GERRY.VANAGON.COM]On Behalf Of Stan Wilder Sent: Friday, March 26, 2004 12:13 PM To: vanagon@GERRY.VANAGON.COM Subject: Re: recycled german parts / e-e-e-eBay

Jeff; $500.00 and a big stupid grin will get you an attorney. Cost of recovery was lots more than the price of the education or the equipment. I got to keep all the big expensive stuff because it required a lift truck to steal so I just let petty thieves be petty and they can work it out with St Peter as best they might.

Stan

-----Original Message----- From: Jeffrey Schwaia [mailto:jeff@vanagonparts.com] Sent: Friday, March 26, 2004 2:09 PM To: Stan Wilder; vanagon@GERRY.VANAGON.COM Subject: RE: recycled german parts / e-e-e-eBay

Stan,

Did you check with a lawyer? An agreement that contradicts the law cannot be enforced. The auction company is required to exercise "reasonable" care when in possession of your goods. It sounds like they didn't meet that requirement.

I learned this little fact many years ago. Have you ever read the block of bulls**t at the bottom of an automotive repair invoice? Most of them say basically the same thing: "We are not responsible for damage or theft, etc, etc...". Wrong! When a customer leaves their car (or any other item) to be repaired a legal relationship called a bailment has been created. The receiver must exercise "reasonable care" to protect the property. If the shop is full and you leave a customer's car outside and the radio gets stolen, have you exercised reasonable care... NO! The shop is responsible for the theft and any damage.

I'm not a lawyer, but it sounds like you and the auction company entered into a bailment when you purchased the items. They were required by law to exercise reasonable care in protecting your property. Remember, a signed agreement is not enforceable if it contradicts the law.

Cheers,

Jeff

-----Original Message----- From: Vanagon Mailing List [mailto:vanagon@GERRY.VANAGON.COM]On Behalf Of Stan Wilder Sent: Friday, March 26, 2004 11:35 AM To: vanagon@GERRY.VANAGON.COM Subject: Re: recycled german parts / e-e-e-eBay

Don't get me started on Auctions ........ The last auction I went to I bought several thousand dollars worth of industrial equipment. When I returned the next day with my 55 foot trailer behind a Diesel truck to load up someone had switched the auction tags on about four pieces of equipment and left old "Krap Equipment" sitting there with my tag number on it. When I ranted at the Auction Company they just read their agreement to me. The agreement said basically "We Sell It" the rest isn't any of our business so don't ask a second time. I'll never go to another auction where I can't load immediately after the auction. So you see guys the crooks on E bay learned their trade elsewhere.

AStan Wilder

-----Original Message----- From: Vanagon Mailing List [mailto:vanagon@gerry.vanagon.com]On Behalf Of Rob Sent: Friday, March 26, 2004 12:00 PM To: vanagon@GERRY.VANAGON.COM Subject: Re: recycled german parts / e-e-e-eBay

At 3/26/2004 09:14 AM, you wrote:

>About a month ago. I bought a Do-All vertical bandsaw which was represented >as complete and in good condition. Although it wasn't under power when I >entered the highest bid, the auctioneer had no objections to me tagging it >into a >box in order to run it through its paces before I loaded it. I can assure you >that the auctioneer would have made it right if it had proven to be anything >other than in good condition.

I've been to auctions where the auctioneer has guaranteed something to work, that particular item, usually accompanied with "we plugged it in yesterday & it worked". All the rest it's "as is". At the auto auctions I go to they drive or push the car down to the ring and have an inspection day the day before. But once you buy it it's yours no matter what the condition.

I've always felt that e-bay was a "once you buy it it's yours no matter what the condition" kinda place with the feedbacks so you can find an outright crook.

No guarantees in life.

Rob

rob_b9@lycos.com Now in western Washington, USA


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