This whole lifetime guarantee thing is ridiculous if you ask me and not worth the paper its written on or more likely not written on.
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How long should a warranty on a item be ???
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IMHO if the item is bad and sold as good, you should take it back also after 50 years.
Selling fake stuff it's just a seller problem, that's it.
People that refuse to do so, even after years, are, IMPO just scumbags (if the item is really bad, of course).
A fake is a fake now and was a fake 19 years ago, plain and simple, there's no warranty time for fakes.
I call it "personal credibility", you want respect, you must respect others.
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IMO A lifetime warranty of authenticity should be given when selling any relic of any type I would also say it should be in written contract form if it is a substantial amount of funds . most big dealers will provide this without question. With that said the buyer should also accept authenticity risk when dealing in military relics .
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Warranty on a item
I have a lot of respect for you, DeMil, as you treated this customer with A-1 service. This is the 1st time that I've heard of an item being returned after such a long period of time, but IMO, you handled it like a true gentleman. I can honestly say that I probably wouldn't have refunded the customer's money, but my hats off to you for your decision to honor the refund.
Best regards,
Tom
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Originally posted by Ohlau View Postbuyer had no eyes ?
After 50 years ? why not after 70 years and seller's death ?
Sell a fake is a crime, buy a fake is not.
To sell fakes is a fraud, that you are aware of that or not either, so, you cannot apply warranty rules to frauds in any case.
50, 70, 100 years, just BSting, if you sell a fake you must give the money back, stop, no excuses allowed here.
Of course, after that many years, you can deal on the amount to refund, you can find a compromise.
This is not the case of Demil anyway, that seems to be a Gentleman, so no problem.
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Honest mistake or error is not fraud - at least not at the law school I graduated from - or any other jurisdiction I'm aware of. In fact, accusing someone of "fraud" when it is a simple honest error is libel, and you can be sued for that.
The law of mistake and contracts is a complicated one. Even though we like simple answers, let's try to separate opinions from legalities.
Good for MIL going beyond what is necessary.
Originally posted by T.K. View PostIf the buyer had no eyes, the seller had even less, since he wasn't aware that he was selling a fake.
Sell a fake is a crime, buy a fake is not.
To sell fakes is a fraud, that you are aware of that or not either, so, you cannot apply warranty rules to frauds in any case.
50, 70, 100 years, just BSting, if you sell a fake you must give the money back, stop, no excuses allowed here.
Of course, after that many years, you can deal on the amount to refund, you can find a compromise.
This is not the case of Demil anyway, that seems to be a Gentleman, so no problem.
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Originally posted by sjl View PostHonest mistake or error is not fraud - at least not at the law school I graduated from - or any other jurisdiction I'm aware of. In fact, accusing someone of "fraud" when it is a simple honest error is libel, and you can be sued for that.
The law of mistake and contracts is a complicated one. Even though we like simple answers, let's try to separate opinions from legalities.
Good for MIL going beyond what is necessary.
Otherwise every crook on the planet would eventually declare that he is not selling fakes, he had just made some errors.
Even if you do it for error and if it's a mistake, you can be culpable, I don't actually know the term in english, but is something like "incautious sale".
Anyway the issue here is pretty clear: if you sell something that turn out to be a fake, it's your responsability only, even if it was an honest mistake, plain and simple...
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