Good News/Bad news

From: Earl Evans <retro_at_retrobits.com>
Date: Sun Jun 11 13:00:40 2000

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
>
Received on Sun Jun 11 2000 - 13:00:40 BST