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