Ebay purchase as is - looking for ridicule.

Georgia

I recently bought a palm pilot on ebay as is. After reading some similar posts, I’m almost certain the two answers to my question are “caveat emptor” and “puffing”. But this situation seemed a bit different, and I have a question about C.E.

Here is the description on ebay:

Condition: Unit is fully functional and as new in appearance with screen protector in new hard case. The slider is rather loose, and doesn't fix unit in upper position… because of slider issue item is sold As Is

The seller is from Canada (just noticed the US Law only - please answer as if it is NY, or add this to the ridicule list). I received the package, opened it up, and it worked for 5 seconds. I notified the seller immediately, and his response was essentially “tough luck”. I called my credit card company about the situation, and they said this misrepresentation of the item is grounds for getting my money back.

Question 1: Is “fully functional” considered puffing? I notified the seller immediately. The claim that it is fully functional seems to me an implied warranty. The slider is not an issue with me.

Question 2: The wording of “As Is” does not exclude implied warranties. Does “As Is” always exclude implied warranties?

Question 3: If I am SOL, then how does caveat emptor work on such a small item? The only way I can inspect it is if I get the unit and take a look at it. Or is this a $200 lesson on never buying as is?

Question 4: Anyone want to buy a Tungsten T3?

Tungsten T3? Hell I have something much better. A young, sexy secretary

Let your credit card company handle it. Other than that it's ......ah hell, it's no fun since you already said it yourself

DARN - If Senor Breeze will not even mock me, who will? I guess a better question I could have asked is, What constitutes and "implied warranty"?

What constitutes and "implied warranty"?

Click to expand...

There are different types of implied warranties, but they don't matter here. Your seller is in Canada -- if you want to sue them, you'll have to travel there and sue them under Canadian law. And no, Canadian law is NOT the same as NY law...eh.