I don't want to say anything about this particular transaction until we either hear from the seller or it becomes clear he definitely intends to ignore it. This post is only addressing an excuse others are making for him. Of course excuses others make for him cannot prejudice me against him. With that understood ...
The idea that a seller doesn't have to deal honestly if he didn't agree to in advance is pretty stunning. Hello? Is anybody home? Do you think if you don't state in advance that you intend to follow the law then the law doesn't apply to you? You can get paid for a new Busse and send a rusty used Busse, or a Pakistani imitation, or nothing at all, and you don't have to refund the buyer's money because you never said you would deal honestly? The law doesn't apply to you?
I repeat, this post has nothing to do with the transaction being discussed or with the seller of this knife -- I am only addressing an idea brought up by people who are not parties to the transaction.
Here's something I found in a minute on Google that some people might find easier to understand than my sarcasm. By the way, if you think the law might not apply to someone who isn't a professional knife dealer, try rereading the second paragraph of this post substituting "because you say you aren't a professional knife dealer."
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Uniform Commercial Code Rejection Rules
The Uniform Commercial Code (UCC) is the law in every State (Louisiana has not
adopted all sections of the Code but their laws for sales are similar in their
effects.) The rules for acceptance and rejection of merchandise are less widely
known than they should be, so we will quote and explain them here.
The first rule, called the "perfect tender rule," says that you are entitled to
reject a product for any defect. Here it is (weve highlighted the most
important part):
Section 2-601. Buyers Rights on Improper Delivery
Subject to the provisions of this Article on breach in installment contracts
(Section 2-612) and unless otherwise agreed under the section on contractual
limitations of remedy (Sections 2-718 and 2-719), if the goods or the tender
of delivery fail in any respect to conform to the contract, the buyer may
reject the whole, or
accept the whole, or
accept any commercial unit or units and reject the rest.
In the typical retail sale, you have the opportunity to inspect the merchandise
before you buy it. For example, when you buy a leather jacket, you can try it
on, check the seams, and generally look it over before you take it to the cash
register. If you see a flaw, even if its just a little scratch in the leather,
you dont have to buy it.
Sometimes you pay for the merchandise first, but inspect it later. For example,
when you special-order a leather jacket, you pay first and the jacket is
delivered to the store. When you come to the store to look at the jacket, you
can look it over. If the jacket is ripped, you dont have to accept it. Even if
the leather has a slight stain or scratch, you dont have to accept the jacket.
If you choose not to inspect the jacket, and you discover the flaw much later,
you are stuck with it.
Section 2-606. What Constitutes Acceptance of Goods.
Acceptance of goods occurs when the buyer
after a reasonable opportunity to inspect the goods signifies to the
seller that the goods are conforming or that he will take or retain them
in spite of their non-conformity; or
fails to make an effective rejection (subsection (1) of Section 2-602, but
such acceptance does not occur until the buyer has had a reasonable
opportunity to inspect them; or
does any act inconsistent with the sellers ownership; [rest of section
omitted].
Suppose the jacket is delivered to your home. You sign for the delivery, then
open the package and look at the jacket for the first time. You see a rip. Did
you accept the jacket when you signed that you had received it? No. You havent
accepted it, under the law, until youve had a chance to inspect it and then
kept it, or until you have said that you accept it. If you find a problem during
your inspection of the jacket, you can still reject it. "Reject it" means that
you can take it back, or send it back, to whoever sold it to you, and the seller
must give you a refund.
Section 2-602. Manner and Effect of Rightful Rejection
Rejection of goods must be within a reasonable time after their delivery or
tender. It is ineffective unless the buyer seasonably notifies the seller.
[rest of section omitted]
How long do you have in order to inspect a product and reject it if it is
defective? It depends on the circumstances. The more complex the product, and
the harder the defect is to discover, the more time you probably have. White &
Summers (1995, Volume 1, Section 8-3), the leading treatise on the UCC, cites
several cases on this. For example, a court refused to allow a rejection just 24
hours after delivery of a horse because its injury would normally have been
discovered by an inspection at the time of sale (Miron v. Yonkers Raceway, Inc.,
1968). In contrast, another court allowed rejection several months after a
customer purchased dump truck underbodies because it was impossible under the
circumstances to finish a proper inspection earlier than this (Sherkate Sahami
Khass Rapol v. Henry R. Jahn & Son, Inc., 1983).
) I am most upset over his lack of willingness to refund my money and his assertion that the knife was sent to me, just as it was sent to him. If it was unknown/unintentional,(and I will never no for sure one way or the other) I don't think that it makes any difference. Either way it is not "like new". I recently was in a situation where a knife was damaged unknown to me before I sold it, but I made it right, because that's what honest folks do. I feel like he is trying to pull a fast one with this.."not my fault, I didn't do it/know anything about it" you keep it anyway routine. I am not asking for any kind of groveling apology or my money back plus anything. I just want him to take his knife back and give me back what I paid for it and then everything will be right as rain.
