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| Seller: WILLIE TA(1459-0-1) | Post#11 - Posted: 03/03/2009 at 16:08:39 |
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gov2mod.....YOU KNOW LOTS OF PEOPLE BID IN THE VERY END. IF ITS A PENNY AUCTION AND NOT MANY BIDS YET AND SITE GOES DOWN AND YOUR TAKING A BIG LOSS I AM SURE YOU WOULD RELIST ITEM AGAIN. JUST BECAUSE THE SELLER IS NOT AS EXPERIENCED AS US IS NO EXCUSE TO TAKE HIM OVER THE COALS. I WAS THE FIRST TO PUT MY DISCLAIMER IN AFTER MY LOSS IF SITE GOES DOWN IN LAST 12 HOURS I CAN RELIST. ONLY ABOUT 5 PEOPLE ASKED ME IF THEY COULD USE IT FROM MY WORDS BUT NOTICE LOTS HAVE IT IN AUCTIONS TO PROTECT THEIR BUTTS! WHERE ARE BOB'S WORDS OF WISDOM I AM SURE HE SEES THIS! |
| Former Seller: Joes Custom Guns(380-2-2) | Post#12 - Posted: 03/03/2009 at 16:26:14 |
| (no avatar) | WILLIE...Did you not read AA-bob's statment WE WILL NOT BE EXTENDING ANY AUC TIONS |
| Former Seller: babun(98-1-0) | Post#13 - Posted: 03/03/2009 at 16:53:46 |
| (no avatar) | If a site goes down at the last few minutes of bidding, I feel the auction has NOT ended. If AA does not wish to extend it, fine, it is their call. BUT the seller should NOT have to accept any bids placed before it happened. A free relist would be in order. JMHO bob |
| Seller: WILLIE TA(1459-0-1) | Post#14 - Posted: 03/03/2009 at 17:05:42 |
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JOES CAN YOU TELL ME THE POST NUMBER IN THIS THREAD WHERE BOB WROTE OR ARE YOU THINKING OF WHERE HE SAID THE AUCTIONS ARE NOT BEING EXTENDED.. I MUST BE BLIND BECAUSE I DO NOT SEE IT. |
| Seller: ELDORADO 1(235-0-0) | Post#15 - Posted: 03/03/2009 at 17:56:20 |
| (no avatar) | WILLIe TA..... YOU ARE blind!!!!! it's the thread title at the Top....LOL. Go all the way to the top and read it....lol Long day huh? I agree with you 110% that you are not bound to complete any auction that did not reach the end of the contracted time frame. If the server went down for 2 hours or 2 minutes......then Auction Arms did not fulfill their end of the contracted time frame thus breeching their contract with the seller. They better look into this because there are many sellers that would end up getting the shaft if they attempted to hold them to the amount bid as being the end of the auction when the server went down. |
| Former Seller: Joes Custom Guns(380-2-2) | Post#16 - Posted: 03/03/2009 at 23:34:48 |
| (no avatar) | WILLIE....I have an extra set of eye glasses that I could LIST FOR YOU |
| Seller: WILLIE TA(1459-0-1) | Post#17 - Posted: 03/04/2009 at 04:54:30 |
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THINK YOU MIGHT NEED THE GLASSES SO YOU CAN CHECK YOUR SPELLING MORE OFTEN ALSO HAVE NOT SEEN YOU LIST ANY PENNY AUCTIONS. IS THAT IN THE FUTURE FOR YOU? GEE I WOULD LIKE TO STEAL SOME STUFF FROM YOU LIKE YOU ALWAYS WANT TO DO TO OTHERS. |
| Former Seller: Joes Custom Guns(380-2-2) | Post#18 - Posted: 03/04/2009 at 14:35:03 |
| (no avatar) | WILLIE...Are you still PO's because I won your Wifes GLOCK PENNY auction I was the only bidder so it SOLD for a PENNY I sent payment the same day that I got the invoice PS. I'm to old to learn to spell now |
| Seller: WILLIE TA(1459-0-1) | Post#19 - Posted: 03/04/2009 at 14:56:47 |
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CYRO...YOU'RE RIGHT. CAN'T TEACH AN OLD DOG NEW TRICKS! |
| Buyer: ODOTER(76-0-1) | Post#20 - Posted: 03/05/2009 at 12:47:23 |
| (no avatar) | It was quoted that, "Auction Arms is not responsible for damage or loss caused by errors in the system or by interruption of Internet traffic. As an Auction Arms User, you use Auction Arms at your own risk." Just for some background, I am not an attorney. However, as a Professional Engineer, I have been involved professionally in the interpretation of construction contracts for over 40 years. 32 of those years were spent with the Ohio Department of Transportation and I was in the contract owner's position. Over that period of time, I have learned that it is extremely difficult to transfer liability for owner errors by writing such clauses into a contract. (Auction Arms is the owner of the contract on this website.) The owner of a contract can write in any number of clauses with the intention of protecting themselves from liability, but they may not all be enforceable or defendable in a court of law. I would question AA's ability to enforce the first half of the contractual clause listed above. It seems the "damage or loss caused by errors in the system" is owned by AA and is not a liability that can be transferred to the AA membership. The second half of the clause is addressing an occurrence outside of the control of AA. This situation is certainly understandable, yet it would seem more membership friendly to recognize it as also being outside of the control of the seller. As a result, it would be excuseable and noncompensable to both parties. AA would owe nothing to the seller, but additionally, the seller should owe nothing to AA for commission. To address this more reasonably, it would be more user friendly to just cancel the auctions and allow for relisting. Possibly, AA should revisit this issue, come to a compromise, and adjust the policy in the Terms and Conditions. If I remember correctly, Manny is an attorney and I am sure he will have a comment. |
