(Forum Home)--->(System Info & Announcements)--->(System Outage)
| Thread Admin: AA-bob (3-0-0) (Last 10 Posts) | Posted: 03/01/2009 at 12:45:31 |
| Total Posts: 22 |
Thread Title: "System Outage"
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| Thread Admin: AA-bob (3-0-0) (Last 10 Posts) | Posted: 03/01/2009 at 12:45:31 |
| Total Posts: 22 |
Thread Title: "System Outage"
|
| 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 |
| Former 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. |
| Former 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 |
| Former 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 |
| Former 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. |
| Former Seller: WILLIE TA(1461-0-1) | Post#21 - Posted: 03/06/2009 at 04:19:55 |
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ODOTER NO MANNY IS NOT A LAWYER BUT BOB IS THE ONE WITH A LAW DEGREE AS FAR AS EVER PASSING BAR AND BEING ADMITTED I DO NOT KNOW THE ANSWER TO THAT. NOW AS FAR AS THIS RULE I SAID IT SUCKS. IF SITE GOES DOWN THAT'S THEIR UNDER THEIR CONTROL AND IT WOULD SEEM MORE USER FRIENDLY TO LET THE PERSON RELIST THE ITEM WITH NO FEES WHEN IT WENT DOWN. NOW IT IS UNDER THEIR CONTROL TO EXTEND THE AUCTION WHICH THEY HAVE DONE IN PAST AS I REMEMBER, IF THEY WANT TO BUT THAT WOULD BE THEIR CHOICE. I AM SURE IN A COURT OF LAW THAT THEY WOULD LOSE THE CASE BUT I AM NO JUDGE OR ATTORNEY. |
| Buyer: DrZoomy(8-0-0) | Post#22 - Posted: 03/07/2009 at 07:38:16 |
| (no avatar) | I had been attempting to bid on several I had been watching, just flat out couldn't log in. I imagine I'm not near as disappointed as those lower volume sellers that can't afford to miss those bids in the final hours, much less the bids in the final minutes. Then again, last time I said anything about most anything I was rebuked by the regulars so I guess this is where I'm supposed to stare at my feet and lose all facial expression as I utter in monotone like a zombie and tell anyone that complains: tuff tooty it's the way it is here, iffin ya don't like it, lump it, take it away & dump it....But that would be mean huh. |
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