Forum Home
Press F1
 
Thread ID: 9178 2001-05-12 01:38:00 Internet scam on trading Guest (0) Press F1
Post ID Timestamp Content User
12485 2001-05-12 01:38:00 Hi, i have bought a second hand Celeron 500 cpu from a nember on trademe.co.nz. On the auction it said the cpu comes with large heatsink, but when i got the cpu, it didn't....

So what can i do about it?
Guest (0)
12486 2001-05-12 02:08:00 ...if you buy second-hand goods at an auction you do not have the benefit of the standard protections under the CONSUMER GUARANTEES ACT 1993.

However, you may be protected by the FAIR TRADING ACT 1986, which prohibits auctioneers from misleading bidders as to the goods for sale.

You will also be covered by the SALE OF GOODS ACT 1908, which requires the goods sold to be of merchantable quality. However, unlike the Consumer Guarantees Act, this obligation can be overridden by the particular terms of the sale; so auctioneers frequently avoid this obligation by stating that the goods are sold 'as is, where is'.

Auction sales are different from other sales such as from a second-hand dealer ? when you buy from a dealer you are protected by the Consumer Guarantees Act. Because your limited protection under the Sale of Goods Act is often waived in an auction sale, the goods will generally be sold 'as is, where is' and you will have little redress if the goods are faulty, *provided that* the goods matched the description under which the auctioneer sold them.

On the face of it there has been a breach of contract and there are legal remedies available to you.

Good Luck!

CREDIT: http://www.howtolaw.co.nz/
Guest (0)
1