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Article #7

"Form of Agreement" for buying/selling on the net

#7
From: Phil Addison
Date: Wed, 24 Sep 1997 00:00
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[X-Posted to uk.adverts, uk.adverts.computer, demon.adverts,
demon.adverts.d. Follow-ups set to demon.adverts.d]

Hi all,

I've bought quite a bit of stuff recently on the net and have fallen into
most of the mistakes that can be made! I built up a list of things to check
when buying on the net and this developed into an idea for a 'Net
Agreement'. Hopefully it's adoption will reduce the flame wars on here, by
avoiding misunderstandings. 

My idea is that a lot of agro would be avoided if both parties had a
standard agreement to refer to. To this end I've written up a draft for a
'Net Agreement' and if people want to comment on it or make suggestions for
improved wording I'll collate these and post the results back. I'd also
like some ideas on how to disseminate it when it's ready.

I would prefer to have discussion on the net rather than by email so I've
set follow-ups to be routed to demon.adverts.d, see you there...

Here it is...
------------------------------------------------------------------------
    AGREEMENT TO BUY OR SELL GOODS ADVERTISED VIA THE UK INTERNET

"The buyer and seller agree that goods will be bought and sold on the basis
of this agreement. Both parties agree to take equal 'risk' on the deal.
This is because (a) the buyer has to rely on the seller to dispatch the
goods as described, and (b) the seller to rely on the buyer to send a
cheque that will be honoured. 

Both parties agree to conduct the transaction as follows. The buyer will
send a cheque by 1st class post as soon as agreement to go ahead is
reached. The seller will dispatch the goods immediately on receipt of the
cheque. Hence the buyer takes the 'risk' of whether the goods are as
expected, and the seller the 'risk' that the cheque will clear. Waiting for
the cheque to clear before dispatch would eliminate 'risk' for the seller
but extend the buyers period 'at risk' as to whether the goods will arrive
as expected, and is therefore outside this agreement. 

The total sale price including any carriage and VAT, method of shipment and
latest delivery date is to be agreed prior to the buyer posting the cheque.
The seller agrees to confirm to the buyer, immediately on dispatch of the
goods, the date and method of despatch and expected delivery date. In turn
the buyer will advise the seller as soon as the goods are received, or if
they do not arrive by the stated deadline. 

The seller remains responsible for the goods until delivery to the buyer,
and is therefore responsible for adequate packaging and insurance against
loss or damage in transit. In the event of loss or delay in transit the
seller will be responsible for chasing the carrier, and will refund the
buyer if the goods cannot be located in a reasonable time. The seller
remains responsible for any claim on the carrier or insurer. Note that
inadequate packing would probably invalidate an insurance claim. The buyer
is responsible for testing the goods a reasonable time (1 week maximum)
after receipt and advising the buyer if any damage is found.

In the event of default by either party normal redress is available, i.e.
through complaint to the ISP, announcements of the facts in the appropriate
newsgroups, or via the Small Claims Courts.

The EMail transmission and receipt of this agreement between the parties in
both directions shall constitute agreement by the parties. In the event of
dispute we authorise the ISP to divulge any relevant archived copies of
EMail between the parties as evidence of agreement."
------------------------------------------------------------------------

Don't forget - discussion will be on demon.adverts.d.
See you there,
Phil Addison

--
Phil Addison
Bristol, England
* NewsGroup follow-ups to the NewsGroup please -
* that's what they're for! - I do check for follow-ups.
* Use phil at severn.demon.co.uk to contact me.
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From: phil@severn.demon.co*uk (Phil Addison)
Subject: "Form of Agreement" for buying/selling on the net
Date: 1997/09/24
Message-ID: <342a2a3e.14592858@news.demon.co.uk>
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