🚀 go-pugleaf

Here's my tuppence worth.
Most are notes/amendments within the original.

Basically - if someone is out to rob or cheat you, this agreement will not
help.
And - if they are - there is no 'equal risk'.
The assumption here is that both parties are acting in good faith.

So, what would help is - once the deal is completed and both sides are
happy -
if a copy of the agreement could be posted to some common 'notice board'.
Ideally this should only appear if both sides 'sign it off'.
This way, when someone sees an item they like, they can look on the 'notice
board' and see if that person has completed any (or many) successful deals.

Here are some other points:
Does the agreement assume no warranty period?
When is the cheque cashed?
Who's responible for the costs involved in returning damaged/faulty goods.

Regards,
Tom Tobin.

> ------------------------------------------------------------------------
>     AGREEMENT TO BUY OR SELL GOODS ADVERTISED VIA THE UK INTERNET
To be any use I think it should include the buyers name, address (where the

goods are to be sent), a phone number and the email address. Also the same
details for the seller. The sellers address being the address that the
cheque 
is sent to. If this information is checkable - ie thru' directory enquiries
- this
should be shown on the agreement.
> 
I think it should also say what is being bought/sold.
This should make clear whether the goods are:
new/used/working/tested/untested/complete/cosmetically
OK/damaged/faulty/etc
in original packaging/with manuals/no manuals/with all cables/no cables/etc
(a tick-box of choices)
This alone would minimise most of the usual 'blindness' that occurs on both
sides.
> "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. 
If there is any damage to the package - the buyer must immediately advise
the
seller.
If the goods are not what he expected - the buyer must immediately advise
the
seller.
> 
> 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 
within
> 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.
>