Path: utzoo!news-server.csri.toronto.edu!cs.utexas.edu!swrinde!zaphod.mps.ohio-state.edu!magnus.ircc.ohio-state.edu!tut.cis.ohio-state.edu!erg.cis.ohio-state.edu!schwarz From: schwarz@erg.cis.ohio-state.edu (Marc Schwarz) Newsgroups: comp.sys.next Subject: Re: Businessland Deal Screwup. LONG Beware !!! Message-ID: <91098@tut.cis.ohio-state.edu> Date: 6 Mar 91 04:56:33 GMT Sender: news@tut.cis.ohio-state.edu Reply-To: Distribution: na Organization: Ohio State University Computer and Information Science Lines: 61 bmwu@athena.mit.edu (Benson M. Wu) writes: > I just bought an '030 NeXT Cube from Businessland. > However, when the Cube arrived on 2/28/91, several things were > missing. These items include the things listed below > and the NeXT System Reference Manual (0.9). Worst of all, > the '30 Cube fails to boot. The screen displays a message > that says "System test failed." I got the same message > with or without the OD... > [ rest of message deleted ] The following is printed verbatum from the Businessland NeXT Demo Sale Flyer: ------------------------------------------------------------------------------- These systems are being sold as used, since they were all utilized for customer demos, in store displays, training, etc. They may not have all the original packaging or documentation and there may be slight cosmetic dents, scratches, etc., but all are in full working order. Just to be sure, we're offering a 30Day warranty exchange should any item fail to perform. ------------------------------------------------------------------------------- The flyer clearly states that you might not receive complete documentation and/or packaging. The stickers, the hex wrench, and the 1.0 user manuals and references all come under this heading. As for the T-shirt, when you register your machine, NeXT will send you a shirt. In that this is used equipment, what you are essentially paying for is a working cube; additional items might not be included (which Norm/Businessland spell out). Also, your invoice should be in a small bag that is taped to the outside of either the cube or monitor's shipping box. Businessland here appears to be providing what they offered in their flyer. Your concern about not being able to boot your machine, however, is a different matter. Businessland offered working cubes; if you did not receive a working cube, then Businessland would be expected to make reasonable efforts to get you a working cube. By providing you with information on how to fix/return your cube, they appear to be making such an effort. This is not intended to be a flame. Whenever you buy something, especially used, you have to have a proper understanding of what is patently being offered for purchase. Had Businessland used language such that a reasonable person would interpret that the machines were like new and/or came complete as initially shipped from the manufacturer, then your comments about not receiving what you expected as per documentation/packaging might be of merit. Businessland however did, in fairly explicit language, state what you would receive. As for not receiving a working cube, Norm Gilbert's letter in which he apologises for your difficulties and offers methods for remedying the situation appear to be reasonable attempts to provide you with proper consideration. I am not affilated with Businessland. I, as yourself, purchased a cube via Norm. While my machine did arrive with sealed documenation, stickers and a hex wrench, it also came with noticeable cosmetic damage. My machine appears to work (so far); the chipped paint is the compromise I accepted in order to get a working cube so inexpensively. I am also not an attorney (although about half the men in my family are :-) ), so standard disclaimers apply. Marc. -=- schwarz@cis.ohio-state.edu