Over my career as a merchant (20 years now), I have read through the laws a few times, and I also see where the general public has very little knowledge of the actual laws. I would be clueless if not for being in the business and researching it. Given that problems are almost always resolved on their own, there is little need for the average person that buys and sells a few instrument to be overly concerned with it.I don't think I'll buy anything else that has to be shipped. At least if in person I know when it's mine and any dispute can be settled the old-fashion way if I can reach his nose.
But here it is:
https://www.law.cornell.edu/ucc/2
It pretty well covers everything and is not weighted toward the consumer. Keep in mind, that dealers are usually in various contracts that limit their rights under the UCC. These being the venues we sell, method of payments, etc... Our contracts with these channels and services override some of our rights under the UCC.
Robert Fear
http://www.folkmusician.com
"Education is when you read the fine print; experience is what you get when you don't.
" - Pete Seeger
The problem some people face with selling a few instruments is that, should my client be benefited by it, I may portray that individual as a merchant, which might work, and bring the UCC into the equation. So even selling a few instruments in a year may expose one to being subjected to the UCC. Or in any instance, being forced to defeat a claim under the UCC. Anyone who doesn't really know what they're doing might want to tread cautiously into the domain of more than a few (very few) casual sales.
People are easy to get along with until something goes sideways, and then the law finds a way. Best to be clear up front.
Stephen Perry
Petrus, exactly. There are short descriptions, flow charts and such. Some deals have to be in writing that's signed, but there are lots of ways to sign things these days, including electronic. It's pretty intuitive in retrospect and hangs together well, with lots of side issues. The risk of loss aspect gives the most confusion. What makes a contract is also somewhat iffy for folks who think they have to be in writing, what that writing might consist of, etc. Then there are duties upon imperfect delivery of the goods and remedies that make sense, in retrospect, but can prove quite alarming. So a run though on a winter afternoon can later trigger "Hey, I remember seeing that" and then "Woah! I'm setting myself up for some hurt!"
And ANY small business should have a friendly local business attorney available. A $25 6 minute phone call can save 1000s.
Stephen Perry
Jeff, go ahead. 3 years of hard work, a nice little pop quiz, continuing legal education, malpractice insurance, suits, and the joy of dealing with upset people who learned everything they think they need to know about the judicial system from Judge Judy and Law and Order. Fun stuff! Lots of overhead expenses in addition.
I'm serious about people learning something about this. A nolo book on contracts should be in every small business.
Stephen Perry
Not to get too far off track, but though I understand the need to have codified contract laws and that they can't help but become very detailed and cumbersome over time (details seem to accrete like barnacles over the years as new situations arise), I get very cynical about the way corporations find ways to skew the playing field in their benefit by requiring "binding arbitration" in so many cases before you can access a service, get credit, a job, apartment, or what-not.
They portray this as a way to save time and expense for all parties but they don't reveal that the arbitrators work (essentially if not in fact) for the party with the deep pockets and statistically, disputes end up being found in favor of these entities in the vast majority of cases because the "little guy" (tm) has neither the experience, money, nor time to invest in properly fighting a case.
The contract laws aren't actually very cumbersome compared to not having a standard set. Disputes are actually rare, there are just so many contracts that they do arise.
Arbitration is part of the contract. Don't enter into a contract if you don't like the clauses in it, or negotiate them away. I have an arbitration issue at the moment I think I can sneak around, but it's still a little iffy.
Stephen Perry
I'll drive to the store, 2 hours, put my pants back on before I get out of the car, spend an hour diddling about in the store, pay cash, back to the car, remove pants, two hours home and be content. No contracts, no mail, no delivered next door, no lost in shipment, not blindly disappointed in a poor choice. If it's wrong, I have no one to blame but myself. I'm a simple man, driven by my stomach mostly.
Timothy F. Lewis
"If brains was lard, that boy couldn't grease a very big skillet" J.D. Clampett
Ah, but Timbo, there is indeed a contract!
Stephen Perry
And that whole hassle of having to put on pants. Who wants to deal with that!
Robert Fear
http://www.folkmusician.com
"Education is when you read the fine print; experience is what you get when you don't.
" - Pete Seeger
Timbo, you sound like the Maestro from Seinfeld! Don't want to lose your crease!
Yes, the contract does exist, as do the pants. Damn! You might say it was a pocket contract which has been fulfilled?
Timothy F. Lewis
"If brains was lard, that boy couldn't grease a very big skillet" J.D. Clampett
OP - has this been settled? How did t work out?
Yep, settled amicably!
Timothy F. Lewis
"If brains was lard, that boy couldn't grease a very big skillet" J.D. Clampett
Utilikilts.com
Mick
Ever tried, ever failed? No matter. Try again, fail again. Fail better.--Samuel Beckett
______________________
'05 Cuisinart Toaster
'93 Chuck Taylor lowtops
'12 Stetson Open Road
'06 Bialetti expresso maker
'14 Irish Linen Ramon Puig
Mick, you have such an interesting perspective!
Timothy F. Lewis
"If brains was lard, that boy couldn't grease a very big skillet" J.D. Clampett
Keep that skillet good and greasy all the time!
Bookmarks