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It
might not be a problem for the bulk buyer if they are merely acting as
import
agent -eg we can all get R1 DVD's (and used to be able to get laser
discs)
>from
from
the US. This is not illegal. What _is_ illegal is to sell R1
DVD's
over here.
I
think the problems arise whent these companies buy in bulk (to save money)
and
_then_ find buyers for the goods, rather than importing on a one to one
basis.
Similarly, the 'blame' may lie with the US retailer for a bulk
buy
for specific people.
Also,
goods that are 'not for sale outside the US' - surely it is the retailersr
esponsibility NOT to sell to overseas buyers (ie the bulk buyer) in the
first
place, so blame continues to be with them?
On a
similar-ish note, I am trying to clarify the matter WRT the (possible)
Audiotron
buy - as the customer, the warranties may lie with me, (my name on the
invoice)
but if the warranty is transferable and I transfer it to the end user, then
the
warranty should be between the distributor and the end
user.
Either
way, there is a warranty with the units, it's just a matter of who you
would
return them to if they go faulty (if the buy goes
ahead).
Tony
-----Original
Message-----
From:
Mark Harrison [mailto:Mark.Harrison@xxxxxxx]
Sent: 30 May 2002
12:18
To: ukha_d@xxxxxxxSubject: RE: [ukha_d] Need
legal advice?
Retail law isn't common-sense!
This is why I'm wondering if there are any lawyers on the
list...
... whatever the intentions of the bulk-buy organiser, or the
purchaser,
if an insurance company asks "where did you get this product", and
discovers
the bulk-buy, then they might chose to sue.
-----Original Message-----
From: Kenneth Watt
[mailto:kennwatt@xxxxxxx]
Sent: Thu 30/05/2002 12:14
To: ukha_d@xxxxxxx
Cc:
Subject: RE:
[ukha_d] Need legal advice?
Don’t think so
Mark, would the actual organiser of the bulk buy not really be classed as a
co-ordinator or middle man, therefore not responsible in any way as he is,
effectively, acting on behalf of UKHAer A.
Therefore the burden of responsibility would be either placed with UKHAer A for not buying a UK product or with
the manufacturer for selling a defective one?
Since organiser D
isn’t offering a warranty and only a brokering service I wouldn’t see
how
the insurer could have a claim against them in
particular.
K.
-----Original
Message-----
From: Mark
Harrison [mailto:Mark.Harrison@xxxxxxx]
Sent: 30 May 2002 12:05
To: ukha_d@xxxxxxxSubject: [ukha_d] Need legal
advice?
The
combination of the BB threads and Nik's has made me worry. This ISN'T about
profit or not, and it doesn't apply to the Audiotrons (see end)
:-)
Let's
run by a quick scenario:
-
UKHAer "A", buys product "B" from US supplier "C", through a bulk buy
organiser "D".
- 6
months later, "A" suffers an injury as his "B" explodes.
- This
injury forces him to take 12 months off work.
-
Fortunately, he is insured, and his insurance company pays his disability
benefit
- His
insurance company then starts the normal process of looking for someone to
claim the money back off.
-
Increasingly, it is standard practice to issue "shotgun suits" - ie to
issue
suits for damages against everyone in the chain... manufacturer, US
supplier
"C", _and_ probably bulk-buy organiser "D".
...
it's possible that the courts might rule that D had a responsibility, had
committed an offence by selling something without CE certification, and
this
offence had ended up in an injury... therefore D was
responsible?
What
d'ya think?
M.
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