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Re: 300 Utility Steering
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Posted by Dave D on February 17, 2005 at 10:29:01 from (66.155.201.82):
In Reply to: Re: 300 Utility Steering posted by Tractorsandhorses on February 16, 2005 at 20:52:48:
I presume that you sold the old tractor, obviously a "used" machine, "as is" with no warranties expressed or implied. That means that once the purchase price changed hands and you gave him the tractor, if something failed the moment he started or drove it away, he KNEW he had accepted ALL risk with the machine and that you owed him NOTHING in the event anything broke or failed. I disagree with someone else writing here in that You do not even owe him a refund in return for the tractor back -- unless he restores it to the same condition in which he received it from you! (Fat chance of that, right?) He can threaten to sue you but it will probably be a small claims court case where you can appear and defend yourself without an attorney. All you have to do is testify before the judge that the terms were "as is" (i.e., no warranty) and that you are not responsible for after-sale failures FOR ANY REASON. (You can certainly tell the judge that you felt using bale forks without front weights amounted to abuse of the tractor, but that is really not the legal point of your defense.) I would strongly bet the judge will rule in favor of you, the defendant, because you are not in violation of your sales "contract" with the buyer. Hang in there and do not let this bozo rattle you!
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