Got burnt today

[Leon]

Originally Posted by Deertick

That's what I said.

Adam makes me all warm and fuzzy with that lawyer-talk. Man, I wish I could do that AND make sense at the same time. It'll never happen. I would be revising my post for 3 days before I hit the respond button AND would still screw it up.

[steve B]

Originally Posted by Exhibitman

No, it is because of a series of court rulings on free speech that grant certain speech and assembly rights in public spaces, like malls or the walks in front of grocery stores. The purpose of the waiver [it is not an exculpatory clause disclaiming liability but a contract clause waiving a right, so it is a waiver not a disclaimer] is to preclude a 1st Amendment argument that the stadium is a similar public space in which certain Constitutional rights might exist.

That's almost the first thing I thought. My first thought was that the Yankees had been on the losing end of one of those decisions.

A friend of mine who works for a big firm as a librarian told me to consider that every time I saw a caution on a power tool or some other bit of equipment it meant that someone somewhere was dumb enough to actually do that and lived to sue and win. He's sent me links to info about some of the cases and I'm just amazed the stuff people actually have to be warned against. (Don't use the lawnmower as a hedge trimmer I think that's my favorite)

Steve B

[JimStinson]

I get that about the lawnmower makes sense ...but is it OK to use a hedgetrimmer for a haircut ???
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jim@stinsonsports.com

[Runscott]

Originally Posted by steve B

(Don't use the lawnmower as a hedge trimmer I think that's my favorite)

Steve B

Like most everyone, I mowed lawns as a teenager. I once showed up at this woman's house and she wanted me to edge her lawn. So she gave me a weed-eater to do it with. It was a disaster and I ruined the tool. I'm glad she didn't have any other power-tools - I might have killed myself.

[JimStinson]

Did I just say Hedge trimmer ??? I'm sorry I meant to say hedge hog....although in comparing the two photos I think they qualify for a "seperated at birth" ...
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jim@stinsonsports.com

[JimStinson]

.....I'm sure of it, twins seperated at birth
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jim@stinsonsports.com

[JimStinson]

More proof....
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jim@stinsonsports.com

[JimStinson]

Weed eater or hedge trimmer ???? Maybe lawnmower ? maybe all three
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jim@stinsonsports.com

[Scott Garner]

Originally Posted by JimStinson

Weed eater or hedge trimmer ???? Maybe lawnmower ? maybe all three
_________________________
jim@stinsonsports.com

Yikes!

[Paulanthony]

They have had so many complaints from buyers that they keep adding disclaimers to their descriptions. Now on every single sports related item, they put: Believed to be Not Authentic, Please Bid At Your Own Risk and Rely On Your Own Inspection and Judgment

It appears the auction house needs a disclaimer for the disclaimers.

My first thought was that if they believe it to not be authentic then they shouldn't be selling it. I bought a PSA/DNA Barry Sanders autographed 8x10. When I picked it up, I found that it was a photocopy of a Barry Sanders PSA/DNA autographed photo. It was just a piece of paper in a frame.

The Sanders 8x10 auto displayed a PSA/DNA sticker. The auction description failed to mention it was a copy. A disclaimer no matter how it's written can never justify misstatements and partial statements that are misleading, because they do not disclose something the consumer should know. This type of deception is also likely to affect the purchasing decisions. Deception is a representation, or omission that may mislead the public. Whether the representation or omission is deceptive is based on what a reasonable consumer would infer from the information provided. An omission of not informing the buyer what to expect and the lack of having said anything may be considered Misrepresentation, false methods advertising. Federal Trade Commission. FTC POLICY STATEMENT ON DECEPTION covers just about everything I have written.

If you have fallen victim of this type of deception and you have used one of the major credit cards to pay for the item you should contact them and request a charge back. All major credit cards have a Code which covers items not described. I use Visa, there code for items not described is Code 53. Not as Described or Defective Merchandise. Relating this information to the auction has a potential for ending any dispute in the favor of the card holder.

Disclaimer: I am not a lawyer, the information is a written opinion and is not legal advice

[mr2686]

Originally Posted by Paulanthony

It appears the auction house needs a disclaimer for the disclaimers.



The Sanders 8x10 auto displayed a PSA/DNA sticker. The auction description failed to mention it was a copy. A disclaimer no matter how it's written can never justify misstatements and partial statements that are misleading, because they do not disclose something the consumer should know. This type of deception is also likely to affect the purchasing decisions. Deception is a representation, or omission that may mislead the public. Whether the representation or omission is deceptive is based on what a reasonable consumer would infer from the information provided. An omission of not informing the buyer what to expect and the lack of having said anything may be considered Misrepresentation, false methods advertising. Federal Trade Commission. FTC POLICY STATEMENT ON DECEPTION covers just about everything I have written.

If you have fallen victim of this type of deception and you have used one of the major credit cards to pay for the item you should contact them and request a charge back. All major credit cards have a Code which covers items not described. I use Visa, there code for items not described is Code 53. Not as Described or Defective Merchandise. Relating this information to the auction has a potential for ending any dispute in the favor of the card holder.

Disclaimer: I am not a lawyer, the information is a written opinion and is not legal advice

I believe the code for getting stuck with a bad autograph is OU812