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RE: Ecellent engine tool supplier

To: ryoung@NAVCOMTECH.COM, triumphs@autox.team.net
Subject: RE: Ecellent engine tool supplier
From: "Michael Gajic" <michaelgajic@hotmail.com>
Date: Tue, 13 Nov 2001 13:31:54 +1100 FILETIME=[5BE649F0:01C16BEB]
Randall Young  wrote:

>www.etoolcart.com reserves the right to change these terms and conditions 
>at
>any time and without prior notice. By using this web site, you agree in
>advance to be bound by all future terms and conditions as well.
>
>I agree in advance to any terms they may want to cook up ???

That 'term' would likely be void for uncertainty in any Australian court, 
and no doubt in the US too.


>Oh, and BTW, the waiver of liability "This site, and all information and
>materials appearing on it, are presented to the user "AS IS" WITHOUT
>WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
>TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
>PURPOSE, TITLE OR NON-INFRINGEMENT." is unenforceable by the laws of the
>state of California, which specifically state that you cannot waive the
>implied warranty of merchantability.

Some online retailers try to get around laws like that by getting the 
customer to agree to be bound by the laws of a specific state/territory 
without such laws in respect of the transaction.

Another way of trying to get around such laws is to have the dot.com set up 
in one of the jurisdictions without such laws. This is because many 
jurisdictions will consider the transaction to have taken place where the 
server/web-site is hosted.

Of course some lawmakers have wised up to that by specifically applying 
their consumer protection laws to any goods/services sold to the consumer, 
regarldess of the location of the seller.

But, you are correct Randall- buyer beware. Always.

Cheers,
Michael

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