Verbal agreements (and those done va e-mail) should be stated in
completely unambiguous terms.
"I wish to offer the following: "
"With regard to your offer of ________, I accept."
"I cannot agree to the offer you have proposed; I hereby propose the
following counteroffer."
The key is to remove all ambiguity.
Remember "Three's Company?" An entire 7-year run of half-hour sitcoms
based upon nothing more than a consistent string of misunderstandings.
Don't let your dealings become a sitcom :)
On Sat, 30 Aug 2003, J. D. wrote:
> When you ask for a preferred method of shipment, it means you are selling
> it to that person. But, as I have seen so many times in the past, lawyers
> can bully people and pull these kinds of stunts because it would cost you a
> lot of money to take them to court and the time to defend themselves is
> literally free. Lawyers have a leg up on the average Joe. However, from
> what I've seen, you'll be looking down on them some day as they will be
> looking up at you if you know what I mean. I hope lawyers like heat!
>
> :)
>
> Duffy
> www.wb8nut.com
>
> -------Original Message-------
>
> From: tentec@contesting.com
> Date: Saturday, August 30, 2003 6:18:29 PM
> To: wa6mhw@arrl.net; tentec@contesting.com
> Subject: Re: [TenTec] Is this how it is done today?
>
> Hi Chip,
>
> I am sorry that you have encountered a "raw deal" on the TenTec thread. I
> have been a ham since 1961 and the accepted practice has always been the
> "word" of the individual. If it was stated that the gear was yours then
> it was yours - not someone later that may have offered more money for the
> highly sought after model 253 auto tuner. I have seen those tuners go for
> over $1000 at times. Last year I sold my 253 tuner for $350 with out
> knowing of its price capabilities. Three weeks after the sale I was still
> receiving calls from hams (some out of the country) that wanted to send
> well over $900 for that tuner. I simply told all that called that the
> deal had been made and the tuner was no longer for sale. --- Oddly I sold
> it to a ham in Texas but not the person you mentioned.
>
> Again I feel sorry for the "raw deal" that was dealt you and please be
> assured that the manner in which you were confronted is by no means the
> "norm" but perhaps a "right wing" approach of making a buck.
>
> Jim --- N8LUV --- MI
>
>
> On Fri, 29 Aug 2003 20:56:48 -0700 "WA6MHW" <wa6mhw@arrl.net> writes:
> > I have been a licensed ham since 1959 and after twenty years of
> > inactivity I
> > have gotten the bug again. The Ten Tec reflector has been a
> > wonderful source
> > for information and guidance as well as leads for equipment offered
> > for
> > sale.
> >
> >
> >
> > Yesterday (Thursday, 8/28/03) Brian Hunsaker, W5YE of San Benito,
> > TX posted
> > several Ten Tec items for sale The listing clearly listed the
> > selling price
> > for the items if purchased separately or together. It clearly stated
> > that
> > shipping was extra and provided contact information. (The Original
> > reflector
> > message and subsequent messages are shown below). I immediately
> > responded
> > that I would like to buy the amplifier. I replied two ways. First I
> > sent an
> > e-mail to W5YE@arrl.net (see below) I provided my full name, call
> > sign and a
> > contact phone number. Second; I called the phone number listed and
> > left a
> > PRIORITY voice mail. I gave my name, call sign and phone number at
> > the
> > beginning and end of the message and stated that I wanted to buy
> > the
> > amplifier.
> >
> >
> >
> > Earlier Today (Friday, August 29, 2003), I received an
> > acknowledgement from
> > W5YE confirming that I was purchasing the amplifier and asking for
> > my
> > mailing address and preferred method of shipment. Brian Hunsaker
> > also
> > stipulated where payment was to be sent. I immediately replied with
> > the
> > shipping information and that I would send payment the same day
> > (Friday).
> >
> >
> >
> > Later I received an e-mail telling me that he was selling the
> > equipment to
> > someone else. I sent an e-mail reply and followed up with a phone
> > call to
> > W5YE using the same number I left the voice mail on. Brian Hunsaker
> > (retired
> > attorney and ARRL Volunteer Counsel -VC) stated that the reply he
> > sent me in
> > NO-WAY meant that he had agreed to sell me the equipment. I told him
> > I
> > believed we had an agreement. He further told me that he sent the
> > same reply
> > to multiple hams and that everyone on the reflector knows this is
> > how
> > equipment is sold. Since I will continue to look for an amplifier I
> > am most
> > interested in knowing if Brian Hunsaker W5YE is right. Is this the
> > Ham
> > Communities prescribed way for selling used equipment? I really
> > hope it is
> > not and that this is just an isolated case of an unethical person
> > who
> > happens to be a ham.
> >
> >
> >
> > Chip WA6MHW
> >
> >
> >
> > Message Trail Follows
> >
> >
> -------------------------------------------------------------------------
> ---
> >
> -------------------------------------------------------------------------
> ---
> > ----------------
> >
> > I have the following in near mint condition:
> >
> >
> >
> > 1. Hercules II (model 420)
> >
> > 2. Auto Tuner (model 253)
> >
> >
> >
> > Asking $1600 for both, or $850 per each, if sold separately. Prices
> > do
> >
> > not include shipping and packing.
> >
> >
> >
> > These units have been used very little over the past few years, and
> >
> >
> > have always been in a "smoke-free", air conditioned environment.
> >
> >
> >
> > Reply here, or contact:
> >
> >
> >
> > Brian - W5YE
> >
> > email: w5ye@arrl.net
> >
> > Phone: (956) 357-0625
> >
> >
> >
> > _______________________________________________
> >
> > TenTec mailing list
> >
> > TenTec@contesting.com
> > http://lists.contesting.com/mailman/listinfo/tentec
> >
> >
> >
> >
> -------------------------------------------------------------------------
> ---
> > --------
> >
> > Brian, I would like to buy the amp.
> >
> >
> >
> > Chip Pardini WA6MHW
> >
> > 925-989-8900
> >
> >
> >
> > -----Original Message-----
> >
> > From: tentec-bounces@contesting.com
> > [mailto:tentec-bounces@contesting.com]
> > On Behalf Of Brian Hunsaker
> >
> > Sent: Thursday, August 28, 2003 7:57 PM
> >
> > To: tentec@contesting.com
> >
> > Subject: [TenTec] For Sale
> >
> >
> >
> > I have the following in near mint condition:
> >
> >
> >
> > 1. Hercules II (model 420)
> >
> > 2. Auto Tuner (model 253)
> >
> >
> >
> > Asking $1600 for both, or $850 per each, if sold separately. Prices
> > do
> >
> > not include shipping and packing.
> >
> >
> >
> > These units have been used very little over the past few years, and
> >
> >
> > have always been in a "smoke-free", air conditioned environment.
> >
> >
> >
> > Reply here, or contact:
> >
> >
> >
> > Brian - W5YE
> >
> > email: w5ye@arrl.net
> >
> > Phone: (956) 357-0625
> >
> >
> >
> > _______________________________________________
> >
> > TenTec mailing list
> >
> > TenTec@contesting.com
> > http://lists.contesting.com/mailman/listinfo/tentec
> >
> >
> >
> >
> -------------------------------------------------------------------------
> ---
> > ----------
> >
> >
> >
> > Hi, Chip. Good choice! It is really nice, and has not been used much
> >
> >
> > since I purchased it a few years ago. Not long after buying it, I
> > got
> >
> > interested in QRP, and low power CW. The amp has been sitting in
> > the
> >
> > shack with the tuner - not being used. I also failed to mention in
> > my
> >
> > ad - I have the Ten Tec Rack Mount for these rigs. It holds the
> > Omni
> >
> > VI (which I plan to keep), the Hercules, and the Tuner - all in a
> >
> > "military/commercial-style" rack mount. It makes a very good
> > looking,
> >
> > professional package, with the same paint scheme and lettering as
> > the
> >
> > other Ten Tec gear. I won't have any need for it, after I sell the
> > amp,
> >
> > and tuner. I will take $400 for the rack.
> >
> >
> >
> > Please send me your address, and shipping preference (UPS, etc). I
> > will
> >
> > check online for the shipping from here to you with UPS. If you
> > prefer
> >
> > a different method of shipment, let me know. Here is my address for
> > the
> >
> > check.
> >
> >
> >
> > Brian Hunsaker
> >
> > 131 Lakeview South
> >
> > San Benito, Texas 78586
> >
> > (956) 357-0625
> >
> >
> >
> > Thanks again for your reply, and interest. I want this Hercules to
> > have
> >
> > a good home.
> >
> >
> >
> > Brian
> >
> >
> >
> >
> >
> > Hi Brian,
> >
> >
> >
> > The Hercules II is going to a good and loving home. I am just
> > getting back
> > into Ham radio after almost 20 years of inactivity, got my ticket in
> > 1959. I
> > recently purchased an OMNI VI option 2 and I am looking forward to
> > getting
> > the amp. Does the power supply require 220 or can I run it on 110
> > for a
> > while until I pull a 220 line? The rack sounds great and I would
> > love to buy
> > it but I need to watch the budget right now. I still need to get a
> > decent
> > antenna and more coax etc. As you know the hobby can get expensive.
> >
> >
> >
> > I will get the check out today. If possible I would like the amp
> > shipped via
> > FedEx ground.
> >
> >
> >
> > Tnx & Best 73's
> >
> >
> >
> > Chip Pardini
> >
> >
> >
> > 4174 Quail Run Drive
> >
> > Danville, CA 94506
> >
> >
> >
> > 925-989-8900
> >
> >
> >
> > Chip:
> >
> >
> >
> > Sorry, but I had a buyer call me direct on the phone, and wants both
> >
> >
> > units. I have agreed to terms with him. Besides, I did not have an
> >
> > opportunity to give you a final price, including freight as I didn't
> >
> >
> > know your address, or method of shipment until, this email.
> >
> >
> >
> > 73,
> >
> >
> >
> > Brian
> >
> >
> >
> >
> >
> >
> >
> > _______________________________________________
> > TenTec mailing list
> > TenTec@contesting.com
> > http://lists.contesting.com/mailman/listinfo/tentec
> >
> >
>
> ________________________________________________________________
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> _______________________________________________
> TenTec mailing list
> TenTec@contesting.com
> http://lists.contesting.com/mailman/listinfo/tentec
> .
>
>
> _______________________________________________
> TenTec mailing list
> TenTec@contesting.com
> http://lists.contesting.com/mailman/listinfo/tentec
>
--
Scott Rosenfeld ARS N7JI
541-684-9970 Eugene, OR Land o' much rain
If you find me on the air, I'm probably in my car
ham@w3eax.umd.edu http://w3eax.umd.edu/~ham
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