Hi

Wednesday, September 1, 2004, 2:58:03 PM, Morgan Pugh wrote:

MP> Hi Mark,

MP> Wednesday, September 1, 2004, 2:35:24 PM, you wrote:


MP>> Hello John,

MP>> Wednesday, September 1, 2004, 1:17:18 PM, you wrote:

>>>> That being said, I must say that as far as the law is concerned,
>>>> you won't get far with this argument. Sorry.

JP>>> Depends what country he is in.

And on what country the transaction took place in.

MP>> Well, to start with, fill me in on the Australian situation. How much time
MP>> (after buying things or services) does a consumer have to claim a refund?

MP>> 1 year (would be very generous), a month, 10 days?

MP>> And, is there really a basis for granting such a request? Does he have a
MP>> written contract in which is stated that specified bugs would be solved?

What does the EULA say? And ore those terms "fair and reasonable"?


MP> In the UK you have 14 days

I believe the Sale of Goods Act just says "a reasonable time" and
does not define what that may be.

MP> however companies that offer a trial version for at least 14
MP> days (which Ritlabs does with a 30 day trial) means they do
MP> not have to offer any refunds as the user is able to use the
MP> product to its full capacity before buying it.

The Sale and Supply of Goods to Consumers Regulations say that a
fault arising within 6 months of purchase is presumed to have
existed at time of delivery.

MP> As for what Ritlabs said they would do feature wise in TB! it depends
MP> if it was a true contract or just features they are planning on
MP> adding/fixing.

Also, in the UK goods must be "as described". Software sold on the
basis that bug fixes were on the way has been misrepresented if
they do not materialise.

MP> I am not a lawyer

Same here.


-- 
Best regards,
 
MFPA                            mailto:[EMAIL PROTECTED]

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