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Sold/Expired FS/FT Aleph 2 x 123 tube Sold with apologies to Mirage man

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ggaarryy

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Not an expert on these so , not sure on colour. It does not look black to me but I do not have anything else Aleph to compare it with. Excellent condition. I am happy to send a photo to interested parties.

Looking for an AA extender and/or 123 body for jetbeam mark one.

$32-00 shipped.

Thanks.

Once it is in the post I a no longer responsible for it.
 
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Re: FS/FT Aleph 2 x 123 tube

Sorry to all concerned, surfer PMed me with an unqualified take. As I said I am not an expert on these things and it is not new so ,although I feel that it is in excellent condition I cannot guarantee it to be defect free.

So please accept my apologies for what seems like a poor sale on my part.:oops:
 
Re: FS/FT Aleph 2 x 123 tube

ggaarryy said:
Sorry to all concerned, surfer PMed me with an unqualified take. As I said I am not an expert on these things and it is not new so ,although I feel that it is in excellent condition I cannot guarantee it to be defect free.
Click to expand...

Would it not be fair to contact mirageman with the details prior sale with the facts...?

After all he posted " I`ll take it" first....

I`m sure silversurfer would have understood....
 
Re: FS/FT Aleph 2 x 123 tube

greenstuffs said:
I'll Take it IF is not how this game works
Click to expand...

In law, the posting on the forum constitutes an offer to sell. An "I'll take it" constitutes an acceptance of the offer and a contract to sell is formed. Offer and acceptance.

On the other hand, if a buyer conditions his acceptance of the offer, he has made a counter-offer or a conditional offer, which does not constitute a completed contract, but only a statement that if certain conditions are met he will pay the price asked. No contract is formed until the seller accepts the counter offer.

But if a buyer comes along stating an unconditonal acceptance -- as here -- after a conditional offer has been made and prior to an acceptance of the conditional offer, the seller has no option but to accept the unconditional acceptance, for the unconditional acceptance formed a contract. At that point, the seller had no option. He either had to sell to the buyer who accepted unconditionally or be in breach of contract.
 
Re: FS/FT Aleph 2 x 123 tube

william lafferty said:
In law, the posting on the forum constitutes an offer to sell. An "I'll take it" constitutes an acceptance of the offer and a contract to sell is formed. Offer and acceptance.

On the other hand, if a buyer conditions his acceptance of the offer, he has made a counter-offer or a conditional offer, which does not constitute a completed contract, but only a statement that if certain conditions are met he will pay the price asked. No contract is formed until the seller accepts the counter offer.

But if a buyer comes along stating an unconditonal acceptance -- as here -- after a conditional offer has been made and prior to an acceptance of the conditional offer, the seller has no option but to accept the unconditional acceptance, for the unconditional acceptance formed a contract. At that point, the seller had no option. He either had to sell to the buyer who accepted unconditionally or be in breach of contract.
Click to expand...

:thinking:


:twothumbs
 
Re: FS/FT Aleph 2 x 123 tube

I said I'll take it if it was defect free. There were no pictures posted though were offered upon request. I would have thought I would have had a chance to request pictures and either accept or decline based on a response to my qualification. I was not given any such chance. Silversurfer PM'd the seller as I see it as a way around me. I said it was not cool and still believe so. If someone said they would take an item I had for sale contingent upon something I would have at least given them first dibs.

Believe what you want but I will not forget.

No more will be said about this matter from me.
 
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Re: FS/FT Aleph 2 x 123 tube

Mirage_Man said:
I. I would have thought I would have had a chance to request pictures and either accept or decline based on a response to my qualification.
Click to expand...


It is certainly understandable that someone might think this and I am sure many people, in an attempt to be friendly and considerate, conduct business this way. If they do, however, they are at risk of being sued for breach of contract. On the facts of this case, had seller sold to MM after the unconditional buyer posted "I'll take it," the unconditional buyer would have been an injured party and would be in a position to sue for breach of contract, for at the time when he wrote "I'll take it" he created an obligation in the seller to deliver. The only way the seller could have sold to MM without risk of suit would be to have accepted the conditional offer before the unconditional acceptance was made. That didnt happen.

I'm writing this not because I have any interest in this transaction, but only to offer some guidance as to legal requirements in contracts for sale.
 
The OP made a mistake, most of us have as well. Let's give him a little slack on this one, not like the item is Unobtanium......another will be around soon enough.
 
While I understand your point William this is not a court room. Last I checked their were no laws governing the sale and purchase of flashlights and parts here on CPF. This is I thought, a community. I will be the first to admit I have made mistakes and certainly will again. I for one will not lose any sleep tonight over this. It just think it "wasn't cool", that's all. Let's not bring law theory into this :ohgeez: .

I am over this and am moving on. Like Groundhog66 said it ain't like I won't be able to get another one. After all these are just flashlights. :nana: :crackup:
 
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