N9LCD wrote:Is the expression "AS IS" ambiguous?
N9LCD
Think "Context dependent"
No not in and of itself. Ambiguity comes from the statements that accompany the "As-Is". The uncertainty of meaning . Demonstrated in this thread by the multiple interpretations. Some people place weight on the description while others put 100% on the "As-Is" The meaning of the entire ad is very uncertain, hence an ambiguity exists.
This is the reason most courts decide disputes
against the
author of an ambiguous agreement . Paypal usually holds the seller to his basic description when the "As-Is" stuff crops up. "As-Is" does not, should not trump the other stated elements of the description. "
"Clarification/Communication" ?
Clarification defeats the purpose of the "As-Is" for the would be scammer!
All too often people will lie through their teeth if you ask for clarification before the deal. If you get the clarification VIA a phone call, it is just "verbal". Taping a phone call has different levels of legality in many states so beware of that practice. Try instead to get an email so you have some form of hard copy.
Better to deal with the people who give accurate descriptions of the known issues. The people who take clear, well exposed photos. Close ups of blemishes etc. They rarely feel the need to add "As-Is". Be very careful when "As-Is" is included after a glowing description of an item .
About the only time I consider buying As-Is would be in situations where the flaws are openly exposed,the seller admits not being able to test , is selling an item he knows nothing about or is just plain offering a parts rig etc. So long as everything that was in the photo or description is present when the item arrives, all is well.
I personally have never used the term when selling. If it doesn't work I guarantee it won't work. Otherwise it will arrive safe, sound every bit as described or your money will be refunded.
Honest people are indeed cheated every day by dishonest people.Honest people often have little experience in dealing over distances with individuals they know little about. Very unkind to imply that so many of the people who have indeed been shortchanged by unsavory dealers right here @QTH and elsewhere are not honest. In fact very likey it is at least as hard to cheat a thief. Truisms are rarely true.