Sometimes they go unnoticed by consumers; other times, buyers are injured — or worse — by defective goods.
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Courts have held that software is licensed, not sold, so no product liability lawsuits can be brought for defective goods.
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In July, the federal appeals court ruled that Amazon can be held liable for defective goods sold on its site by third-party vendors.
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The closest thing, UCC 1-308, is in the definitions section and doesn't have any penalties, and it's mostly about reserving the right to sue even if you accept defective goods.
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A federal appeals court ruled that Amazon can be held liable for defective goods sold on its site by third-party vendors, who now account for more than half of the company's e-commerce revenue.
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In July, a federal appeals court ruled that Amazon can be held liable for defective goods sold on its site by third-party sellers, challenging Amazon's long-held position of denying responsibility for those products.
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Most troublesome was his discovery that his eclectic sensibility and aversion to genre, praised in Park City, made him defective goods in Hollywood, which more often rewards savvy self-promoters who are adept at molding their ideas into easily marketable products.
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At a news conference introducing the report, Navarro said the plan is meant to "shift the burden" of counterfeit goods e-commerce platforms from the government itself, similar to how brick and mortar stores can be held liable for selling mislabeled or defective goods.
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Vivianus was a Roman jurist of the second century. Ulpian quotes his decision with regard to whether slaves behaving in a strange or unbalanced manner should be considered defective goods, so that a purchaser could return them for a refund.
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The effects of broken promises, defective goods, traffic accidents and marital squabbles are no longer confined to the sovereign territory of one particular state or nation. This is especially complicated because domestic laws usually operate to satisfy domestic interest. Various causes in actions and their respective remedies differ depending on the state. This derive from historical and political circumstances.
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These situations include sales that relied on false or misleading claims, defective goods, and undisclosed conditions of sale. There are various reasons why customers may wish to return merchandise. These include a change of one's mind (buyer's remorse), quality of the merchandise, personal dissatisfaction, or a mistaken purchase of the wrong product. For clothing or other sized items, it may be a lack of a correct fit.
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On July 29, 2004, New York Attorney General Eliot Spitzer announced a consent order and judgment that would significantly reform the company's sales practices and provide restitution to consumers. The judgment permanently enjoined the company from engaging in deceptive, fraudulent or illegal business practices, and requires the company to make substantial reforms to its sales practices and customer service operations. The judgment also requires the company to make restitution to consumers for its failure to replace or repair defective goods. In addition, the company agreed to pay $275,000 in penalties, and $2,000 in costs.
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When customers enter a service firm they participate in a process. During that process, customers become quasi-employees; that is they are partial producers and they have the opportunity to see the organisation from the employee's perspective. To use a manufacturing analogy, customers are able to examine 'unfinished goods' – that is faulty and defective goods, glitches in the production system are in full view, with obvious implications for customer enjoyment and satisfaction. In addition, customers interactions with both employees and other customers becomes part of the total service experience with obvious implications for service quality and productivity.
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The addition of the Rome I and Rome II Regulations to the European Union conflict of laws regime is designed to determine the choice of law which applies to situations where commercial or civil matters of broken promises, defective goods, traffic accidents, etc. with a party which is domiciled in a Member State. The role of characterisation within an international private law adjudication might be highlighted if understood within the simplest example of the sale of a bicycle by A to B. The transaction has both contractual and proprietary elements. Different jurisdictions will characterise the matter in different ways depending on their own laws.
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Under the law as stated by the aediles, property could be returned for vitium, a fault or defect; but Vivianus gives the example of a slave who formerly behaved as if under some religious hysteria, but no longer did so. In this case, he explained, there was no longer any vitium, and a purchaser could no more bring an action against the seller for sale of defective goods than if the slave had been sick, but since recovered. If, on the other hand, the slave persisted in his fanatical behaviour, then a vitium could still be said to exist; but Vivianus still concluded that the purchaser would have no action, because the aediles only intended for an action to be brought in the case of physical defects, and not mental ones.Digesta, 21. tit. 1. s. 1.
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She obtained the degree of Dr. iur. utr. in 1978 for her doctoral thesis entitled Die Freizeichnung des Verkäufers von der Sachmängelhaftung im amerikanischen und deutschen Recht (The seller’s limitation of liability for defective goods under American and German law). For this thesis she was awarded the Herrnstadt Award for the best doctoral thesis of the year 1978. From 1978 to 1980, Schwenzer did her practical legal training in Freiburg i. Br. In 1980, she passed the Zweite juristische Staatsprüfung (Second State Exam in Law) and was ranked first amongst 334 candidates. From 1980 to 1987, Schwenzer was assistant professor and lecturer for private and commercial law at the Verwaltungs- und Wirtschaftsakademie (Academy of Administration and Commerce) in Freiburg i. Br. In 1986, Schwenzer was appointed lecturer at Philipps-Universität Marburg. In 1987, Schwenzer’s Habilitationsschrift with the title Vom Status zur Realbeziehung – Familienrecht im Wandel (From status to actual relation – family law in the flux) was accepted by the University of Freiburg.
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