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- Path: sparky!uunet!gatech!paladin.american.edu!darwin.sura.net!seismo!cooper
- From: cooper@seismo.CSS.GOV (Dale Cooper)
- Newsgroups: misc.consumers
- Subject: Re: DISPUTE OVER A BILL WITH SAN FRANCISCO EXAMINER!
- Message-ID: <51795@seismo.CSS.GOV>
- Date: 8 Jan 93 20:39:16 GMT
- References: <MCGRANT.93Jan5224235@rascals.stanford.edu> <1993Jan7.012652.8731@ads.com> <prk.726482825@polaris>
- Sender: usenet@seismo.CSS.GOV
- Organization: Center for Seismic Studies, Arlington, VA
- Lines: 38
- Nntp-Posting-Host: beno.css.gov
-
- In article <prk.726482825@polaris> prk@planet.bt.co.uk (Peter Knight) writes:
-
- >I have been reading this thread with incredulity:
- >
- >More civilised countries, eg the UK, have laws about unsolicited goods,
- >ie products you didn't order and so have no contract with the supplier.
-
- Not meant as a flame but I think you missed something. We, (the US - another
- semi-civilised country ;) ) to the best of my knowledge, have similar laws. The
- key thing that I think you are missing here is that this was NOT an unsolicited
- offer.
-
- The gentleman received an offer from the paper, he accepted the terms of "the
- contract" (an open-ended subscription) and is now arguing that the newspaper
- is requesting payment for something that he did not request, therefore he is
- not obligated to pay the balance due.
-
- This is not, in any terms, an unsolicited offer as you have indicated.
-
- The confusion lies in whether or not it is the responsibility of the newspaper
- to _assume_ that the subscriber wishes to end the subscription (terminate the
- contract) for whatever reason simply because he has elected to stop paying
- the balance due.
-
- >Basically, if anyone does send you things you didn't want, then
- >
- >1 You don't have to pay for them;
- >
- >2 You don't have to pay for them to be sent back;
- >
- >3 You may dispose of them after a reasonable time.
-
- Sounds reasonable to me.
-
- >The only obligation is that, if the supplier does request his goods
- >back within a reasonable time, you should make them available to him.
-
- >Peter Knight
-