I suggested that in post 129
Clive
Printable View
Actually I would have already offered to use my Trust Account for that purpose, had I been local. My solution would have been along these lines:
- The full price is paid into a Solicitors Trust Account. The solicitor holds the funds as stakeholder.
- That money is held on Trust and is to be disbursed as follows:
- The Vendor will arrange collection of the Amp, it being his responsibility for the cost and insurance of that;
- He will then undertake all the repairs necessary to provide the goods as initially agreed. It can include parts that are not new (excluding valves) providing they are in perfect working order.
- The Vendor will then have the goods as repaired returned to the Purchaser, again transport and insurance to be to the Vendor's account.
- 14 days after the return the Purchaser will advise the stakeholder to release the funds to the Vendor OR he will provide the Vendor with a written opinion from an expert that the Amp is not of the quality as per the original agreement.
- (The expert will be any person mutually agreed to by the parties, and failing agreement will be a reputable High Street dealer appointed by one of the mods here. The expert will be paid for from the funds in Trust.)
- If the opinion of the expert is that the Amp is not of sufficient quality then the Amplifier is to be returned by the Purchaser to the Vendor, with the cost of delivery and insurance to come from the funds in Trust. The balance of the funds held by the Stakeholder are to be paid to the Purchaser.
- In either event, the Court proceeding, is to be regarded as settled.
That is a framework only and should have built into it some ability to deal with minor variations, for example the timing of some steps.
This obviously involves both parties getting less than what they hope for. That is normal.
2 very kind offers from Marco and Andrei which I feel should be more than seriously considered now.
Going via either of these totally trustworthy third parties a resolution should be imminently forthcoming.
http://www.hifiwigwam.com/showthread...Wood-valve-amp
Couldn't resist posting it ;)