Sellers of this magnitude have duties. They are selling hundreds of them. So you are saying that if a child is injured by a faulty product, then they have no claim due to a concept of caveat emptor. Not true. What about the tort of negligence?
the problem with that is..
They dont issue the brown slip
Its not their problem
Its like holding me responsible for a repair failure thats failed because of a defective part when I've done the repair using parts that you purchased and provided instead of ones I provide.
If registering vehicles was their trade then they would have a problem but as it is legally and morally it is the responsibility of the agency that is being paid to provide the service of the rego slipping paperwork to do their job correctly.
Similarly the reason you are not permitted to start, run or invasively inspect the gear (hell I'm surprised they let you open the bonnet, the one of the townsville auction houses wouldn't let you open the doors or get underneath) is that it is NOT the property of greys for them to give that permission, why do you think that there is a premium paid on every item they sell? Clever machine sellers in Darwin used to be on site when their gear was being sold so that interested buyers could at least run and test the basic functionality of the machine (this was 10+ years ago now I have no doubt that insurance has put paid to that) unsurprisingly the bidding was always much hotter on gear that the owner had shown up to permit testing.
Dave
"In a Landrover the other vehicle is your crumple zone."
For spelling call Rogets, for mechanicing call me.
Fozzy, 2.25D SIII Ex DCA Ute
TdiautoManual d1 (gave it to the Mupion)
Archaeoptersix 1990 6x6 dual cab(This things staying)
If you've benefited from one or more of my posts please remember, your taxes paid for my skill sets, I'm just trying to make sure you get your monies worth.
If you think you're in front on the deal, pay it forwards.
 Master
					
					
						Master
					
					
                                        
					
					
						Sellers of this magnitude have duties. They are selling hundreds of them. So you are saying that if a child is injured by a faulty product, then they have no claim due to a concept of caveat emptor. Not true. What about the tort of negligence?
The sellers do, but the sellers Aint Greys, they just hold the auction.
If you have a beef about how the auction was handled then you talk to them.
If you have a problem with the condition of the equipment as it was sold then thats a problem that you take up with the person(company) who commissioned the sale.
In your case...
IF you buy the gear you have accepted it as it is where it was, if you find something wrong with it and you keep using it and someone gets hurt thats your problem and you wear the consequences. IF you have a bit of paper that says its all fine and dandy and its not then its not the problem of the person who sold the equipment, its not the problem of the person who held the auction its still your problem YOU have to prove that you didnt know or have reason to suspect that the paperwork was wrong (which a really good law firm will find this thread and then your screwed) and then you have to have the responsibility apportioned to the person(company) who completed and submitted the paperwork.
Claim what you like think what you want but thats how it is.
Is it legal? yes,
is it moraly sound? probably not
Can you do anything about it? sure, don't buy something if you don't think its up to standard or sort the problem out before you go about using the gear.
Dave
"In a Landrover the other vehicle is your crumple zone."
For spelling call Rogets, for mechanicing call me.
Fozzy, 2.25D SIII Ex DCA Ute
TdiautoManual d1 (gave it to the Mupion)
Archaeoptersix 1990 6x6 dual cab(This things staying)
If you've benefited from one or more of my posts please remember, your taxes paid for my skill sets, I'm just trying to make sure you get your monies worth.
If you think you're in front on the deal, pay it forwards.
You won't find me on: faceplant; Scipe; Infragam; LumpedIn; ShapCnat or Twitting. I'm just not that interesting.
Dave
"In a Landrover the other vehicle is your crumple zone."
For spelling call Rogets, for mechanicing call me.
Fozzy, 2.25D SIII Ex DCA Ute
TdiautoManual d1 (gave it to the Mupion)
Archaeoptersix 1990 6x6 dual cab(This things staying)
If you've benefited from one or more of my posts please remember, your taxes paid for my skill sets, I'm just trying to make sure you get your monies worth.
If you think you're in front on the deal, pay it forwards.
 Master
					
					
						Master
					
					
                                        
					
					
						Maybe, guess a disgruntled buyer needs to challenge.
 Master
					
					
						Supporter
					
					
						Master
					
					
						SupporterI've got to say, it's the first truck/machinery auction I've ever been to where you can't start or operate any equipment.. Bit odd.
As an aside, I've found out I'm legal to 6.7tons on the front axle if I fit super singles..problem is getting closer to being solved..now I just need an actual front axle weight, not a guesstimate weight.
Have you tried Mack themselves?
They must have a technical office who would have the specs.
You won't find me on: faceplant; Scipe; Infragam; LumpedIn; ShapCnat or Twitting. I'm just not that interesting.
Wonder if they would let you jack a wheel up and slip a portable scale underneath ???
Truck Scales and Truck Weighbridges - Truckmate Portable Axle Scales
"Noisey, slow, hot, hard to drive, uncomfortable, underpowered, overweight, maintenance intensive and ugly." which translates out of nacy boy into "What Chuck Norris would trasform into if he ever became a transformer"
Have to refute hard to drive, and comfort did improve when they bagged the rear ends if the cargos. Hot and noisy is absolutely true. There are a few old prototypes with stack exhausts and roof cupola which usually ended up as gun tractors ( split tray with a crane in the middle).
Not for the faint of heart or short of pocket, but if anyone here buys one and needs it driven somewhere PM me- wouldn't mind another go!
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