i quoted one section of your post only! It was post number 48 in this thread and I even made it red! That is where you were hard on critics of Bernie! I chimed in to explain why I thought it was in "Bad taste"
Regarding the refund, All I can say is that I disagree. Technically, you are 100% correct. But, I would not ask for a cue built to my specs from a part time builder who i know is doing it on the side with their free time. Just would not be shocked by a delay! I would not change my mind either as it would be something I really wanted. Not, a change of heart or my car broke down situation.
Regardless the reason, Bernard meet his obligation to the best of his ability of providing the cue or a refund. One or the other!!! Refund required locating another buyer and replacement sale.
Kd
If you are just replying only to a very specific part of a post it might be better to just delete the rest of it then and only quote the part you are replying to to avoid confusion.
The part of my post that was in red, that you are now telling me is the only part you were replying to, had absolutely nothing at all to do with Bernie, so you apparently misunderstood that and therefore none or what you were saying applied or made any sense.
As for the refund situation, again, just because you would allow extra time does not mean that is what should have been done. No judge on earth is going to say 8 months past due on a cue build is excusable unless the initial quote was for a 10 year build time in which case maybe, possibly, 10 years and 8 months to deliver instead of exactly 10 years
might be reasonable. Nobody else without bias is going to feel that a buyer should have to accept something being 8 months past due either. It isn't even remotely close to what was promised and if the buyer wants a refund because of it, he is well within his right both legally
and morally.
Whether Bernie met his obligation to the best of his ability or not is immaterial. He either met his obligation, or he didn't. His obligation was to give the buyer what he agree to and paid for which was X cue by Y date. He met the obligation or he didn't meet it, which one was it? Like I said, if he was close that might be one thing. Eight months isn't even close. Best of his ability doesn't matter, he either honored his end of the deal, or he didn't. I think it is clear he didn't honor his end of the deal and he wasn't even remotely close for that matter.
If refund requires locating another buyer you have no business selling things or having a business. That money wasn't even his to spend until the deal is done anyway. He needs to give a refund immediately upon demand if the buyer asks for it because of his failure to honor his end of the deal. If he doesn't have the money that is his problem, not the buyers, and he better find a way to come up with it immediately. How do you figure that should be the buyers problem? If you don't have enough money to do things like cover refunds like I said you have no business selling things or having a business to begin with.