Lawrence Garvin (1:106/6018) wrote to Steven Horn at 18:52 on 28 Oct 2002:

 LG> Software 'B' is the fax server software that we're speaking about. 

 LG> The vendor for software 'A' recommended this software 'B' as the
 LG> best product to work with their software. The vendor for database
 LG> 'D' actually sold us the software. It was the vendor rep for
 LG> database 'D' who represented the product as concurrently licensed.


But if the product is Software B, surely the vendor rep was acting on
behalf of that company?

 LG> You are correct that software 'A' is a unique product. We were
 LG> seeking a replacement product for software 'A' because of our
 LG> continuing dissatisfaction with the vendor for software 'A', and
 LG> their predisposition to charge "more money" for each
"add-on" that
 LG> they failed to tell us about when purchasing the previous "add-on".
 LG> Alas, we were fairly unsuccessful in identifying an appropriate
 LG> replacement product.

 LG> Software 'B' is a fairly large market fax server product.

Note the following from the Yukon's Sale_of_Goods_Act:

======
15. Subject to the provisions of this Act and of any Act in that behalf
there is no implied warranty or condition as to the quality or fitness for
any particular purpose of goods supplied under a contract of sale except as
follows:

(a) where the buyer expressly or by implication makes known to the seller
the particular purpose for which the goods are required so as to show that
the buyer relies on the seller's skill or judgment and the goods are of a
description that it is in the course of the seller's business to supply,
whether he is the manufacturer or not, there is an implied condition that
the goods shall be reasonably fit for such purpose; 

(b) where goods are bought by description from a seller who deals in goods
of that description, whether he is the manufacturer or not, there is an
implied condition that the goods shall be of merchantable quality; except
that if the buyer has examined the goods there is no implied condition as
regards defects that such examination ought to have revealed;

(c) an implied warranty or condition as to quality or fitness for a
particular purpose may be annexed by the usage of trade;

(d) an express warranty or condition does not negative a warranty or
condition implied by this Act unless inconsistent therewith.
================

See in particular paragraph (a) and to a lesser extent paragraph (b).

Take care,

Steven Horn (steven_a_horn{at}yahoo.ca)
Moderator, ALASKA_CHAT 

--- timEd/386 1.10.y2k+