The seller ( auctioneer) he failure to disclose information that was not requested can be regarded as fraudulent, and give the party harmed by the nondisclosure the same remedies as if a false statement were intentionally made. These exceptions fall generally into one of four categories:
Unknown defect or real condition
Many courts would hold that there is a duty for one party, who knows of a defect or a harmful condition, to disclose this information to the other party if the defect or harmful condition is obviously unknown to the other party and is of a nature that the other party would be unlikely to discover or inquire about the defect or condition.
The reasons are very clear i talked few people arts seller in NY, here who also agree that we do not see that was a mega hole ( why pay 220 usd !!) i was accepting the chip ( bowl damaged ) does not mean broken .The chip was just a chip not meaning bowl was broken ..i already show thru my mail that thru Paypal and eBay /Amazon and Invaluable ( where i have bought objects above usd 5000 i had no complaint from any seller concerning my purchases and payments since 2003 ..).
i am just requesting to credit my card ..IT is a matter of correctness in Trading fairly with a client, the seller had no other buyer !!my question is WHY ??? even people in the room did not buy ..i am an honest buyer, i would be certainly doing business and other purchases with the seller i have nothing per se against the seller BUT definitely damaged had not the same connotation than BROKEN .
I hope the BBB will help me .i think this way of doing business is TOTAL FRAUD, you are a merchant you do NOT want to get rid of an object that nobody would buy ..it is not sincere, and certainly NOT the way to do business ;if he had a sincere description he would not hide behind the acceptance agreement .The acceptance agreement is .The wording is incorrect, and i am ready to show this to a lawyer and act against this auctioneer i will Talk to Baker Mc Kenzie law Firm in Houston.The seller ( auctioneer ) in this case fail to disclose the information as well as he should have be for an online seller to see in equality term that a client being physically in the room in front of object . The failure to disclose information that was NOT REQUESTED can be regarded in a court of law as fraudulent, and give the party harmed by the nondisclosure the same remedies as if a false statement were intentionally made . ( easy case in a court of law) the exceptions fall into two categories: Unknown defect or REAL condition and active concealment by intentioned manipulation of description wording . Many court would hold that there is a duty for one party, who knows of a defect or a harmful condition, to disclose correctly in appropriated words this information to the pother party and is of nature that the other party would be unlikely to discover or inquire about the defect condition. MORE discovery CONCERNING THE PRODUCT BELOW:
Concerning the product mentioned on jabber site and the BBB site, which was on invaluable site and on e bay site offer for auction, the seller did not inform E bay, Invaluable or the futur auctioners that this large Vaseline glass bowl was made of glass which contain different radioactive elements toxic for human and animal being.
As it is written in the description of the LOT 328;
"Seller assumes all responsibility for this listing"
Seller's Estimate: USD 0 - 0
With large Vaseline glass bowl the bowl is damaged
The seller should have notified that a Vaseline glass bowl, specially a large one, is containing radioactive elements which can be particularly dangerous for human health.
To make it simple for the novice, a Vaseline bowl is containing the following radioactive particules;
· U234 which is the most radioactive isotope of uranium as being and alpha emission
· U238 which is also a radioactive isotope of the uranium as being an alpha emission and which is disintegrating in different isotope and ending giving radon, a radioactif gaz which has been seen a long time proved to be carcinogen
· Th231, Thorium 231 which is radioactive as being and alpha emission of U235
· Th234, Thorium 234 which is radioactive as being and alpha emission of U238
Th234 produce Pa234, Protactinium 234, which is radioactive
Th234, Pa 234 produce radioactive bêta and gamma emissions
Pa 234 produce U234 which is a radioactive alpha emitter for a period of 250, 000 years !
Moreover, disintegration of radioactive elements cause the emission of alpha particles, beta or gamma which are more or less impact on human and animal organisms.
Some parts of the desintegration of those elements may give also radium radioactive element.
Finally, the fact that the seller writes that the bowl is damaged is very worrying because the product can easily crumble or deteriorate and thus turn into dust inhalation which is highly toxic and impossible to prevent in a domestic setting as requiring the implementation of professional devices.
All these causes of major radioactive toxicities through a domestic environment linked to the presence in the Vaseline bowl of radioactive elements with life period of several thousand years should have:
· been indicated by the seller. None of those indications were notified on both site where the seller put this article
· prevent the sale on e bay or invaluable for such a product containing dangerous radionuclides and banned from sale in many countries
· prevent the sale of such products are banned from export in many countries and transport within the country without special precautions for the staff concerned and the environment in case of deterioration of the element (which according to the seller's is already the case, which is even more oblivious of him and makes him guilty of serious health and environmental négligences!)
As a professional in the medical field and radio protection against radiation, we consider it our duty to intervene in this debate and inform the necessary authorities and the sites concerned by the serious lack or relevant information in the description of this product of the GALLERY 70TWO by selling on a site open to non-professional public, an article containing radio active elements without any information, in contravention with several international laws and risking serious injury to the safety of the buyer and it immediate environment.
Thank you very much fo your prompt answer.