Hi, an interesting point of view, but it doesnt coincide with either the law of contracts or any of the specific consumer protection legislation applicable in each state. Where an item is sold by description there are certain terms implied into the contract for sale (no- it doesnt need to be in writing) which provide that the item will be fit for its purpose and will comply with any description. Where the item has been modified or changed in some way, the seller is obliged to disclose that fact unless the item has been inspected by the purchaser, and an inspection should have revealed the defect or modification.
I would consequently suggest that what may be seen as an acceptable practice of selling dodgy gear, or accepting payment without then delivering the goods is one that people adopt at their own risk and peril. Why, you may ask? Because you cant always assume that the purchaser at the other end of that conduct will sit back and do nothing. Whilst only some forms of conduct will offend the criminal statutes in each state, be they common law or code states- for example receiving money with no intention to supply will offend the Crimes Act and various criminal codes as conduct constituting obtaining financial advantage by deception, the conduct will expose the seller to actions for breach of contract and in tort if the defective item then fails and causes loss or damage.
In claims for breach of contract, exposure will not be limited to a refund of the consideration (price) paid, but the cost of putting the person in the same position as if the bargain had been completed and terms of the contract met, so obtaining a replacement unit , etc, irrespective of how disproportionate the cost may be to the agreed price of the contract in question, will be a legitimate component of the damages claimed..
of course if the supply is made in connection with a business then fair trading legislation may apply, and even the Trade Practices Act- interesting because these acts create statutory rights which cant be displaced and also create statutory offences which can be prosecuted.
In short, treat people as you would like to be treated yourself, or face the consequences.
Geoff
