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<p>[QUOTE=&quot;NPCoin, post: 651185, member: 5629&quot;]<b>Let&#039;s see some citations!</b></p><p><br /></p><p><br /></p><p><br /></p><p>Any sales post on eBay, in whatever format (auction, BIN, etc), is a sales contract between the seller and buyer.&nbsp; So, yes, the buyer does, in fact, have the right to decline paying for insurance if the specific contract so injects the decision of the buyer to pay for insurance or not into the wording.</p><p><br /></p><p><br /></p><p>Citation(s), please!&nbsp; When citing, please remember that this is a sales contract with specific material and fundamental provisions for performance.</p><p><br /></p><p><br /></p><p>Citation(s)!&nbsp; Your best bet on this one would be common (case) law for citations, as you will definitely find contradicting provisions in the UCC.&nbsp; Remember, this is a sales contract with specific material and fundamental provisions for performance.&nbsp; And not every posting on eBay is equal in this respect.&nbsp; Each posting is a sales contract with <b>ONLY</b> the buyer and seller as parties to the contract (in other words, violation of your TOS contract with eBay has <b>no</b> bearing on the sales contract, as eBay is not a legal party).</p><p><br /></p><p><br /></p><p>Cite some common law opinions, please!&nbsp; Remember that your cited cases should be in regards to a contract similar to the one referred to in the grandparent post where the contract specifically offers the option of buyer reservation and seller absolution.</p><p><br /></p><p><br /></p><p>Let&#039;s not compare SGS to PCGS here.&nbsp; What you are referring to is not the same as the sales contract with the specific material and fundamental provisions alluded to in the grandparent post.</p><p><br /></p><p><br /></p><p>I would love to see citations on what the eBay lawyers told the execs!&nbsp; I think we all know that this is your own conjecture, but let&#039;s see citations on that last sentence, because that is the core of what we are discussing here.&nbsp; You put it that it is an absolute (&quot;no matter what&quot;), so let&#039;s see some codified citations on this one as well as common.</p><p><br /></p><p><br /></p><p>You&#039;re absolutely right!&nbsp; The seller is not responsible for buyer reservation to begin with, so the seller never had a responsibility to &quot;no longer have&quot; to begin with.&nbsp; But, at the core of this issue is that your statement was meant to infer that, regardless of provisions of the sales contract, the seller has a specific responsibility until the buyer has received the item in their own physical hand.&nbsp; This is another issue at the core of the discussion.&nbsp; Are all contracts created equal?&nbsp; Both parties are bound to every enforceable provision of the contract.&nbsp; Think about that.</p><p><br /></p><p><br /></p><p>Think very hard about that statement.&nbsp; What you are in effect claiming is that the provisions regarding tendering in a legal sales contract, as well as provisions of absolution, are unenforceable.&nbsp; Do you really believe this?&nbsp; I would like to see some common law citations on this one.[/QUOTE]</p><p><br /></p>

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