The OP original post discusses this. The OPs wallpaper was quite dark, it wasn't until they changed it at home, that the buyer saw the problem.
I think you miss my point... surely if she "had a play" during the inspection she would have opened programs that would have covered the wallpaper and at this point she could\should have noticed the issue?
Dratsab: Truckloads of smack being spoken here. The buyer doesn't have a leg to stand on. Tell her to knob-off and be done with it.
jeffnz: I think there is some middle ground here as there isn't any definitive answer that has been given. Do some research as to what the issue could be and if it isn't anything major reach some accord with buyer as to its repair. Sending it to a tech could be quite expensive but also an option but being that it hasn't been established that there is a fault or how it was caused I think there is some good faith that the seller should show as would be expected if the roles were reversed.
mattwnz:jeffnz: I think there is some middle ground here as there isn't any definitive answer that has been given. Do some research as to what the issue could be and if it isn't anything major reach some accord with buyer as to its repair. Sending it to a tech could be quite expensive but also an option but being that it hasn't been established that there is a fault or how it was caused I think there is some good faith that the seller should show as would be expected if the roles were reversed.
Sending it to a tech is expensive compared to the cost of the computer, and who would pay that cost if it is proven to be a problem with the computer and not damage caused by transit. The Buyer and Seller really need to talk and go through the options.
Garmin Vivoactive 3
They really should sort it out and check it's current condition with the buyer rather than post the problem here.
Maisy:They really should sort it out and check it's current condition with the buyer rather than post the problem here.
Yup, this has gotten very complicated! I basically posted here to see (1) what legalities were involved and (2) whether popular opinion favored one outcome over another. When I googled the issue this website came up and it seems as though these forums have helped others in similar situations suss out the best course of action.
From what I gather, I have two options; either go out of my way to be accommodating, which would carry various risks, or to be firm with the buyer about her responsibilities and potentially end up at the disputes tribunal, at which point the results could go either way (there seem to be various opinions about this).
I don't think that there is a right or wrong opinion based on the fact that the origin of the lines hasn't been determined.
Maisy: They really should sort it out and check it's current condition with the buyer rather than post the problem here.
gzt:Maisy: I am a "digital artist" too, and the computer was used in my graduation exhibition. I have never had problems with the screen and we both find it difficult to believe that I would not have noticed these lines if they were present at the time of purchase.
This is the key issue. You have very good reason to believe it was fine when the buyer took possession. Therefore you have no legal obligation to offer a refund.
I'm not sure exactly why other posters are 100% convinced the problem existed before buyer transport and are 100% sure the problem could not have been caused during buyer transport. Perhaps those posters should try to explain their reasoning.
Like you If I had any doubt I would probably just offer a refund and resell it anyway and it will probably go for a similar price with this minor issue. It is unfortunate in this case you do not have this option, but if it did not have this problem before buyer transport then you have no legal obligation to do that.
Also you saved the life of a stray cat since then which makes you the winner - photo please : ).
Although the CGA doesn't apply, the buyer could take the seller to the disputes tribunal. Read prior posts on how difficult it is to do an inspection of a complex machine in such a short period of time.
sleemanj: "Dear buyer, you claim that the fault you describe is long standing and request a refund, unfortunately I dispute this and do not believe that I am liable in any way for the described fault and do not intend to refund you.
The appropriate place to resolve such a dispute is the Disputes Tribunal. You may visit your local court to file a claim, you have my address for service which you need for the paperwork, and I will be pleased to attend at any such hearing and abide by the decision of that hearing.
That's all you need to say, simple, concise, and it's giving a clear path for the seller to follow.
alasta: An interesting range of views here.
I personally believe that in any case where the seller has acted in good faith and has not misrepresented the goods then the burden of risk lies with the buyer. I say that on the basis that it is generally accepted that there is an element of risk associated with buying second hand goods from a private seller.
Unfortunately a Disputes Tribunal hearing could go either way because these things tend to end up with a "he said, she said" dialogue where the facts get twisted from either or both sides and the outcome depends on the particular interpretation of the adjudicator. Having said that I think it's pretty unlikely that it would end up in the Disputes Tribunal anyway because it's likely that the buyer realises that she is being petty and is just trying her luck.