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Topic # 159988 19-Dec-2014 11:19
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I bought a HP laptop the other day, and they were running a promotion where you get a free tablet.  I'm pretty sure that one of the terms and conditions is that you cannot resell it.    As a free tablet it is of course, probably something they can't sell because it's simply not that great.  The reviews aren't the best.

The tablet is now in my possession, and is my property.  Do they actually have a legal right to prevent me putting this on trademe, so that someone who can appreciate a limited battery life and a weird screen size, can have the tablet of their limited dreams?

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  Reply # 1200459 19-Dec-2014 11:19
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Hmmmm. Here we go.




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  Reply # 1200463 19-Dec-2014 11:20
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I cannot see how they can, I think you would that the "not for resale" applies to retailers etc meaning they cannot add it to their inventory and sell it.




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  Reply # 1200465 19-Dec-2014 11:21
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As I understand it, the resell restriction applies only to the original retailer - so they cannot claim the free devices from HP to sell, instead of giving them to the purchasing end user.




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  Reply # 1200466 19-Dec-2014 11:21
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It's yours, you can do whatever you want. However I'm not sure of the warranty though.




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  Reply # 1200495 19-Dec-2014 11:48
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chiefie: It's yours, you can do whatever you want. However I'm not sure of the warranty though.

Right, the problem is that I can also just tell myself this, rather than having an anonymous internet poster telling me it.

Do you have any legal basis for saying this?  That's the kind of thing I am looking for.  What my rights are with respect to something I own, and whether arbitrary terms and conditions which claim to restrict my actions with regard to the possession, have a legal standing?



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  Reply # 1200499 19-Dec-2014 11:49
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Inphinity: As I understand it, the resell restriction applies only to the original retailer - so they cannot claim the free devices from HP to sell, instead of giving them to the purchasing end user.

The offer was an offer from HP, who arranged for it to be sent out.  The retailer was not involved, beyond advertising the offer.

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  Reply # 1200502 19-Dec-2014 11:54
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rmt38:
chiefie: It's yours, you can do whatever you want. However I'm not sure of the warranty though.

Right, the problem is that I can also just tell myself this, rather than having an anonymous internet poster telling me it.

Do you have any legal basis for saying this?  That's the kind of thing I am looking for.  What my rights are with respect to something I own, and whether arbitrary terms and conditions which claim to restrict my actions with regard to the possession, have a legal standing?


It's all about contracts, and law.  There is no law stopping you selling it, so you are fine there.

HP have a contract with the retailer, that contract will include a 'not for resale' requirement.  The re-seller will be in breach of that if they sell the tablet separately.

You have no contract with HP, so you are not bound with that.  You do have a contract with the re-seller.  I would be very very surprised if it included any term prohibiting you from re-selling the tablet.    

Analogy: coke cans and dairy's.  Coke cans say 'not for individual sale'.  This will bind whoever Coke sells the 24box to.  But if a Dairy buys the 24 box from a supermarket, they have no contract with Coke, so are not bound by the 'not for individual sale' agreement the supermarket has with coke.  That's why Dairy's can sell the individual cans wherever, whenever.

It's known as Privity of Contract - lots of info out there about it.

Go ahead - sell away!

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  Reply # 1200529 19-Dec-2014 12:34
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sxz:
rmt38:
chiefie: It's yours, you can do whatever you want. However I'm not sure of the warranty though.

Right, the problem is that I can also just tell myself this, rather than having an anonymous internet poster telling me it.

Do you have any legal basis for saying this?  That's the kind of thing I am looking for.  What my rights are with respect to something I own, and whether arbitrary terms and conditions which claim to restrict my actions with regard to the possession, have a legal standing?


It's all about contracts, and law.  There is no law stopping you selling it, so you are fine there.

HP have a contract with the retailer, that contract will include a 'not for resale' requirement.  The re-seller will be in breach of that if they sell the tablet separately.

You have no contract with HP, so you are not bound with that.  You do have a contract with the re-seller.  I would be very very surprised if it included any term prohibiting you from re-selling the tablet.    

Analogy: coke cans and dairy's.  Coke cans say 'not for individual sale'.  This will bind whoever Coke sells the 24box to.  But if a Dairy buys the 24 box from a supermarket, they have no contract with Coke, so are not bound by the 'not for individual sale' agreement the supermarket has with coke.  That's why Dairy's can sell the individual cans wherever, whenever.

It's known as Privity of Contract - lots of info out there about it.

Go ahead - sell away!


Interesting you mentioned the coke.  I always thought dairies/corner stores were breaking their contract with Coka' Cola by selling the individual cans...Taking cans that would usually have to be sold in lots of 8, 12, 24 or 36 and separating them to double their profit.





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  Reply # 1200553 19-Dec-2014 13:18
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DravidDavid: Interesting you mentioned the coke.  I always thought dairies/corner stores were breaking their contract with Coka' Cola by selling the individual cans...Taking cans that would usually have to be sold in lots of 8, 12, 24 or 36 and separating them to double their profit.


I would expect those stores don't have contracts with Coke.




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  Reply # 1200555 19-Dec-2014 13:32
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Detruire:
DravidDavid: Interesting you mentioned the coke.  I always thought dairies/corner stores were breaking their contract with Coka' Cola by selling the individual cans...Taking cans that would usually have to be sold in lots of 8, 12, 24 or 36 and separating them to double their profit.


I would expect those stores don't have contracts with Coke.


Exactly.  But this whole time I've been thinking they have been selling them "illegally".  When in actual fact, the label was intended for someone else.





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