Vise Swiped, what would Judge Judy say?

Discussion in 'Tools' started by springfld.arsenal, Jul 21, 2018.

  1. springfld.arsenal

    springfld.arsenal Store:

    Well, besides “They don’t keep me here because I’m beautiful, they keep me here because I’m smaht.” (Her accent, y’know.)

    Bought a CNC milling machine at a machinery auction. Buyers had to have an insured rigger take the items away. I engaged my rigger after paying the auction house, and he picked up my items yesterday and delivered them to me, about 2 hrs drive away. On arriving he mentioned that when he started taking the mill out, a worker at the business that had owned the items removed the vise from the mill. The rigger told the company’s management which said they’d look into it, but he vise remained missing until he had to leave. The vise was pictured as part of the machine in the auction catalog. I emailed the auctioneer and will wait patiently, I’m not “upset” even though this very large milling vise is worth many hundreds of dollars, I’ll just go thru whatever process is needed to resolve this under the laws of Virginia. Do you think I own that vise or not?


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  2. i need help

    i need help Moderator Moderator

    Do you have proof of payment?
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  3. judy

    judy Well-Known Member

    This Judge Judy says yes, you do.....unless of course, the auction catalog stated that the vise was not to be included in the sale.

    If it wasn't to be included, then it should've been removed prior to the sale.
    Christmasjoy, Fid, Aquitaine and 3 others like this.
  4. springfld.arsenal

    springfld.arsenal Store:

    Yes, since they required payment in full within 2 days, I paid via wire transfer and got a detailed, paid invoice via email.
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  5. Kronos

    Kronos Well-Known Member

    Did you get the yellow binder and that other piece sitting next to it? Might help your case to show you got the loose items but not something that was actually attached to what you bought.

    Did the listing mention the vise in any way?
    Christmasjoy, Aquitaine, judy and 2 others like this.
  6. johnnycb09

    johnnycb09 Well-Known Member

    Unless it was specified the vise was not included,I dont see how it wouldnt be since it was part of the auction picture.
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  7. springfld.arsenal

    springfld.arsenal Store:

    Yes got the binder, the other 2 items that were taken were the vise and crank handle for the vise.

    Listings only mention the main item in each lot, by common name, maker, and model number.

    I bought a drill press with similar vise and that vise did make it to me.

    At some other machinery auctions I’ve participated in, the practice has been to call out anything in the picture that’s specifically not included. What’s shown in the picture is assumed to be included.
    Christmasjoy, judy and i need help like this.
  8. Kronos

    Kronos Well-Known Member

    Well, you certainly have enough proof that you should have received the vise then. Legally, it depends on what the auctions terms were. Was it a live auction that you attended? I know some auction houses say that any announcements made the day of the sale take precedence over what's written in the catalog. Could they have said something right before the lot was ready to be auctioned off about the vise? Just thinking about how they could justify taking it.
    Christmasjoy, judy and i need help like this.
  9. moreotherstuff

    moreotherstuff Izorizent

    Did you attend the auction, or bid online? Unless specifically told otherwise, I think you had a reasonable expectation that the vise was included. It was an industrial auction. Was any attempt made to sell the vise as a separate lot?
  10. i need help

    i need help Moderator Moderator

    It sounds as though there should be at least somewhat of a specific explanation since the items were intentionally removed.
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  11. springfld.arsenal

    springfld.arsenal Store:

    This was online but I showed up on inspection day and inspected the items a few days before the lots closed.
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  12. i need help

    i need help Moderator Moderator

    No similar complaints on BBB about them. Check upcoming auctions and see if the items you didn’t get are in those pictures.
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  13. evelyb30

    evelyb30 Well-Known Member

    I'd say that vise is yours too. It was attached to the machine, for pete's sake.
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  14. Bronwen

    Bronwen Well-Known Member

    Well, I'd be 'upset'. You bid on the reasonable understanding that the vise was part of what you were buying. The auctioneer allowed its removal by someone who was no longer the owner & had to be told by your rigger that this had happened; they were not expecting it & did not protect your purchase. Judge J would agree you are owed the vise or a partial refund.
    Christmasjoy, judy and i need help like this.
  15. moreotherstuff

    moreotherstuff Izorizent

    If you bought one of these new, would a vise be included, or would it be considered an add-on?

    (I think it should be yours, just trying to think what objections might be raised.)
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  16. springfld.arsenal

    springfld.arsenal Store:

    The sale items were always in the downsizing company’s workshop during auction, until picked up by buyers. The “theft” was by one or a few of that company’s employees; the auction house wasn’t involved in that particular act in any way, nor would they play games like that. What I don’t know is whether the thieves were acting on their own behalf or in some misguided attempt to retain former company assets. I expect that’ll be resolved this week. If not I go to Small Claims Court with the case. But I don’t think either the company or the auction house wants the bad publicity that may result if this isn’t settled.
    Last edited: Jul 21, 2018
  17. Rayo56

    Rayo56 Well-Known Member

    Did you get the end mill that's in the collet too? If not then the mill and the vice with the piece of aluminum in it may have been put on it to show the machine operating. There are fresh chips in and around the vise and table. May have just been for a demonstration.
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  18. springfld.arsenal

    springfld.arsenal Store:

    My auction purchases as received. The yellow manual was placed inside the mill. The silvery cutter and black tool holder can just barely be seen on the spindle. Blue drum holds a variety of fluids the rigger had to drain from the machines before hitting the road.

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  19. i need help

    i need help Moderator Moderator

    Well if that’s what happened, it’s a dumb way to get back at your employer! The only party hurt here is you the buyer. But I hope it works out so your satisfied. Please update. :(
    judy and Christmasjoy like this.
  20. Aquitaine

    Aquitaine Is What It IS! But NEVER BORED!

    Personally, I don't see any way that vise is NOT YOURS!!!! Just agreeing with everyone above who also believe it's yours!!!!!!!:singing::singing::singing: Almost sounds like a former employee from the former owner of the whole piece of equipment acting independently........Good luck!! I imagine it will be resolved somehow in your favor.....
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