my two bits…they are only two phones out of many. pay and write them off as biz losses. you’ll be sleeping easy.
3 Likes
The guilty are always afraid… He knows he is guilty but he is looking for the slightest reason not to refund…His guilty conscience will keep on haunting him. Seems he knows he is also running out of time and options…Wait those clients bribe police to put you in the “Kenyan cells” you won’t know how you will pay and you will pay more…You will pay both the clients and the police… The other option of avoiding harassment from police is to engage a lawyer… All in all you will at the end pay unless you run out of town… All the Best.
err… If I were you, I wouldn’t be too fast to relegate the matter as a civil dispute [“civil litigation”…chuckles and shakes head]. There is a “criminal law” aspect to it. How? Whenever business deals fall through for one reason or the other and a person who feels “conned” brings the cops, they are quick to exploit the situation by invoking Section 313 of the Penal Code, which creates the offence called? Obtaining by False Pretenses, very good! clap for that boy who is wearing a torn sweater!
This is what that Section provides:
Any person who by any false pretence, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a misdemeanour and is liable to imprisonment for three years.
It is easy to see where the phone… business would land you. Your Clients [and the Police, of course] will claim that you induced the “gullible bastards” to deliver or give you their hard earned money in exchange of some “worthless phones”. You did that by falsely pretending to sell top of the range phones and with the intent to nyang’any’a them their mulla. So the police can lock you up on these charges. By the time some impatient, overworked and bad tempered Magistrate works through the labyrinth of adjournments,mentions,pleas and hearings and concludes that it is a civil dispute [which it really is], you have spent close to 2 years ambling in the confusion of those claustrophobic corridors on the Ground Floor of the Milimani Law Courts.
But then! This is where the Sale of Goods Act that Dr Luther was talking about some time back comes into play and it just might save you. This is what it says at Section 35.
(1)Where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.
And then there is Section 16 which says:
[U][B]
where goods are bought by description from a seller who deals in goods of that description (whether he be the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality:
Provided that if the buyer has examined the goods, there shall be no implied condition as regards defects which that examination ought to have revealed;[/B][/U]
So if they did examine the goods and they were satisfied with them, then yes, they can eat shit.
Summary:-
- Polisi wanaweza kushika.
- Yes, it is a dispute of a civil nature, though that does not mean [as I have demonstrated] someone can’t abuse the system and make you suffer.
- Pole for the long read
7 Likes
To be honest, i dont want to refund… I’ll see what to do. Will engage a police officer on the matter, and see his case.
Truely the law is a double edged sword…, so i have called the clients and asked for four months time to come up with a refund. As my cash flow is bad.
I also haven’t sent them any SMS as it can be used against me, so its been purely phone calls.
After all that verbose bullshit, I would do what gashwin has said. Not because it is right, but because it would save you lots of time and money that you could use to do other things.
2 Likes
I have the same thought-custom rom. But hao customers labda wanaweza kataa.
Out of curiosity, why not? It’s been my experience that business is never really just business, kwa kawaida huwa kuna urafiki mwingi pia mixed into it. if not a refund, would they be willing to take another phone? Did you offer them that alternative? Najua saa zingine kama mfanyi biashara unaweza kuwa huna pesa taslimu lakina una stock.
Please read between the lines… What legit business can one make 95% profit … Sorry to say but this is con, only that someone coz of greediness conned people who can I/D him/ friends… The issue of receipts is coz of trust… Thus he conned even his friends… And why are we handling this conman with soft gloves? Huyu ni mwizi /conman… That comment of he can’t refund really pissed me off, plus he doesn’t say how long the phones worked… THIEF!
Groves tena
Gloves…
pole, it happens to all of us sometimes…
Na ujue kuflash simu ni illegal.
1 Like
your problem is taking them round in circles and not being truthful to them in regards to their requests.
They will come after you not because of money but because of making them fools in your eyes.
boss kama unashangaa of 95% kuna zingine zina return over and above 300% returns.get a need and furnish it,and the beneficiall(y)ies will jump to the tune of your violin. It’s just business nothing personal.'goods once sold …,'must I guide you? more so there is no reciept to validate the transaction; so in essence the complainants helped the accused in evading tax.