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Re: Antique Auto Laws?

To: 70471.1433@CompuServe.COM (Dana P. Henry-TRF)
Subject: Re: Antique Auto Laws?
From: Roland Dudley <cobra@cdc.hp.com>
Date: Mon, 7 Mar 94 11:20:57 PST
> parts.  We have customers in Canada who purchase parts to be sent to them in
> Canada, and many times they request that we put a notation on the Customs
> paperwork that the parts are for a car that is 25 years old or older.  Can
> someone shed some light on the specifics of the law?  At present we have a
> customer who has a 1976 TR6, and he is insisting that we put that notation on
> his Customs' paperwork (obviously the car isn't 25 years old).  We have
> refused to honor his request, and he has called us every name in the book.
> What perk does this notation provide for a Canadian customer, how is the
> information monitored and enforced, and last but not least, are we logically
> within our rights to dishonor this particular customer's perhaps fraudulant
> request.  We have no problem at all in including this notaion in bonefide
> situations, but this one in particular seems to go over the line.  Comments
> please?

I can't give a legal opinion on this, but I am willing to offer a
personal opinion.  I think TRF is not only logically, but legally
obliged NOT to honor this request.  In fact, it would be downright
foolish, IMO.  Seems to me TRF has two options:

  1.  Fill the order without the notation.
  2.  Return the order to the customer unfilled if the customer
      insist on the notation.

There may be a third "in between" solution too.  If the customer
resumitted the order and stated in writing that it was for '69 TR6, then
I suppose the onus would then be on the customer and not on TRF.
However, in this particular case there may be a problem since TRF would
have good reason to doubt this customer's truthfulness.  I'm not sure
what the legal implications of that might be.

Roland


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