Re: Re: Re: Re: The best way to buy tubas


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Posted by Not Legal? no way. on July 26, 2001 at 12:32:42:

In Reply to: Re: Re: Re: The best way to buy tubas posted by A lesson in civic duty. on July 25, 2001 at 21:15:27:

>>Legally he can stop the import of any new B&S tuba into North America that wasn't purchased through him. So if somebody follows your advice and gets a great deal over in Germany, what kind of a savings is it for the horn to sit in customs because they legally can't bring it into the United States?<<

No way. You are waaaaay overreaching here.

In the case of someone having a NEW tuba shipped to North America, Custom CAN try to collect damages from B&S, as specified in their contract. B&S CAN try to collect damages from the selling dealer, as specified in their contract.

But the buyer has signed NO contract with anyone, except possibly a bill of sale. The horn will NOT get stuck in customs, and the buyer has broken NO laws (i.e. nothing illegal). The selling dealer probably HAS breached his contract with B&S, and would be on the hook for damages (civil damages, not anything criminal). The selling dealer may never be able to get any more B&S product, ever. But the buyer has legally-purchased merchandise, that is legal to import into ths U.S. No problem for the buyer (except for customs duty).

In the case of someone flying to Germany ( $3-400 round trip ) to buy a horn on their "vacation" and bringing it home with them, there is nothing wrong at all, not even a breach of contract. It's just like buying a (really, really big) watch.

I'm not advocating someone actually doing such a thing AT ALL (I like American Horns - kings & conns ;-) ), and there are a LOT of things that can go WAY wrong (customs red tape, shipping, service,etc), but it is all perfectly legal.


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