Vise Swiped, what would Judge Judy say?

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?

 

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.

 

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

 

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?

 

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

 

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.

 

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.

 

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?

 

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

 

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

 

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.

 

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.)

 

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.

 

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.

 

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.

 

Personally, I don't see any way that vise is NOT YOURS!!!! Just agreeing with everyone above who also believe it's yours!!!!!!! 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.....