second hand

[peterc10]

What this all means in reality is a bit difficult without having a full copy of the terms and conditions. What TT seem to be trying to do is seperate the licence for the use of the software from the sale contract for the device. There are several problems with this

Firstly you do not have a contract for the purchase of the device with TT - your contract is with the company that sold you it. However you may have a contract with TT for the licence to use the software

Their problem is that the device does not work without the software. If it does not work properly it is not of "satisfactory quality", which is a breach of the Sale of Goods Act. Therefore I think they are trying to make a dubious distinction.

I suspect that any attempt to stop you passing on a working device, complete with software, to another user could be resisted under UK consumer law, such as the Unfair Terms in Consumer Contracts Regulations.

It is also plainly silly. Nearly every consumer product we buy nowadays uses software. For example your car, laptop, mobile phone, TV, washing machine. Imagine the suggestion that you could not sell your car to somebody else without first removing the software that makes it run! I don't see anyway that you would convince a modern judge that that was a reasonable term of the contract.

Where TT may be on slightly stronger ground is in the "sale" of software alone - such as TT5. Here all you are doing is buying a licence for the software and they may get away with imposing "no sell on" restrictions. although again it would still have to be "reasonable" so as to not be unfair and therefore unenforceable.

Any volunteers (with deep pockets) for a test case?
_________________
Peter
HTC Sensation
Sygic GPS for Europe (No more TT "support"!)
Copilot for USA
Bury CC9060 bluetooth car kit & Brodit mount

[mfs227]

Another note about replacing the SD card in th TT One.... Make sure the replacement card has a read speed of at least 10mbp/s caus anything less will not work!!!
Regards, MFS227

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