Well, I should clarify the situation. I found a vintage Lever type espresso machine at a flea market. I asked the seller several questions, he was adamant he sells only working good products. He grabbed my arm, and says trust me, "what I sell is good, I dont sell broken things. I test everything I sell here" (FYI, he sellls "nicer" things in this flea market) The interesting thing that after a deal is stuck, and after you spend minutes of questions and him assuring you he things are good, he tells every person "as-is" sort of in passing, once the money is changing hands. I happened to "luck" out that both things I bought from him, (espresso machines) work, but I posed this query to get others opinions, on the duties of sellers in terms of obligations on the stated condition of a product. I am full aware of "buyer beware" but it seems to me "as-is" cannot be regarded as binding if the seller willing misrepresents the condition when asked specifically about something and the seller replies with an affirming response.
In my opinion, in the proper context " I havent tested this unit, and it is being sold as-is" would indeed be a final sale, but "yes it works perfect, I guarantee it, I used it this morning, it is sold as-is" would not.
In my opinion, in the proper context " I havent tested this unit, and it is being sold as-is" would indeed be a final sale, but "yes it works perfect, I guarantee it, I used it this morning, it is sold as-is" would not.