My last point put another way. As between innocents It seems to me the loss should fall on the seller who is unable to deliver what was supposed to be the purchased item. And all technical wordsmithing aside, the seller cannot deliver the promised item.
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Net 54-- the discussion board where people resent discussions. 
My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at
https://www.jamesspaethartwork.com/
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