posted on July 20, 2001 12:01:53 PM
Case filed on:
Monday, July 16, 2001
Filer:
buyer
Respondent:
seller
Description of Goods:
14.1 Inch TFT LCD 4 Gateway Solo 9100/9150
Dollar amount of case:
$225
Transaction Date:
Saturday, June 30, 2001
Case Issues:
Problem:
The merchandise was different from the description.
Scott's Request(s):
I would be willing to keep the merchandise for a partial refund.
I would be satisfied if I could return the merchandise for a full refund.
Huong's Response:
The merchandise I shipped was as described.
Huong's Offered Solution:
Other: NO refund or replacement can be offered because merchandise was maliciously tempered without my consent.
Problem:
This is the last email I sent the seller
Scott's Request(s):
Other: That his sales item match what he is selling and that I get a refund.
Huong's Response:
Other: biddejour
Huong's Offered Solution:
Other: No refund or replacement can be made.
Case Details:
Scott Anderson's further details on reported problems:
I tried to work within the parameters you listed on ebay. It clearly
stated for a gateway solo 9100/9150. It was from a Mag Vista. You did not label it correctly, therfore I understand you are frustrated by teh wiring but look at it from
my shoes.
1. You said it was for a 9100/9150 Gateway
2. It was listed as such.
3. I was told before sending the money that it was for the machine.
4. After receiving it it didn't work
5. You again stated it was for my machine
6. Then stated it was from a Mag Vista.
7. I had the wiring checked out and made sure everything was on the up and up with the Tech.
8. You came back and tried to rattle of serial numbers and such for the system.
9. You deny ever listing it as a Gateway and then realize your error in a email.
10. I'm out money and I have no screen.
This is not a fair exchange and I believe you need to correct this situation to the best of your ability. If we can't
resolve this then I will go to the next level of ebay and go through - Dispute Resolution.
Scott Anderson's further details on requested solutions:
I currently have no screen and I'm out of pocket $225.00
seller's further details on response and offered solutions:
The main reason that I can not make a refund or replacement is that he had seriously tempered the screen without my consent, he cut 20 cables and rewired back with black electrical tape. He never said anything about the cutting wires untill his last email to confirm that the screen is sent back to me.
Picture of screen with cut wires
http://imagehost.auctionwatch.com/preview/bi/biddejour/screenwithcutwires.jpg
Sender
Date
Message
seller
Fri, Jul 20, 2001
11:44 AM
The warranty term was "Guarantee not DOA", it means I guarantee it is working on arrival. If it is not working then buyer can return it for full refund. My only reason to deny the refund is that the buyer has tempered the merchandise without my consent. This is a LCD screen, it has many complex electronic components, improper handling and altering easily damage the screen. I don't see any reason why the buyer had to cut the wires, and trying to make it "works", giving that there is a DOA warranty on the item, all he needs to do is contact me for a refund, unless he had other reason that I don't know. Any comsummer with little common sense would know that altering the merchandise would void the implied warranty.
Mediator
Fri, Jul 20, 2001
11:25 AM
Dear Mr. Anderson and Mr. Nguyen
Thank you for your responses. It appears that you both have the same basic understanding of the situation. That is not to say that there is total agreement as to what has happened.
*There is difference of perception as to how the screen was advertised and what was being sold. I want you to know that have taken a look at the auction and I would encourage you to both take another look at the description.
*Based upon the information provided, it is not clear to me what warranty terms are involved. Please, tell me from your perspective, what information was provided/received, including any written info and any communication about the warranty.
Thank you.
Sincerely,
Charla Beall
seller
Tue, Jul 17, 2001
3:38 PM
The item was a LG Electronic 14.1 Inch LCD panel, it was pulled from a Mag Verity notebook, I advertised the panel for the Gateway Solo because they both use the same panel, same model, by the same manufacture. The reason I advertised it for Gateway solo because there're more buyers looking for Gateway solo screen, this is a common practice. I never claimed that the panel was pulled from Gateway Solo notebook.
Here is the chronical of the events.
1. He won the auction, I shipped it out after receiving payment.
2. Couple days after receiving the panel, buyer contacted me complaining that the panel is not working.
3. I told him to check his notebook to make sure that the fault is at his notebook not at my panel because I know my panel was tested working before shippping.
4. He emailed me back stated that his tech told him that the fault is at the panel. I told him to send the panel back for me to check, if it is actually defect then I will issue refund.
5. He emailed me back to confirm the return of the panel, he also informed me that he had cut 20 wires to try to connect the panel with different connector. This information is totally new to me, he never mentioned anything about cutting the wires on previous emails.
6. I received the panel back and reallized that all the wires were cut and reconnected back with black electrical tape. It was seriously tempered and totally unacceptable for a refund.
I told the buyer that I am unable to make a refund due to unauthorized tempering on my merchandise. The only thing I can do is returning the panel back to him. Buyer kept claiming that there's nothing wrong with cutting, tempering and rewiring the cable, he said he just trying to make it work. I never authorized him to make any alteration on my merchandise and he did it without my consent.
Here is the link of the picture showing the panel with cut wires:
I don't know what you mean by tempering. The common sense was that you said it was fo rmy machine and I was doing my best to make it work.
I only had 20 wires spliced and then rewired. Same connector and everything. Wire to wire it's exactly the same, no difference. I just had the tech leave the tape on.
If you say it works then try it out now or are you certain that it doesn't because it never worked before you snet it?
Scott
seller
Tue, Jul 17, 2001
11:27 AM
If you think the item does not work properly, you should reported the problem to me before tempering it. This is common sense, you should not make any changes to the merchandise to void the warranty.
Buyer
Tue, Jul 17, 2001
11:18 AM
I did not maliciously do any cutting. You said the screen worked and I had the tech check to make sure the
plug was okay. It's wired back correctly. We will move on to the next step my good sir!
Scott
[ edited by biddejour on Jul 20, 2001 12:02 PM ]
posted on July 20, 2001 12:09:52 PM
Bottom line, IMO, is that he tampered (not tempered) with the item and as such it is not eligible for refund.
For refund he must return it to you in the SAME condition as when he got it. If he chooses to start hacking it up, he has invalidated any warranty you offered. This would be the same if he bought a new component.
If I'd gotten a component that didn't work as is -- and I didn't know that it would work with me making some changes -- I would NOT make those changes for fear that I couldn't return the item.
posted on July 20, 2001 12:15:04 PM
He keeps insisting that there's nothing wrong with cutting 20 wires and rewiring them back. His reason is "Since you said it works so I try to make it works".
I think he has nothing to loose in this case, just trying his luck.
posted on July 20, 2001 12:23:29 PM
Since the buyer is the filer of the case, he has to pay for the mediation fee, do you think there's any bias from the mediator that would effect the case?
posted on July 20, 2001 12:31:41 PM
The buyer's position seems to be "it doesn't work for me so I will try to fix it."
It's a shame, I feel for the buyer but his positions SHOULD have been "it doesn't work so I will return it."
You don't buy things from Staples or Walmart and diddle with them if it doesn't work, then return a bag od parts to the store.
And the seller seems to have said it was FOR a Gateway (i.e. will work with), not FROM a gateway -- if in fact it was plug to plug compatible then the description appears valid.
I feel sorry that the buyer is out $ but I vote for the seller.
posted on July 20, 2001 01:16:59 PM
We purchased a power supply from a B&M computer store. Worked about 2 weeks. Went dead. We opened it to see if it had a fuse. Couldn't identify anything that could be a fuse. Returned to store. Warranty was invalidated because we opened the power supply, did not change anything, just opened.
Store got to keep power supply as my husband smashed it on their floor & left. Doubt if any of the customers there at that time left with a power supply.
This was the first time I'd ever seen my husband do anything like that, but this was one of a series of problems we'd had with that store (not a lot of competition where we live).
Edited to add: Point is, you can't fool around with electronics & expect to return them. No in the real world, not on Ebay. Tamper with it, and you void your warranty.
[ edited by victoria on Jul 20, 2001 01:19 PM ]
posted on July 20, 2001 01:33:46 PM
I think the buyer should get a partial refund due to the misrepresentation of the manufacturer in the auction, but they definitely voided the warranty by tampering with the screen. They do not deserve a full refund.
posted on July 20, 2001 01:36:28 PM
I think the buyer should get a partial refund due to the misrepresentation of the manufacturer in the auction, but they definitely voided the warranty by tampering with the screen. They do not deserve a full refund.
posted on July 20, 2001 01:54:32 PM
My opinion is the buyer should not get a refund in this case. He decided to buy the merchandise when he tampered with the wires. Seems simple to me. Hope you are able to resolve it.
posted on July 20, 2001 02:12:10 PM
Tough one! I can see the buyer trying to make it work. He probably should hold the "tech" who actually tried to hook it up responsible! However, if the seller cannot re-sell the item because it has been cut and spliced, then he should not be out of pocket on it.
On a side note: If you want this thread kept open, you probably should remove all the names and replace them with just "buyer" and "seller" to denote who said what. I think by using the real names, you are probably violating AW TOS and it will probably be deleted and not just locked!
Buyer tried to accuse me for misadvertising but the truth is I did not. I advertised a 14 inch LCD screen, model A made by manufacture B, compatible with Gateway Solo notebook model C. I never claimed that the screen was pulled from Gateway Solo notebook, I pulled the screen from a different notebook but it uses the same screen as Gateway Solo.
