I was robbed

[bane51031]

I normally do not like to air my dirty laundry but, I feel I must to get some satisfaction. I posted a spare air and fill adapter on the classifieds a member contacted me and said he wanted to purchase, I sold it as is with no warrenties expressed or implied he paid via paypal and once he recieved it he left postive feedback on the scuba board, after about 2 weeks he contacted me said it was a useless paperweight as he had tried to use it at a depth of 10ft. and got a mixture of air and water, he wanted to have me pay for a rebuild I told him no, but offered to send him a rebuild kit for free he staed no.He then initiated a chargeback via paypal and paypal found in my favor, he then initated a chargeback through his credit card company and then they found in his favor, at this point I pm'd him,I emailed him and recieved no respnse I then contacted paypal and they sent him an email requesting he return my spare air still no response I then called his number and today I got the pm stating he had the unit repaired and has dove it several times and that beings his credit card company had found in his favor he was not going to return it, is it just me or does anyone else feel I was wronged? Please find enclosed some of the pm's between him and I and note the first(latest one). Not that this is going to change anything but, I feel i was ripped off by this individual and want to prevent it from happening to others as well. He got his money back and a free spare air and fill adapter. :

Chad,
I have not received any communication from you or Paypal except for the last IM you sent a few weeks ago, and I apoligize for not getting back in touch with you on that. It simply slipped my mind.
I have since repaired the unit and have used it on several dives. As you can imagine I am not going to return a repaired unit to you after I incurred the cost of repair and you did not feel it was fair to compensate me for such repairs.
I offered you a fair solution by letting the other SBers decide what is fair. You refused so I took it up with my credit card company. Should you feel you need to pursue this further, I suggest you take it up with Paypal. You were obviously not interested in a fair solution before, so I have no intention of working with you now that someone else decided against you.




Quote:
Originally Posted by bane51031
Brian, what I did was fill the tank using the fill adapter then I have a 300 gallon stock tank I do tests on when changing scuba config. I jumped in went down and breathed a dozen or so breaths and it worked good? I bought it from a friend and he had used it last year, as far as the quote of $72.00 dollars that is high, I believe I have a rebuild kit for that spare air, give me a few days to look for it and I will send it to you, I honestly sold you a working unit but offered no warrenties?

Everything I sell is as is as you never know with used gear.

Again I can send you a rebuild kit and again that has the diapragm in it and it is not hard to do.

Chad


Quote:
Originally Posted by JamesBahn
Chad,

Today was the first day I was able to dive with the Spare Air. I dropped to 10ft and gave it a shot and unfortunately was met with mixed air and water. The LDS here has quoted $72 to replace the diaphragm. At this point, I am requesting a refund on the tank as you lead me to the impression that this was a functioning Spare Air unit.

Please let me know what address I need to return this to.

Kind Regards,
Brian Hahn
***********


Quote:
Originally Posted by bane51031
Brian, already to ship.

Thanks
Chad



Quote:
Originally Posted by JamesBahn
Great, you will receive payment tonight.


Quote:
Originally Posted by bane51031
Okay, if I get paypal by tomorrow afternoon I send it out, otherwise wednesday will be the soonest okay?

Paypal address is:

*****************

$113.00 and we will be set, will leave you positive feedback on the forum once you recieve it.

Thanks
Chad



Quote:
Originally Posted by JamesBahn
Lets make it a deal. What address can I send the Paypal to?

My address is:
Brian Hahn
AL

Cheers



Quote:
Originally Posted by bane51031
What I can do is:

$100.00 for the spare air
$3.00 paypal fee
$10.00 shipping
__________
$113.00 total shipped to you

I will send pics later, bottle good and holds air fine,reg breathes as it should ,the paint on the tank is peeling in spots but, very useable. Let me know either way okay

Chad


Quote:
Originally Posted by JamesBahn
Hi Chad,

Yes, pictures would be great. My email is

Would you let me sneak away with it for $100? I can pay with Paypal or Check...whichever you prefer. Im located in , AL
Cheers man,
Brian



Quote:
Originally Posted by bane51031
yes I do, if interested please let me know and if you would like pics. please send me your email.

Chad


Quote:
Originally Posted by JamesBahn
Do you still have your Spare Air for sale? If so let me know, I would be interested.

Cheers,
Brian




Any thoughts on this?

 

[letterboy]

He has used it on several dives huh . . sounds like someone needs to go back to OW training. . .

 

[tomboyy]

if you stated " as is" you were ripped off, period. "as you can imagine" the guys a chup because he got something from you for free.

 

[Jasonmh]

Regardless of how you feel, you posted the guys name, email, address, and phone number on a public site, you should remove those parts immediately.

 

[Darnold9999]

You said:

"I will send pics later, bottle good and holds air fine,reg breathes as it should ,the paint on the tank is peeling in spots but, very useable."


It wasn't useable, nor "very useable". It didn't work as you represented so somehow you needed to get the bottle into "very useable" condition or return the money and get the bottle back. Offering a rebuild kit is not quite enough as not everyone is capable or comfortable rebuilding a unit.

On the other hand he didn't pay you anything for the bottle so he doesn't get to keep it. If he is unwilling to pay for the item he has to return it. Repairing it is not relevant, that is his mistake. He repaired your bottle.

You screwed up by representing the bottle as working, he screwed up by not returning it - suggest that you both take a deep breath and work it out. Privately.

At a minimum he owes you the difference between what it cost to fix the item and what he agreed to pay.

A lesson to be taken away from this - if you offer something "as is" then don't later represent it as anything but what it is - i.e. a bottle with a reg attached that worked last time you tested it. When you sell something the purchaser is entitled to rely on what you tell them, particularly if you put it in writing. You said it was very useable and it wasn't.

 

[mksmith713]

I'm still confused as to why or IF he even repaired it.
If the seller gets the charges reversed back, this guy is going to end up with a used Spare Air that cost him $185.00.

 

[vyvial]

You said:

"I will send pics later, bottle good and holds air fine,reg breathes as it should ,the paint on the tank is peeling in spots but, very useable."


It wasn't useable, nor "very useable". It didn't work as you represented so somehow you needed to get the bottle into "very useable" condition or return the money and get the bottle back. Offering a rebuild kit is not quite enough as not everyone is capable or comfortable rebuilding a unit.

On the other hand he didn't pay you anything for the bottle so he doesn't get to keep it. If he is unwilling to pay for the item he has to return it. Repairing it is not relevant, that is his mistake. He repaired your bottle.

You screwed up by representing the bottle as working, he screwed up by not returning it - suggest that you both take a deep breath and work it out. Privately.

At a minimum he owes you the difference between what it cost to fix the item and what he agreed to pay.

A lesson to be taken away from this - if you offer something "as is" then don't later represent it as anything but what it is - i.e. a bottle with a reg attached that worked last time you tested it. When you sell something the purchaser is entitled to rely on what you tell them, particularly if you put it in writing. You said it was very useable and it wasn't.

What if he just did not know how to use it? What if he monkeyed with it before he tried to use it?

 

[Darnold9999]

What if he just did not know how to use it? What if he monkeyed with it before he tried to use it?

Wasn't in the facts as stated by the OP. Lots of what ifs change the analysis - my opinion is based on what the OP said and the posts he provided.

 

[redacted]

I normally do not like to air my dirty laundry but, I feel I must to get some satisfaction. I posted a spare air and fill adapter on the classifieds a member contacted me and said he wanted to purchase, I sold it as is with no warrenties expressed or implied ....


Cheers,
Brian




Any thoughts on this?

When you advertise something for sale, there is always an implied warranty that it works unless you state that it does not work in the ad or the course of the transaction. You advertised an Air2. (http://www.scubaboard.com/forums/ge...4-sale-spare-air-undergarments-dive-reel.html). No mention of anything wrong with it so it should have been working, which would mean no hole in the diaphragm. To bad you didn't take care of it right when the buyer first reported the problem. But you did have the upper hand. Now he has the upper hand so maybe we will see if he does what is right which would be a partial refund to you so that he ends up paying the agreed upon price for a working Air2.

 

[NudeDiver]

Regardless of how you feel, you posted the guys name, email, address, and phone number on a public site, you should remove those parts immediately.

Why should he? If I were him, I'd start up a new web site:

iwasrippedoffbyXYZ.com

And post all the details that I could.