2. misc-audio
  3. 174534-102527

Buyer Dispute

I would like to have some opinions of a remedy for this issue:

I purchased a pair of B&W 804D3 loudspeakers through Audiogon in August 2021. They were shipped in original containers by freight. The boxes arrived damaged with some holes in the boxes, but no damage to the speakers accept for one very small spot, which could be repaired with a drop of stain. However, neither tweeter was functioning. A multimeter revealed an open circuit across both voice coils. The seller said that they worked before shipping but offered to send me replacement tweeters under the previous owner' warranty which I agreed to. However, and here is the rub; Because of supply chain issues, Bowers and Wilkins did not, and still does not have the tweeters in stock. I have been waiting 6 months for the seller to provide the replacements from B&W, but they continue to be out of stock. In short, I paid nearly $7,000 in August 2021 for speakers that I still cannot listen to.

Any opinion on a path to resolution?

 

kirbymydog
roxy54's avatar
roxy54
7,694 posts
 

Agree with carlsbad and russ69. You need to stick with the deal you made unfortunately, as long as you have verified that the tweeters have indeed been ordered. It's a bad situation for you, but it's not the fault of the seller. I'm sure that he feels badly about it too.

oldhvymec
5,101 posts
 

I would make sure a pair wasn't available first. Used, new, repaired. I would make sure there wasn't an XO problem. Both were wiped out behind shipping? NO!

Maybe one (I'd doubt it) oscillation from a power amp is a lot more likely.. AND I would be looking real close at the tweeter XO circuit.. NOW not when you get a tweeter. Don't blow up another set behind blown caps, too.

Best to stay out of trouble, instead of get out of trouble..

Regards

ghasley
2,434 posts
 

Neither tweeter was working? It is highly unlikely that they were both working prior to shipment and both were rendered inoperable during shipping. In short, there is no guarantee that is the problem. The seller is responsible for delivering operable speakers, you accepted the offer of replacement tweeters but for whatever reason, the seller hasnt been able to fulfill his/her obligation. If the tweeters come in, you install them and they dont work, what next? New crossovers?

 

I would ask the seller for a full refund.

lloydc's avatar
lloydc
737 posts
 

What ridiculous answers, biased in favor of Sellers.  The buyer is the injured party here.  Seller did not deliver a working product; it was defective. 
 

btw, Buyer’s supposed acceptance of a changed deal was without consideration; it is not an enforceable modification to the agreement.  Seller would have needed to obtain new tweeters anyway, to sell those speakers as anything other than damaged/not working.  

the burden of Supply-chain issues - delivery of a presumably promised working product - falls on Seller.  Seller has had the benefits of Buyer’s funds for 5 months; Buyer got nothing but grief, so far. 

the value and price for broken speakers is a substantially different proposition. A full or partial refund is due immediately.

kirbymydog OP
36 posts
 

When I received the speakers, neither tweeter was working, and there was no continuity through either voice coil. It is hard for me to understand how shipping could result in this failure mode. Regardless, I contacted B&W to ask if their ZZ28738 drivers are so delicate that shipping would cause a VC failure. Their response was predictable. They had not experienced this.

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