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
noske
783 posts
 

Advise the seller of your intention to seek legal advice. Its a small claims dispute.

Consult with a lawyer after about a week (time for seller to respond). This is what they are trained to deal with - they will cut through any confusion and advise appropriately. 

For example - it will be noted that replacements are acceptable and offered but due to circumstances its simply a waiting game.

The lawyer will ask you lots of questions, so *be prepared* with a detailed timeline amongst other relevant matters and documents. The technical things you will explain to them in human words.

You paid for what is known in the car industry as a lemon. Happens sometimes, you know.

dsk3
16 posts
 

who is the seller so that we can avoid purchasing from him in the future

yoyoyaya's avatar
yoyoyaya
613 posts
 

Not to take this thread in a different direction (and without prejudice to the merits of the argument about the sellers obligations), but it's worth commenting on the matter of the unavailability of the tweeters from Bowers and Wilkins. We're taking very expensive speakers here and we are not talking about an ancient/obsolete model. It is entirely unacceptable that Bowers and Wilkins does not have spares. Supply chain issues is a lame excuse - the company should have a stockpile of spares available off the shelf. If one needed a critical part for your recent BMW or Mercedes, would it be acceptable for the car to be grounded for 6 months plus?...

kirbymydog OP
36 posts
 

I may invite him to join the conversation first, which was suggested by Onhwy61. But will hold off naming names for now.

kirbymydog OP
36 posts
 

Yo-yo yay a …I completely agree that Bowers needs to step up. Thus far I have communicated with both B&W in the UK and US on the availability issue. I have gotten various responses. My most recent request was for the international spares team leader but have not received a reply. Encompass, their distributor in the states has been useless. They have the tweeter listed, and provide a ship date about every two weeks at the end of which it simply turns over another two weeks. Very frustrating. I wonder if they have supply issues with their newly released D4’s?

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