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

There is a pair of tweeters for the D3s on eBay, right now. Not cheap. Have the seller refund the amount you need to buy them, plus a 10% PITA fee and install them and call it good. There are SO many things that can go wrong if you send those speakers back. He could claim damage etc… potential nightmare. If he doesn’t agree to make the above happen, take steps then protect yourself. The above idea is the easiest, cleanest way out. Any other way is a potential nut roll.

I have told the seller to send me $2000 to cover the cost of new ZZ28738 tweeters and I have also opened a dispute with Audiogon. I have further action to take should he choose to decline.

@geof3 @kirbymydog 

 

frankly a partial refund and calling it good is to me even more dangerous. Are you absolutely sure two new tweeters are your problem? Sure the crossovers arent faulty/damaged? Have you asked yourself if the tweeters didnt magically both get damaged in shipping, what could have caused them both to fail? Are you certain that woofers weren’t damaged? Have you checked the output from the crossovers?

 

The moment you accept are partial refund, its your problem from there on, no recourse, no seller responsibility. Its your money but you are looking for an end to your problem when the course of action involving a partial refund may be just the beginning. We arent talking about addressing a cosmetic issue, they are inoperable and the solution you suggest is no guarantee it will be solved.

I’ll bet that he will decline, and that may not be the best remedy for you anyway if the tweeter failure was caused by an event that also damaged the crossover. At this time you have no way of knowing that. If he pays you the $2000.00, that would be considered a closed settlement. What would you do if you later determined that there was other expensive damage to the crossover?