What to do when buyer claims sellers item broken?

After thinking about the situation for a day, I finally emailed my buyer offering to pay for the standard parts replacements costs or a refund if he sends the amps back to me in its original conditions. Attached is my email reply:

"I'm glad to find out that you are the competent technician for the repair job.

From what I understand, on one amp a resistor is open, on the other, the resistor was of wrong value. So the fix is to solder the open resistor on one amp and replace the wrong value resistor in the other. I can understand that the shipping process can cause a soldier joint to come loose causing the popping noise. I bought these amps preassembled, the wrong resistor can only happened at two places, either Doc B. put the wrong value in the kit when he shipped it out, or the previous technicians error in assembly.

As for the parts upgrade, I find that it is not fair to ask me to pay for the upgrades in place of the originals. It is fair to pay for the standard parts replacements as Doc B. would have included in his kit.

Used equipments are sold as is, that's why they are advertised as used, and the buyers save money buying them used, at the risks of no long term warranty or support. I do my best to describe my used equipment and provide the buyers with plenty of photos to describe its conditions as well as packaging. During my 2 years of using the Paraglows, I have not noticed obvious popping noises or any other side effects. If you think these amps are not in good conditions when I sold them to you, you can packed them up and send them back to me tomorrow in its original conditions for a refund."
PT

Good for you PT999 on your email reply. It is very fair of you. I do not think you should have to pay for Upgraded parts . If the original parts were bad then replace them with the same parts as they were sold with. Anything over that price as upgraded parts is not your responsibility but that of the buyer if he so choses the upgraded parts. It sounds to me like someone is trying to get away with upgrades at your expense.

Buyer should ask before he does work. Something smells a little funny. Bishopwill is a little off with his "as is" comment. I can assure you I would never buy a piece with that disclaimer. I have bought and sold hundreds of pieces of audio gear and 95% + If it worked when it left it worked when it arrived. Also be fair if a piece is a little shaky before it ships UPS can usually finish it off with a bump or two.FYI I think you may be able to save the pay pal fee with the Paypal refund option. Try to work it out either way and move on to the next piece. Remember it's all about the music!

Weiserb makes some good points but I stand by my guns. The responsibility of the seller is limited to communicating accurately and honestly to the buyer the condition and the performance of the equipment. No one can predict when a fault will occur--oh, that we only could!--so the notion that the buyer is entitled to make his own assessment and decide that the equipment is or isn't "good enough." is pretty fallacious.

As my friend Moe, the pawnshop owner, says, "You buy it, you bought it, baby." So long as the seller is ethical and honest, there is absolutely nothing inappropriate about that way of doing business.

I readily admit that I would LOVE to have the privilege to evaluate equipment and shove it back to the buyer if I didn't like it or it didn't perform the way I think it should. But to get that option, I go to a dealer and pay retail.

I fear that if Weiserb can't live with "as is, where is" we just will have to agree to be friends but not do business with each other. On the other hand, should I ever buy from him, I won't hold him responsible for anything other than honesty and accuracy.

I agree with one point, for sure: It's all about the music.

will

Will,

I just agreed with you on another post and now I have to disagree somewhat. First you are absolutely right in used gear from private owners there is no try before you buy. If you want that, pay retail. Assuming the buyer is truthful in the product description.

Now heres's my problem. If seller is ethical, great. What if the buyer is also ethical? Who is to determine who is ethical and not. It becomes one persons word against another.

"...if the equipment is damaged in shipping that is entirely a matter between the buyer and the carrier." In my situation, I bought a pair of B&W Nautilus 803's. Both speakers arrived damage. In one case the entire Nautilus tweeter was ripped off. Carrier dropped the boxes broke 3 inches of styrofoam and even the inspector said he could how the damage could occur. Results? Carrier denies claim for inadequate packaging. Apparently the original boxes weren't good enough. After writing them and also telling them I would file a claim in small claims court. They send me a form letter. It basically says their policy is to deal only with the shipper. ONLY the shipper can appeal the claim, ONLY the shipper gets paid, Only shipper can take us to small claims court etc. So for me I can't even deal with the carrier

What can I do? The shipper deposited my money 3 months ago. I'm sure if he helps me I can get them to pay the claim. As far as I know he is doing something. I am basically in the hands of the seller. Neither one of us are doing anything wrong. As far as I can tell we are both ethical. It is the shipping company that is not. Shouldn't the seller have some responsibility in cases like this? At least to deal with the carrier. Frankly I would prefer to deal with the carrier if they let me, I have more at stake.

Fortunately the repair is only $213. Could have been much worse.