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Unread 11-25-2009, 09:18 PM   #1
UNLIMITLESS
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Issue with member of this forum. Long but How would you feel?

I recently posted that I was having and issue with my fathers 94 YJ. The issue I believed to be the ECM. I then posted the need for a ECM. I had many PMs but having this drivability problem I felt replacing it with the same OEM# was the best choice. I had someone contact me, negotiated a price, I then Paypaled $$ to this person. AFTER I send funds I was contacted by this member and was told it wasnt the same OE# but it "should" work. At this point I hadnt found another with the same OE#. We spoke on the phone and I was told "If it doesnt work out let me know and Ill refund your $ minus shipping". Fair enough.
I located one the 2 days later with the correct # and had it sent to me. Both arrived the same day. I installed the one with the correct OE# and the issue was gone. I tried PMing, Emailing and Calling the seller from this forum but heard nothing.I sent the package back unopened on 11/09/09 and the only contact Ive gotton since was an Email at 6:18 that night that reads:
Ok why didn't you try it? If you want your jeep to run then try it and it will work. I don't understand.
I sent back:
With having a driveability problem we were trying to eliminate the computer as a problem. I had someone else contact me with the correct number and recieved it the same day as yours installed it and the problem went away.
Now 2 weeks later I get no answer no matter how I contact.
My voice mails have been nothing more than please contact me when you get this message. Every couple days.
Just feeling like Im being blown off. This is affecting my lift/tire funding and the snow will be here before I know it.
What would you do?

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Last edited by UNLIMITLESS; 11-25-2009 at 09:19 PM.. Reason: spelling/grammar pretty bad first time
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Unread 11-25-2009, 09:22 PM   #2
bman9089
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I hate hearing when this happens around here.

So......the people of JF are gonna want to know...who was it?
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Unread 11-25-2009, 09:25 PM   #3
percent20
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I'll be honest the agreement was if it didn't work then he would refund the money. You never tried it so he has no obligation to refund the money. So at the end of they day it is mostly you that is sore about it, he is not in the wrong.

That being said the other party should talk it out with you if for nothing else than to not be a ****** about the whole thing. Unfortunately, things are sold as-is which means you get stuck with things maybe you can throw it up on ebay or craigslist and get some of your money back out of it?
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Unread 11-25-2009, 09:29 PM   #4
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i kinda agree with what was said above.. but no reason he should not tell it to you himslef..
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Unread 11-25-2009, 09:30 PM   #5
Kota04SXT
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He sent it back to the original seller.... so how can he sell it if he doesnt have it back....?
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Unread 11-25-2009, 09:31 PM   #6
percent20
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Quote:
Originally Posted by Kota04SXT View Post
He sent it back to the original seller.... so how can he sell it if he doesnt have it back....?
he can request to get it back I am sure the other guy will definitely get that message.
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Unread 11-25-2009, 09:33 PM   #7
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Quote:
Originally Posted by percent20 View Post
I'll be honest the agreement was if it didn't work then he would refund the money. You never tried it so he has no obligation to refund the money. So at the end of they day it is mostly you that is sore about it, he is not in the wrong.

That being said the other party should talk it out with you if for nothing else than to not be a ****** about the whole thing. Unfortunately, things are sold as-is which means you get stuck with things maybe you can throw it up on ebay or craigslist and get some of your money back out of it?
Maybe my reading comprehension is failing me right now, but I thought the agreement was that if he couldn't use the part that all the OP would be left paying for is the shipping cost. The OP had no need so he shipped the box back and now he wants a refund. Sounds like the guy should pay up to me.
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Unread 11-25-2009, 09:37 PM   #8
percent20
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Quote:
Originally Posted by bman9089 View Post
Maybe my reading comprehension is failing me right now, but I thought the agreement was that if he couldn't use the part that all the OP would be left paying for is the shipping cost. The OP had no need so he shipped the box back and now he wants a refund. Sounds like the guy should pay up to me.
I guess it could be taken more than one way. I read it as if it doesn't work then send it back.

Or based on your understanding the "Couldn't" could be used to mean can't use it. Technically he can use the part he just chose to not use it.
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Unread 11-25-2009, 09:37 PM   #9
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Quote:
Originally Posted by bman9089 View Post
Maybe my reading comprehension is failing me right now, but I thought the agreement was that if he couldn't use the part that all the OP would be left paying for is the shipping cost. The OP had no need so he shipped the box back and now he wants a refund. Sounds like the guy should pay up to me.
he said "If it doesnt work out let me know and Ill refund your $ minus shipping" not if he doesnt use it...
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Unread 11-25-2009, 09:38 PM   #10
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Another member is having problems with someone in the classifieds. Same guy?
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Unread 11-25-2009, 09:44 PM   #11
bman9089
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Quote:
Originally Posted by percent20 View Post
I guess it could be taken more than one way. I read it as if it doesn't work then send it back.
Or based on your understanding the "Couldn't" could be used to mean can't use it. Technically he can use the part he just chose to not use it.
Well whether he can use the part, or can't, I don't see what the difference is. The seller agreed to refund him the money in case things generically "didn't work out" and IMO that's the appropriate and courteous thing to do. Especially now that the OP doesn't have the part anymore. I suppose the OP could have just lied and said that the part wouldn't work.

But the point is that the buyer is paying for the shipping and the seller gets his part back so he's not at any sort of loss. Tell me then why the buyer doesn't deserve to receive a refund?

Quote:
Originally Posted by LongJeep04 View Post
he said "If it doesnt work out let me know and Ill refund your $ minus shipping" not if he doesnt use it...
Well......apparently it doesn't work out. Hence he's sent the part back. The seller isn't harmed in the transaction and hasn't lost anything, but now the buyer is screwed. That's the bottom line.

Are you telling me that if someone paid you for a part and then immediately found it locally cheaper and cancelled the order and offered to pay shipping that you would simply tell them "sucks for you, I have your money now" Because if so, with all due respect, remind me never to buy anything from you.
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Unread 11-25-2009, 09:45 PM   #12
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Actually what I read, is that the member first stated that the part was the SAME part number. Only after the OP paid for the item did the seller state that it was NOT the same part number. In that case, it should fall back on the seller for not meeting the terms of the sale. The sale was for an item with the same number but that item was not sent, another item with a diff number was sent.
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Unread 11-25-2009, 09:48 PM   #13
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Im not going to say who it was right now. Im hope the seller sees this and does the right thing.

I was told if it didnt work out send it back and he would send me the $ back minus shipping. I paid $80+$10 shipping.I shipped it back the same way it was sent to me for $8.50 no big deal.

I think it bothers me more that there has been NO CONTACT in 2 weeks.
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Unread 11-25-2009, 09:48 PM   #14
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^^ Good point AmbuGrl.
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“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it” -- Mark Twain

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Unread 11-25-2009, 09:49 PM   #15
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Quote:
Originally Posted by AmbuGrl View Post
Actually what I read, is that the member first stated that the part was the SAME part number. Only after the OP paid for the item did the seller state that it was NOT the same part number. In that case, it should fall back on the seller for not meeting the terms of the sale. The sale was for an item with the same number but that item was not sent, another item with a diff number was sent.
Agreed; I think everyone forgot that first point after reading through... if it was incorrect advertising from the start, OP deserves his money back. If that hadn't been the case and all of the rest had happened, then OP should just be out of luck for not using the part. But yeah, the seller advertised the incorrect part number from the get-go. He should give the guy his money back.
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