|Problem: Buyer reports problem with purchase|
07-13-2006>Buyer describes the events as follows:
I bought a pair of Levinson 33's, in 240V UHC configuration, from the above party and they arrived on 3-11-2006. I immediately inspected the boxes and there were no problems. I hooked the units up to my drier, as they were 240 to insure they worked and they did. Due to heavy new construction in the area It took almost 6 weeks to get an electrical contractor out to wire 2 dedicated 240 Volt mains and to have a service changeover from 150A service to a 200A service. This was done on 5-4-2006. I powered the units up and appoximately 2 hours later one of the amps would shut off and stay in protection mode. I tried various speakers and even swapped amplifier locations to ensure the problem was with the amplifier. I then e Mailed the seller to make him aware of the problem. He said "keep me posted." I sent the amplifer to Bill Thalman of Music Technology (703-764-7005) on May 10 2006. As of Today 7-13-2006 Bill Thalman infomed me that one of the transistors inside the amplifier had never been soldered from the factory and that one of the screws on one of the power supply capacitors was loose and arcing causing other damage. He also explained to me that Mark Levinson would not release the Owners manual and therefore he could not complete the repair of the amplifier. I have contacted the seller to inform him and he said he could not be held accountable for a sale that long ago. I tried to explain to him that only 4 to 5 weeks had passed before I had informed him of the problem and that I was trying to assertain if the damage was a preexisting condition or a result of shipping damage.
I have save all E mails and my reciept to confirm what I have said is true. Also you may call Bill Thalman at Music Technology to confirm.
Buyer is requesting the following resultion:
I have done everything in my power to resolve this dispute in a fair manner. I have informed the seller every step of the way. He has flat out stated to me that he has no responsiblity to help in this matter. I would like a full refund minus shipping fees for the units.
Seller describes the events as follows:
Product sold: Mark Levinson 33's amplifiers, factory crates, 500lbs per side shipping weight.
These amplifiers were of the 240v varietal, fully functioning at my home prior to pack/ship for a solid 2 years. The only issue I had experienced with the amps was early in their stay, when while waiting for the electrical to be upgraded to 240V I had been running them through a step up and every once in awhile they would shut down and trip the breaker. California power - I tell you.....
Amps shipped March 2, 2006, arrived via freight on March 11, 2006.
April 14, 2006 @ 3:25PM I received this email:
"Unfortunately, the Electrician has yet to come out and run dedicated 240V lines. I have, however, checked each unit to verify that they arrived in working order. I played each unit for about 30 minutes to verify they were not damaged in transit."
If I recall, buyer was able to connect to a dryer line? I can't recall, but something of this sort. Months later, once his electrician completed some work I am informed of some issues with the amplifiers. His repair person, clearly not an authorized repair shop if they are not Levinson does not authorize them to get the schematics of the amplifier, deems loose bolts and faulty soldering. Not sure how the solder job from the factory worked fine for me for years and for buyer if EVEN for 30 minutes in which he tested it, then suddenly has issues 2 hours in. As for a loose screw on a power supply capacitor, clearly something that happened EITHER, during shipping from me to the buyer OR at any point once the buyer took possession (moving them around the house, in and out of the house, and from his house to the repair shop).
In any event, the buyer clearly tested and released (by acknowledgement in the above email) responsibility of my and the shipping company of any and all liability and referenced insurance at this point. Not to mention, shipping carriers often allow 7-10 days for inspection of items for damage, not 4-5 weeks.
As well, at this point, an unauthorized repair facility has opened these amplifiers and I am liable for their findings?
I can't see how I am supposed to be liable for product that was shipped and received (per email above) as stated and advertised. These were sold as is with no warranty implied or given, unlike purchasing from an authorized dealer at dealer pricing, assistance, and warranty. The buyer paid for and received amplifiers in the exact stated condition, clean and fully operational.
Seller's proposed resolution:
Buyer has the amplifier repaired and enjoys them for years to come.
As stated I connected the units to confirm they were not damaged in shipping. They were not, they had a preexisting condition. THEY NEVER ARRIVED IN THE CONDITION THAT WAS STATED IN THE AD. They never worked as advertised!! I do not know how the units worked for years in his service as I am not a tech. I know the units will go into protection mode when they get hot. I informed him IMMEDIATELY when dedicated lines were run. as stated earlier, I informed him and he said "keep me posted." I have kept all receipts and E mails to back up my claims. Also I asked the Seller, as well as anyone else interested, to contact Bill Thalman of Music Technology to confirm what I have said was true regarding the amplifier. Seller refused to contact Bill, and made no attempt to confirm what I have said is true. I had no idea Mark Levinson would not release schematics on a unit out of production and out of warranty!! I was trying to save myself and the Seller some money on the repair by using Music Technology. Bill came highly recommended by members on this forum as well as the Audio Asylum.
As of 08-04-2006, Audiogon is requesting input from members regarding this dispute.