Problem: Inaccurate or misleading ad
04-04-2007: Zawwin initiated process
04-07-2007: Alex4848 submitted response
Zawwin describes the events as follows:
I answered the ad for Audio Technica OC-9 MC cartridge that was used only for six months. I asked the following exact questions before I sent the $80.00 MO. (1) Why do you thing it need retipping? (2) Do you think it's plain worn from usage? (3) Is the diamond tip intact? Chipped? (4)Is the cantilever straight? (5)Do you think I can get few more hours of use before sending it for retipping?
The exact reply was "Yes,the OC-9 is very usuable but it needs retipping." I received the OC-9 on 3/21/07 with the missing cantilever! I requested the $80.00 refund. He misrepresented himself on the sale by not disclosing that the OC-9 has the missing cantilever! He lied on his first reply that it was very usuable! He ignored my email till informed my intent to file with Audiogon Dispute Resolution Process. His 3/30/07 reply was "Zaw,yes, I think it is better to ask Audiogon. If they conclude that the ad was "deceiving" I will gladly refund your money"
I rest my case!
Zawwin is requesting the following resultion:
Refund the $80.00 money order and I will return the defective AT OC-9 in the same condition I received at my shipping expense.
Alex4848 describes the events as follows:
Firstly, disputes are resolved when those involved in them present facts truthfully. The "exact" questions that the buyer says that he asked (especially in such detail) were never asked. Most importantly, however, the ad and the emails stated clearly that the cartridge needed RETIPPING.
The dispute arose because of the buyer’s misunderstanding of the particular language used in audio and of audio’s concepts. Namely, that the tip of an MC cartridge can be separated from the cantilever or that it is replaceable.
Audiophiles know all too well that the part that breaks is the cantilever -- not the tip. I wrote about audio for many years: When others or I write that “we sent x cartridge back for retipping,” we never mean, “for replacing the tip.” We mean, for “replacing the system itself.” In fact, because of the difficulty and the labor involved, many manufacturers do not even change the cantilever. They either provide a discount (e.g. Ortofon) for a new one or they replace the whole cartridge, i.e. they send back a new one.
Alex4848's proposed resolution:
My ad was clear and unabiguous. And that ad is the only public information and the only objective information one can use to judge my contact. As I stated in my email to the buyer, I will await for Audiogon's decision.
Zawwin's rebuttal:
Alex4848 is twisting the Truth again by stating the "exact" questions were never asked! Please re-read all the emails and communications we had via the Audiogon email system. I stand by my original demand of getting my $80.00 back!
As of 08-09-2007, Audiogon is requesting input from members regarding this dispute. |
