See More wrote:
On Sat, 10 Jan 2004 18:05:48 -0500, "news.vif.com"
wrote:

Yes I know about this customer. Yes most of this did happen
unfortunately but the only problem I dispute was the last points.
First mistake: Yes, we shipped this custoemra IC-2100H by mistake. We
shipped another customer his R-3. After shipping over 200 boxes we had
one mixup. I take full responsibilty here. We shipped his R-3 without
charging him because of this mixup.
Second mistake: He ordered a used R-3 at $479 and we shipped him a new
R-3 at $569. Getting his radio out we missed this piont as I was more
concerned that customer got his radio asap. I offered the new radio to
him for $40 off a price of $529 with full warranty or to ship out the
used radio at $479 and we pick up all the shipping charges. He declined
as he said he will only pay the $479 and we declined and I said I will
refund all his money as long as everything is returned as new.
That is where the problem begins.
Almost all internal packaging is missing. It looks like the customer
used the product and threw the packaging. When the new R-3 was received
in this condtion we called customer to mail back missing packaging and
he said this is how it got this. We offer a full refund if he mails in
the missing items or a charge of $50 (approximately 10%) restocking fee.
The offer is still there to return all missing items and receive full
refund but he believes he is correct.
If there was a little missing I would let this go due to all the errors
but the radio is in new condition but all the internal compartments and
plastic bags are missing and he should be responsible and if he new he
was not going to keep this he should have made an effort to return as
much of the original items.
Unfortunately mistake do happen and I take full responsibiilty for that
msitake. But he too must take responsibilty for his mistakes.

Please do me a favour and forward this to the usernet for us and let
others know that he can still mail in the missing items and we will
refund his charges in full.

Angelo, President of Radioworld

What you have done is called "bait and switch" . You advertised a used
component and then shipped a new component at a higher price. Whether it
was intentional or not is anyones guess. If the customer ordered a used
component and you mistakenly sent him a new one as you claim then the
customer is under no obligation to you for anything except the $479. If
that is not acceptable to you and if you want your component back then
you are responsible for any shipping charges and normal wear and tear on
the item which includes throwing away the packing material. The customer
believed in good faith that he paid $479, received the merchandise and
the deal was done.

If I were the customer I would write to the credit card company refusing
to pay the charges and accusing you of bait and switch.

If I were you I'd forget about the $50 and be more careful in the future.
If this customer wanted to pursue this negativity about your business
using the newsgroups you could end up losing business because all this
negativity is being archived on Google. If someone does a search for your
business and begins seeing that people have problems with your company
they are going to look elsewhere.


See More

I agree with you.

The contract was for a used radio at $425. It was a breach of contract to
supply anything else. In the UK at least, the seller would be obliged to
arrange for pick-up if the buyer did not want to go thru the hassle of
sending back. And I guess that the buyer could refuse to pay. Buyer could
pay the $50 if he wanted to for the new radio, but would not be obliged to
I'm sure. Different for goods that cannot be exactly ascertained, like
grain from a large pile. Here, it's not unreasonable that the order may be
above or below the ordered amount, and payment would be according to what is
actually received..