Buyers rights - Trademe - any lawyers?!
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Category: Saltwater Fishing
Forum Name: The Briny Bar
Forum Description: The place for general chat on saltwater fishing!
URL: https://www.fishing.net.nz/forum/forum_posts.asp?TID=51622
Printed Date: 14 Jun 2026 at 5:14am
Topic: Buyers rights - Trademe - any lawyers?!
Posted By: flyfisher
Subject: Buyers rights - Trademe - any lawyers?!
Date Posted: 12 Mar 2010 at 9:02am
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Sold a Lowrance 6" colour sounder / GPS on Trademe a month ago for $1350, guy paid and never heard anything else until a week ago. The unit was working perfectlywhen sold on all functions. He says the transducer is faulty and didnt do any depth readings and it worked when he tried it on a mates boat with the same unit and TD/x, but GPS worked fine. Now in the space of a week he has sent to ENL (without my knowledge) and says they say the motherboard is crook and unrepairable! I had no idea he had sent it to them, now he wants a full refund plus "expenses"! What is his recourse on this? I have offered him a refund of half the cost ($675) of what he paid and that is it as a good will gesture as it's just a my word against his scenario. I don't have to offer any refund at all is my understanding but he still wants the full amount refunded! For some reason he thinks I was selling as a business but it was simply a private sale. ------------- https://www.youtube.com/user/troutboynz |
Replies:
Posted By: Donald Duck
Date Posted: 12 Mar 2010 at 9:20am
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No brainer. Retract offer of half refund. Buyer beware... it was sold in good faith and that's the risk he takes buying on TradeMe, end of story. Let him see what expenses are really like if he tries to force you into his demands! Just out of interest, did he provide evidence of the alleged communication from ENL? and... What is the cost of a new mother? |
Posted By: Dagwood
Date Posted: 12 Mar 2010 at 9:26am
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Don't forget from your side he could have dropped it or his install could have caused a voltage spike etc - all beyond your control. As you say it was working sweet when you removed it. Sounds to me like you've been very reasonable. |
Posted By: Jemry
Date Posted: 12 Mar 2010 at 9:33am
| Was it listed "as is" ? Agree it's buyer beware, however, had a mate get taken to small claims over an outboard that he sold on trademe, and he lost. |
Posted By: Finatic
Date Posted: 12 Mar 2010 at 9:37am
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Buyer beware I would think. If it was working properly when it left your hands then I would retract any offer of compensation. Did you courier it to him?... that could be the cause right there. Otherwise he probably rooted it trying to install himself. ------------- What's the cheapest type of meat? Dear balls. They're under a buck. |
Posted By: Capt Asparagus
Date Posted: 12 Mar 2010 at 9:44am
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Caveat emptor. As long as you sold it as a second hand unit, not attached to any business or anything, I doubt very much if consumers rights would apply. For that sort of money, I'd have thought he would have asked for a test to be done from a servicer, just to be sure. He didn't, and it has been a month now as well, if it had been just the next day that he found there was a problem... Still, problim blong himfella. |
Posted By: Wide Load
Date Posted: 12 Mar 2010 at 9:46am
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No one likes to buy a dud, however your offer of 1/2 refund seems fair and I would snap that up. Then I'd go buy a new one with a warantee.
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Posted By: [email protected]
Date Posted: 12 Mar 2010 at 9:54am
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No recourse at all. If I read it right, then the unit was working properly when you had it. As stated above , you have no way of knowing if something happened in the install etc , so stick to your guns if you truly believe you are in the right. ------------- http://www.blackbillsportfishing.co.nz/" rel="nofollow"> 
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Posted By: one leg
Date Posted: 12 Mar 2010 at 9:55am
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would think so long as your Trade me site is private and not a company site ,buyer beware ------------- woman who say they are equal to men ,show lack of Ambition . |
Posted By: felixx
Date Posted: 12 Mar 2010 at 9:58am
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sounds like you have tried to be fair..
He is being a goose ------------- Originally posted by TG LMAO felixx, you a sick puppy! hehe |
Posted By: flyfisher
Date Posted: 12 Mar 2010 at 10:01am
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Appreciate the replies, all good stuff, no I stated in the auction it was in full working condition and it was, I had had it out on the water prior, no issues at all. He says he can provide proof of being looked at by ENL but I have not sighted as yet. As my email address says "marine-trader@_ _ _ _ _.com" he thinks I'm a business and should be liable, I am not. I understand his frustration but as mentioned he could have dropped it, put 24v through it, walked around for a week with it in his undies.... I just don't know... and agree contact 4 weeks after sale is quite a while. What gets me is he said the TD/x was stuffed, but everything else worked when he tried it on a mates TD/x and cradle which was the same unit, GPS, temp, mapping etc. worked but a week later he says the motherboard is stuffed, makes no sense to me? Either way I'll wait to see what he says but agree, I think it's more than generous to offer 1/2 the cost as I certainly do not have to. Will let everyone know the outcome as I imagine situations like this arise quite often with marine electronics. ------------- https://www.youtube.com/user/troutboynz |
Posted By: px
Date Posted: 12 Mar 2010 at 10:42am
Betelnut problim blong himfella I'm thinkin' ;) Black wire goes to positive, red wire goes to chassis, right? I've met a few dimbulb trademe buyers in my time. |
Capt Asparagus wrote:Posted By: sink
Date Posted: 12 Mar 2010 at 10:43am
| You went a long way to make good in my opinion. When you buy something unsighted on t.m you take what you get. If paying good coin for something then get proof it works before forking out. I'm in no way saying it didnt work, and think something probably something happened during installation. Keep your coin, the offer was made and if the tables were turned what do you think would happen? |
Posted By: Bazzman58
Date Posted: 12 Mar 2010 at 12:54pm
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Sounds like he's installed it incorrectly and is looking for a scape goat so he doesn't look a total prat to his mates... ------------- We all have one that got away.. |
Posted By: MarkE
Date Posted: 12 Mar 2010 at 1:19pm
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Ask him to return it BEFORE YOU REFUND ANYTHING so you can get it checked out yourself - that way you can find out whats wrong (if anything) and a possible cause (most good electronics repairers can give you a pretty good idea on what would cause any fault found) Refund or return based on your findings.------------- Sea Strike 18' Centre Console - Under Construction.... http://www.fishing.net.nz/asp_forums/sea-strike-18-build-thread_topic87723_page1.html" rel="nofollow - Build Thread here |
Posted By: Muppet
Date Posted: 12 Mar 2010 at 1:34pm
| No refund, you sold it in good faith and 4 weeks between sale and problem detected is a quite a while. I reckon he cooked it himself. |
Posted By: Dagwood
Date Posted: 12 Mar 2010 at 1:47pm
| Perhaps refer him to this thread so he can see what the majority of people think is fair and reasonable...... |
Posted By: Nirai
Date Posted: 12 Mar 2010 at 1:55pm
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Andrew you are a respected member of this forum, this guy sounds like a shister.
He probably dropped it and wants to blame somebody else. To much time has elapsed. Retract your offer to refund half, so he gives you a bad tick in the TM feed back how many positive feedback comments you got? Lots I would imagine. ------------- "Gunrunner" Surtees 610 Game Fisher current *"Double Barrel" Seacat 635 "Good Riddance!" *"Seriola" Surtees 485 CC Retired with honours! |
Posted By: bonus
Date Posted: 12 Mar 2010 at 2:15pm
| Maybe he had one already and it was stuffed. He keeps your good one and sends you his. Mind you if that was the case I'd say he would have jumpd at the half refund. |
Posted By: fozzie
Date Posted: 12 Mar 2010 at 2:20pm
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When you say it was "working perfectly" was the unit demonstrated to him?? If so then really see he has no recourse, unfortunate, and awkward for both parties, but feel you have done all you should feel morally obliged to. He would be better off to accept your (overly) generous offer of half refund and buy new.His problem, not yours. ------------- Dont take life too seriously.....no one gets out alive any way. http://www.legasea.co.nz" rel="nofollow"> 
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Posted By: one leg
Date Posted: 12 Mar 2010 at 2:27pm
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Andrew can see why he believes you are a Marine trader look at your site address did you tell him at the begining you where selling it privataly.. and not as a company ------------- woman who say they are equal to men ,show lack of Ambition . |
Posted By: mowerman
Date Posted: 12 Mar 2010 at 2:29pm
| buyer beware,no refund no nuffn..he could of damaged the unit himself.. |
Posted By: mouthu
Date Posted: 12 Mar 2010 at 2:31pm
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I'm of the understanding that 'trademe' is an auction site and from having bid and won stuff at other auctions (turners etc) that auctions are always 'as is, where is' unless other wise stated.
And four weeks is too long to try to make a claim aswell. ------------- Yes it was me, I screwed it up for everyone. |
Posted By: Panga
Date Posted: 12 Mar 2010 at 2:41pm
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The buyer has no recourse with you Andrew, unless you are trading in these units, if you have a history of trading in similar items then the buyer may be able to claim that you are indeed a merchant and the goods were not of sufficient quality and or condition for sale.
A recent ruling from the tribunal was that a merchant is not limited to someone who advertises the fact but can include anyone who conducts themselves in this way, ie selling similar products fairly regularly.
If this did get to tribunal you would be on a hiding to nothing, the buyer has the right to have the goods repaired or a full refund.
------------- I ONLY FISH HANDMADE KOJAK CUSTOM RODS. |
Posted By: v8-coupe
Date Posted: 12 Mar 2010 at 2:45pm
| If it was sold as second hand and as a private sale he does not have a leg to stand on. If at all possible he should have asked you to demonstrate all was working well before handing over the money. If he made no effort to do this then it is all his problem. It does not matter what email address you use. As long as the two points mentioned above are abundantly clear, retract your offer and tell him to take a running jump or maybe pistols at dawn. You will know in yourself if you were being honest during the sale. If you are 100% positive, stick to your guns and tell him to take his best shot. |
Posted By: Cbro
Date Posted: 12 Mar 2010 at 2:52pm
| Sounds like he ****ed it putting it onto his mates boat, he should be trying to scam his way out of it with the post service not you... |
Posted By: Seth
Date Posted: 12 Mar 2010 at 3:00pm
I guess the problem youhave is that he is claiming that you are trading as a company when you sold it so the consumers guarantee act applies... however you could prove that you sold it as private so the sale would fall under two different acts:
Laws covering private salesContractual Remedies ActThis Act gives you a right to be compensated where the seller made a representation about the goods to you which you relied on in your decision to enter the contract and the representation turned out to be misleading or false. If the representation is serious, you may have the right to cancel the sale.
Sale of Goods ActThe Sale of Goods Act has limited application to private sales. The Act gives you the right to seek a refund, or claim for damages where, unknown to you, the seller did not have the right to sell the goods, money was still owed on the goods or the goods were used as security. Be Aware A seller can choose to contract out of the Sale of Goods Act. and
Buying privatelyGenerally, when you buying something privately you do not have the right to cancel the contract and you have only limited rights if something goes wrong - it is a situation of "Buyer Beware". But you do have rights in the following situations: The seller has misled youThe Contractual Remedies Act gives you a right to claim compensation if you agreed to the contract based on what the other party told you, and that information turns out to be incorrect. The amount of compensation should be sufficient to put you in the position you would have been if the misrepresentation hadn't been made.
The seller did not have the right to sell the goodsThe Sale of Goods Act gives you the right to cancel a contract or claim compensation where, unknown to you, the seller did not have the right to sell the goods, or the goods were being used as security. |
Posted By: Seth
Date Posted: 12 Mar 2010 at 3:03pm
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more info on
http://www.consumeraffairs.govt.nz/consumerinfo/contracts.html#cancel - http://www.consumeraffairs.govt.nz/consumerinfo/contracts.html#cancel
BTW, dont think there would be many lawyers on this site since their all sharks and the bain of most fishers
 |
Posted By: Tonto2
Date Posted: 12 Mar 2010 at 3:33pm
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break his legs ------------- slowly going where everyone else has already been |
Posted By: CornishTommy
Date Posted: 12 Mar 2010 at 3:33pm
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To put a slightly different slant on his possible motives;-
I have known of buyers on ebay in the UK who will buy an identical unit to one that they already own. The one they have is bust and they buy a working version off ebay. Send their original busted one off to the manufacturers who send back a report saying the 'sprongebracket sensor' has fried (or whatever
) The buyer then contacts the seller and tells them it didn't work when they received their purchase and have a report that says that the sprongebracket sensor has fried. Seller offers refund, buyer has original unit repaired with refund money. Keeps the best of the two units and sells the other on ebay. Nice profit to be hadAlways make a note of the serial number when you sell it. Then get a copy of the report and see if it's the same serial number. Very easy to do, not normally thought about though. Mention to the would be ripoff artist that you would like a copy of the report and that you have the serial number etc to check with it and they will soon disappear.
It's goodwill to offer a refund but not something you have to do. However you can't be sure of their motives ------------- Don’t argue with Idiots.. They will bring you down to their level and beat you with experience. |
Posted By: Hairy Little Dwarf
Date Posted: 12 Mar 2010 at 4:06pm
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As has been said, one of the risks of buying sight unseen off Trademe. Cheerfully accept that little red face in your feedback that you will undoubtably get and move on. Sounds like he's trying to pull a fast one on you. ------------- The Dreaded Shark-Eating Man! |
Posted By: Busted!
Date Posted: 12 Mar 2010 at 5:12pm
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I'm in the same position myself, having just sold some autopilot gear. Buyer wants refund saying gear is inoperative, when in fact we bench tested it before listing and were going to use it ourselves but had a plan change half way through.
As a result of plan change listed it so that someone else could get the benefit, now have ended up with a possible 'high-grading' going on - and I think that I'm on the shafting end...
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Posted By: Busted!
Date Posted: 12 Mar 2010 at 5:26pm
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Another comment, goods auctioned are not covered by the consumer garuntees act at all, only by the Fair Trading Act.
It gets a bit blurry when the Buy It Now bids are utilised. That's why pawn shops don't do b-i-n bids...
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Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 8:41pm
| auction number??? |
Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 8:47pm
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Wouldnt be this one? http://www.trademe.co.nz/Trade-Me-Motors/Boats-marine/Parts-accessories/Fish-finders/auction-266385460.htm hmmm both in wellington, I would sugest tis is you? |
Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 8:49pm
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If this is you then you ARE working as a store, look at your sold trades, all seem to be boat related, honour your sales dudeand your name is "resellnz" oh please post the auction to prove me wrong |
Posted By: green guy
Date Posted: 12 Mar 2010 at 8:58pm
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hmmmmm ------------- http://www.facebook.com/hauraki.hillbillys |
Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 9:04pm
| "Customer replaced with a larger Lowrance. $1 reserve" quote from your auction, it is you as its the only lowrance around the correct value, if people bother to look at your listings sold you sell quite a bit of marine gear a shop of sorts....................................see http://www.trademe.co.nz/Browse/SearchResults.aspx?from=advanced&advanced=true&searchstring=Lowrance¤t=0&mcat=all&sort_order=default&searchregion=100 - http://www.trademe.co.nz/Browse/SearchResults.aspx?from=advanced&advanced=true&searchstring=Lowrance¤t=0&mcat=all&sort_order=default&searchregion=100 |
Posted By: STEVIE WONDER
Date Posted: 12 Mar 2010 at 9:23pm
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Mate and by implication you have just plead guilty by offering a refund even if its half the selling price.And as Nitro have indicated and i have perused it myself look like you are trading as a dealer.Now that changes the whole scenario of the sale.There is a distinct and clear difference between a private seller and a dealer.Hope it works out well but? ------------- ONLY WHEN THE LAST TREE HAS DIED AND THE LAST RIVER BEEN POISONED AND THE LAST FISH BEEN CAUGHT WILL WE REALISE THAT WE CANNOT EAT MONEY. NATIVE AMERICAN CREE |
Posted By: cosmo
Date Posted: 12 Mar 2010 at 9:28pm
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there is still the expense of returning to nrl for inspection this even if sold as a store trader would be unacceptable as the seller has 1st right of repair/replace even under cga. ------------- i just want to go fishing..........amd ignore all my adult problems |
Posted By: tas-tackle
Date Posted: 12 Mar 2010 at 9:32pm
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too many speaking from emotions here.. been there done that.. and won.... ANY slight misrepresentation by you will see you pay ALL costs including courier, phone calls etc.... what you wont have to pay is the $30.00 they pay to have the hearing heard.. sorry Andrew I see you as selling marine products as Nitro and stevie have indicated.. In fact I have purchased a marine product from you in the past... All the best... hope it all pans out...
------------- http://postimage.org/" rel="nofollow">  http://www.tas-tackle.co.nz |
Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 9:34pm
| Cant say for sure but it really looks like him???? $1 reserve the buyer has no grounds for a refund but it states at the to of the auction "sold to another member" now that is buy now and covered under the CGA I have contacted the buyer to see if it is them and if they would like to comment here |
Posted By: Panga
Date Posted: 12 Mar 2010 at 9:35pm
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Andrew if Nitro is correct and you are selling a bit of boat gear on trade me then you would indeed be viewed as a merchant by the tribunal, I am a liceinced car dealer and I know how this works.
The customer has the right to demand that you repair the item to working condition or refund him all monies, and its his choice which way it goes, he has informed you the item was faulty and had this independantly verified.
Im not saying it wasnt working when you gave it to him, but as a merchant you are on a hiding to nothing and your offer of half compensation is redundant as the buyer is entitled to a full refund if he requests it.
By my understanding of the wording of your add and your feedback you would defanately be seen as a merchant in the eyes of the tribunal.
And selling by auction or by sham tender does not allow you to circumvent anything, you still have to offer your client " goods fit for the purpose for which they are sold." ------------- I ONLY FISH HANDMADE KOJAK CUSTOM RODS. |
Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 9:37pm
so the plot thickens.... did not take much digging to get the little info we have you are a trader who ripped off someone and then come winging one here? when it turns to crap? boy I hope we are wrong and you give us a different auction number... if so I will apologise but until then SHAME ON YOU |
Posted By: tas-tackle
Date Posted: 12 Mar 2010 at 9:43pm
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NZ Nitro.... Puleeeese... Dont add ME to your "WE" Andrew has asked a question and requires opinions that's all... Just wants to know where others see his stance... No need for the slagging and indeed no need to try to find the buyer. Anything to do with the sale is between Andrew and them... privately ------------- http://postimage.org/" rel="nofollow"> http://www.tas-tackle.co.nz |
Posted By: flyfisher
Date Posted: 12 Mar 2010 at 9:45pm
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Yes Nitro, you are correct, but no I have not "ripped anyone off" I tinker in all sorts of bits of marine related stuff, I love fish finders and testing them, I brought heaps years ago to install on kayaks, some I buy and sell if I don't use. It is my hobby. That one was off a work colleagues boat, he basically gave it to me for nicks for installing the new HDS for him, not a store but you have some valid comments! Customer was probably not the correct word to usead agree it sounds like a shop. Some great feedback on here, a real learning curve, still hope to sort out amicably with the buyer, but I still think he is being a bit unfair. Have had a good read through all the guarantees act some real grey areas on there regarding online auctions - all very confusing. ------------- https://www.youtube.com/user/troutboynz |
Posted By: cosmo
Date Posted: 12 Mar 2010 at 9:52pm
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but if it did not have a buy now but instead ran the course of the auction i thought it was therefore deemed to be sold on a as is where is basis.and would still question the fact he sent it in to be checked and is now asking for the money also for this with out being in touch at all.
if one of your vechiles was sent straight to a workshop for repairs without notifying you would you be happy to stand the bill panga ------------- i just want to go fishing..........amd ignore all my adult problems |
Posted By: flyfisher
Date Posted: 12 Mar 2010 at 9:52pm
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Thankyou Fisher, yes Nitro it was a $1 reserve auction, I was looking at putting it on my boat hence trying all out on the water and all functioned perfectly. I like to think I am a fair person. ------------- https://www.youtube.com/user/troutboynz |
Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 9:53pm
| LOL YOU ARE A TRADER DUDE you dont "tinker" but are someone who trades for a "bit of cash on the side" so man up to it and sort it |
Posted By: flyfisher
Date Posted: 12 Mar 2010 at 9:54pm
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Interesting points in here reading about $1 res auctions meaning as is, was def a $1 reserve, does anyone if this is correct? I think I'll just put as is on every auction I do now.
------------- https://www.youtube.com/user/troutboynz |
Posted By: tas-tackle
Date Posted: 12 Mar 2010 at 9:57pm
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sorry...wont make any difference ------------- http://postimage.org/" rel="nofollow"> http://www.tas-tackle.co.nz |
Posted By: flyfisher
Date Posted: 12 Mar 2010 at 9:58pm
I am trying to sort it, it's all a learning curve. I'm just after opinions on getting a fair outcome for both parties hence the original question. ------------- https://www.youtube.com/user/troutboynz |
Posted By: STEVIE WONDER
Date Posted: 12 Mar 2010 at 10:03pm
That only applies if the seller is a private entity.You could be deemed to be a dealer hence all the listings if it does relate to you.When you a dealer all good sold has to be in a usable state or fit for use as the law puts it.Your trade could be seen as mala fide ------------- ONLY WHEN THE LAST TREE HAS DIED AND THE LAST RIVER BEEN POISONED AND THE LAST FISH BEEN CAUGHT WILL WE REALISE THAT WE CANNOT EAT MONEY. NATIVE AMERICAN CREE |
Posted By: green guy
Date Posted: 12 Mar 2010 at 10:06pm
must b getting closer to winter ------------- http://www.facebook.com/hauraki.hillbillys |
Posted By: fozzie
Date Posted: 12 Mar 2010 at 10:08pm
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Just had a look at the original auction, sorry guys, but I cant see anything to suggest that this guy is a dealer, am I missing something?? Heaps of private sellers on Trade Me with a swag more auctions than this indivivual, and I could not see anything that implied he was commercial dealer?? ------------- Dont take life too seriously.....no one gets out alive any way. http://www.legasea.co.nz" rel="nofollow">
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Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 10:09pm
| reading your feedback you are not "new" and you know how it works.... oh and mine on tm snappa2 is my name, and I know plenty about trading, you should get the report from ENL and from your posts on here you are familiar with them hmmm? and if it was truly faulty man up and refund..... so where do you get all the stuff you sell on TM? |
Posted By: STEVIE WONDER
Date Posted: 12 Mar 2010 at 10:10pm
Explain please sir LOL ------------- ONLY WHEN THE LAST TREE HAS DIED AND THE LAST RIVER BEEN POISONED AND THE LAST FISH BEEN CAUGHT WILL WE REALISE THAT WE CANNOT EAT MONEY. NATIVE AMERICAN CREE |
Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 10:11pm
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Posted By: kens
Date Posted: 12 Mar 2010 at 10:12pm
 oh boy, I know what you mean.------------- The past, the present and the future walked into a bar. It was tense. |
Posted By: tas-tackle
Date Posted: 12 Mar 2010 at 10:16pm
maybe I should go look on T/Me for a new swanie then...  
------------- http://postimage.org/" rel="nofollow"> http://www.tas-tackle.co.nz |
Posted By: green guy
Date Posted: 12 Mar 2010 at 10:17pm
------------- http://www.facebook.com/hauraki.hillbillys |
Posted By: STEVIE WONDER
Date Posted: 12 Mar 2010 at 10:20pm
Gotcha mr green guy   ------------- ONLY WHEN THE LAST TREE HAS DIED AND THE LAST RIVER BEEN POISONED AND THE LAST FISH BEEN CAUGHT WILL WE REALISE THAT WE CANNOT EAT MONEY. NATIVE AMERICAN CREE |
Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 10:24pm
| My boats in for repairs at the moment...... does that make me "one of those" oh boy........ this thread has turned seriously weird......hardingofwellies has gone from "mr inocent" to a dealer i still wonder where he gets his stuff from? "puff the magic dragon" hmmmm? |
Posted By: ancient mariner
Date Posted: 12 Mar 2010 at 10:29pm
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Ok, the purchaser has the product for a month before contacting you, that in itself seems strange. Isn't the law that you need to stand behind a product for 30 days (consumers act)?
Seems the item was fully functional when the buyer took possession, and has since crapped out. That is the risk of buying second hand. If I bought a reel off a forum member, then shagged it on first use, would the seller be liable to refund? I wouldn't expect so and certainly wouldn't be chasing him for monies or repairs! I see no problem here, buyers loss. |
Posted By: Muppet
Date Posted: 12 Mar 2010 at 10:30pm
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Dealer or not doesnt really matter he clearly states it was second hand and that is always risky buying IMO. Warranty is long gone surely??
The guy paid what 1300 odd for a second hand unit why did'nt he buy a new one instead??
I gotta ask that question first TBH.
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Posted By: Muppet
Date Posted: 12 Mar 2010 at 10:30pm
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At $1 reserve too! |
Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 10:38pm
yeah but he touted it here as a private seller (see post number #1), feedback says dealer of some sort... does not do alot for his credibility in my humble opinion.......
Yeah whatever its just a marketing technique no one will ever get it for $1 |
Posted By: Transformations
Date Posted: 12 Mar 2010 at 10:45pm
TV MUST BE REALLY SHYTE TONIGHT TOO  LEAVE THE PO0R MAN TO HIS CAN OF WORMS  ------------- We don't know what we don't need till we've got it |
Posted By: NZ_Nitro
Date Posted: 12 Mar 2010 at 10:59pm
| lol oh it tis it tis 7 steinies down now.............. |
Posted By: Softbaiter
Date Posted: 13 Mar 2010 at 5:56am
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i think the general consensus is tell him to naf off
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Posted By: Panga
Date Posted: 13 Mar 2010 at 10:05am
And yes as a car dealer I get this sort of thing all the time, sometimes the customer has damaged the vehicle and sometimes its a legitimate fault, Andrew if this makes it as far as the tribunal you have the right to have this unit inspected by someone of your choosing, which may offer some more clues as to the actual fault and the cause of it.
You have offered what you think is fair and the purchaser wants more, at this point you need to put your offer in a recordable format and start a paper trail that shows you have tried to remedy the situation.
The worst case scenario is that this goes to the tribunal in a couple of months and you have to give him his money back, its possible that the tribunal may not take on the complaint or the buyer may not push it that far.
At the end of the day only you know if the unit was in good nick or not. ------------- I ONLY FISH HANDMADE KOJAK CUSTOM RODS. |
Posted By: big blue
Date Posted: 13 Mar 2010 at 10:36am
| I had a friend, well no not a friend an aquantance buy a fish finder off me, taken off my boat in good working order and he's taken it home and put it on his boat, but putting wires around the wrong way and frying it, then came back to me for his money back, was lucky for me the other guy that was there told me about the mistake so he was told to naff off!!!!..................that was three days so it seems a bit odd for the guy to come back so late in the day and say its faulty in my eyes......... |
Posted By: red89mx
Date Posted: 13 Mar 2010 at 10:40am
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Andrew Have held off putting my oar in as the thread seemed to get off track at times. Firstly - I want to thank you for all the advice and help you have given me over the last year, and the odd product. You commonsense advice for FF's and smaller Macs/Pontoons is some of the best on FN. Reviewing this thread I think you have received some good guidance from the likes of Panga etc who look like thay have been through similar before. My summation. 1. I know you have a day job ....but you will likely be held to be a trader in FF's and marine bits (volume on TM) if this goes further. 2. Given the value - not worth lawyering up (hence the post here) . Worst case is the small claims court awards full price to buyer. 3. Suggest you document evertything now (as per Panga), whilst all fresh. Would be good to get a signed document from your work colleague re the units condition on removal. 4. I would keep the offer of 50% open and get buyer to choose this or small claims. If you are confident re the condition then this is a very reasonable offer. (If I were a buyer and had not considered that i had broken the unit....then clearly I would hold a different view). The time period and doubt re what could have damaged the unit would seem to be in your favour. 5. I would ring ENL and have a chat if possible (there may be privacy concerns - and you may need to get the buyers release) A the end of the day if you want this to go away quickly then the simplest option is to refund the full amount on receipt of the FF back and your inspection. Then chalk it up as an expensive learning curve......the real question is how do you stop this happening in the future? If this is the first time this has happened then I think you are doing well, and obviously have been a good private "trader". |
Posted By: Panga
Date Posted: 13 Mar 2010 at 11:28am
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The easiest way to stop this sort of thing happening is to offer a 30 day warranty on electronics you sell, of course buyers would have to have them installed professionally for this warranty to be valid.
Advertising something "as Is" or with no warranty is no protection if you are deemed to be a trader.
There is no specified time limit for people to complain or find fault with a product you sell, it all comes down to reasonable expectation. And your buyer could reasonably expect a longer usable product life than one month.
Your offer of a partial refund is in no way an admission of guilt, NEVER tell a buyer to naff off or anything similar, if your negotiations reach a stalemate, politely tell the buyer in WRITING that you believe that third party mediation is required to reach a satisfactory conclusion.
In my business I always seek to rectify things before it gets to this stage ,but its not always possible to keep everyone happy.
The good news is lawyers arent involved with tribunal hearings.
------------- I ONLY FISH HANDMADE KOJAK CUSTOM RODS. |
Posted By: MarkE
Date Posted: 13 Mar 2010 at 11:56am
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I think the most important thing is to get the FF returned so YOU can get it inspected - DONT refund anything until you find a genuine fault (You are well within your rights to request this) Hell, the guy could easily be just trying to scam you for more money....I get with the odd customer of mine saying their car bodykit "doesnt fit, I want my money back" I respond with "no problem, send it back as I have a mate with the same car so i'll check it on his car - If indeed youre correct i'll refund shipping costs plus the cost of the kit"
Never had a return yet  ------------- Sea Strike 18' Centre Console - Under Construction.... http://www.fishing.net.nz/asp_forums/sea-strike-18-build-thread_topic87723_page1.html" rel="nofollow - Build Thread here |
Posted By: ChrisW
Date Posted: 13 Mar 2010 at 12:21pm
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Hmmmm, interesting reading!
I wonder how this might reflect on fishing rods sold on TM that are broken whilst fishing? ------------- give it death! |
Posted By: Muppet
Date Posted: 13 Mar 2010 at 12:34pm
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Depends how they break Chris surely?
Seen some right dumbo's in the local tackle shop trying to blame the gear instead of their own stupidness for breakages and I can't stand that, I would say most that happen are the users fault.
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Posted By: NZ_Nitro
Date Posted: 13 Mar 2010 at 2:57pm
| lets not forget he was not very honest with the first post, he is working as a shop..... user name "reseller" speaks volumes yes he should get it back for inspection, if its a faulty product refund the guy |
Posted By: SaltyC
Date Posted: 13 Mar 2010 at 3:05pm
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yep I hope he is paying tax as well as he has just drawn quite a lot of attention to his online trading and pretty obvious from his sales history that he is buying with the intention of resale. Any IRD inspectors watching? |
Posted By: NZ_Nitro
Date Posted: 13 Mar 2010 at 4:48pm
So where does he get the old gear from? I suspect he is a boat dealer offering trade-ins on old marine electronics? Brings to mind also a second hand dealers licence!!?? |
Posted By: red89mx
Date Posted: 13 Mar 2010 at 5:52pm
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NZ Nitro and others
Andrew is a respected member of the FN community who has helped many of us out with advice and support in the past.
I know for a fact that he is not a boat dealer and has a "suit" job in central Wellington.
Given the help and contribution Andrew has provided I find it difficult to "sit on my hands" when I see posts that I construe as cheap shots on another forum members integrity without evidence.
I realise that a thick skin is required when using these forums and suspect other members (and Andrew himself) have refrained from responding to avoid blowing this up further.
It would be helpful if posters kept a bit more to topic and tried to keep it less personal.
Apologies all for having such a thin skin....did not get out fishing today. |
Posted By: SNOWKIWI
Date Posted: 13 Mar 2010 at 7:08pm
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"NZ Nitro and others
Andrew is a respected member of the FN community who has helped many of us out with advice and support in the past.
I know for a fact that he is not a boat dealer and has a "suit" job in central Wellington.
Given the help and contribution Andrew has provided I find it difficult to "sit on my hands" when I see posts that I construe as cheap shots on another forum members integrity without evidence.
I realise that a thick skin is required when using these forums and suspect other members (and Andrew himself) have refrained from responding to avoid blowing this up further.
It would be helpful if posters kept a bit more to topic and tried to keep it less personal.
Apologies all for having such a thin skin....did not get out fishing today."
Alan, I think you are being a bit harsh here! This is a "discussion" forum, and as far as I can see, the majority of the comments from those entering into the discussion, and offerring their "opinions", are mostly in support of Andrew. It would be a bit one sided if we did not have the "pros"and the "cons" represented in the discussion, which in my humble opinion, gives us all more to think about, should we ever be in a similar situation! ------------- http://www.legasea.co.nz" rel="nofollow"> It is to be observed that 'angling' is the name given to fishing, by people who can't fish. |
Posted By: NZ_Nitro
Date Posted: 13 Mar 2010 at 7:37pm
"Andrew" chose to come onto this forum and post about this, his description was less than honest and im my opinion he has been caught out....... Answer this then, where does he get all the fishing gear he sells? he has a source of second hand gear he is flicking off on TM, and he has done it for quite a while, when I was selling heaps on TM we were importing $1000s of gear from China and had to cover everything we sold, what anoys me with this is the way he has been dishonest in his original post at the start |
Posted By: NZ_Nitro
Date Posted: 13 Mar 2010 at 7:41pm
So if you got it for "nix" in your words why not refund the trader who brought it off you? I would sugest you made a tidy profit on this unit |
Posted By: flyfisher
Date Posted: 13 Mar 2010 at 8:23pm
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Some valuable advice, due to the ambiguity and reading both sides of the discussion have decided to refund buyer in full. Some good lessons learned. Thanks fellas, esp Panga, Fisher and RedMx. The PM'd info was very helpful. Off to get some sleep... 5 day old baby = no fishing and did I mention no sleep?... Tightlines ------------- https://www.youtube.com/user/troutboynz |
Posted By: NZ_Nitro
Date Posted: 13 Mar 2010 at 8:32pm
| well done, now how to avoid it in the future? |
Posted By: STEVIE WONDER
Date Posted: 13 Mar 2010 at 8:56pm
Well done HOW you doing the right thing even if it's hurting your pocket.Think of someone else who could have lost a lot of money and i'm sure you're a good kiwi bloke like it use to be.Bur do check out out the FF the other guy could have been acting mala fide as well.Cheers  ------------- ONLY WHEN THE LAST TREE HAS DIED AND THE LAST RIVER BEEN POISONED AND THE LAST FISH BEEN CAUGHT WILL WE REALISE THAT WE CANNOT EAT MONEY. NATIVE AMERICAN CREE |
Posted By: Uncle
Date Posted: 13 Mar 2010 at 9:35pm
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Good on you Andrew.
I just caught up with this little saga & was a tad concerned with some of the accusations.
However, at this time all is nice & tidy so I think it's time to put the subject to sleep.
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