Home · Register · Search · View Winners · Software · Hosting · Software · Join Upload & Sell

Moderated by: Fred Miranda
Username   Password

  New fredmiranda.com Mobile Site
  New Feature: SMS Notification alert
  New Feature: Buy & Sell Watchlist
  

FM Forums | Forum & Miscellaneous | Join Upload & Sell

  

Dispute with another FM member over trade.
  
 
mjbetch
Offline
• •
Upload & Sell: On
p.1 #1 · p.1 #1 · Dispute with another FM member over trade.


So back in March, I traded my Sigma 35mm Art Nikon mount for another user's Fuji 23mm XF mount plus $50. I inspected the lens before I shipped and found no issues with it at all.

Upon receipt from the other member, he showed me that there was a hair in the rear element. I didn't see it when I shipped it but accepted the fact anyways. We agreed to have it shipped out to Sigma for a repair estimate and/or repair. He said he would get back to me as he was having some issues and that it should be sent out soon.

Fast forward to now. It's been a little over 5 months. I have now been contacted for the repair/estimate. I have some personal things going on at the moment and don't have the money I did before to cover the repair or even half of it. How do I know I'm not paying for something else that has happened within the 5 months?

He said Sigma is quoting $250 to look at it, and extra to repair. His local repair shop is quoting $200 to repair. I don't have that money to shell out. I can barely spend $100 but I feel that would at least be fair given the time in between now and the initial receipt. I mean I never said I would provide a warranty...

Any advice?

BTW, I'm not saying either of us is right or wrong. Just looking for a 3rd party opinion.



Aug 21, 2014 at 04:21 PM
jcolwell
Online
• • • • • • •
Upload & Sell: On
p.1 #2 · p.1 #2 · Dispute with another FM member over trade.


Well, you could reverse the deal. Take back the Sigma and send him the Fuji plus $50.


Aug 21, 2014 at 04:59 PM
mjbetch
Offline
• •
Upload & Sell: On
p.1 #3 · p.1 #3 · Dispute with another FM member over trade.


We both want to keep the lenses so I'm not sure if that would happen.


Aug 21, 2014 at 06:05 PM
TMaG82
Offline
• • •
Upload & Sell: On
p.1 #4 · p.1 #4 · Dispute with another FM member over trade.


5 months seems like an awfully long time to wait before getting back to you. 1 week fine, 2? I could see that. But 5 months is a long time that additional issues could have come up between that time.


Aug 21, 2014 at 09:01 PM
PatrickE
Offline
• •
Upload & Sell: On
p.1 #5 · p.1 #5 · Dispute with another FM member over trade.


TMaG82 wrote:
5 months seems like an awfully long time to wait before getting back to you. 1 week fine, 2? I could see that. But 5 months is a long time that additional issues could have come up between that time.


+1



Aug 21, 2014 at 09:31 PM
mjbetch
Offline
• •
Upload & Sell: On
p.1 #6 · p.1 #6 · Dispute with another FM member over trade.


TMaG82 wrote:
5 months seems like an awfully long time to wait before getting back to you. 1 week fine, 2? I could see that. But 5 months is a long time that additional issues could have come up between that time.


That's what I'm saying. I mean he is active military and he was re-stationed... but you could at least give me an update every so often.




Aug 21, 2014 at 09:41 PM
drive_75
Offline
• • •
Upload & Sell: Off
p.1 #7 · p.1 #7 · Dispute with another FM member over trade.


If you didn't establish a date that it must be done the you need to keep your agreement.


Aug 21, 2014 at 11:47 PM
jcolwell
Online
• • • • • • •
Upload & Sell: On
p.1 #8 · p.1 #8 · Dispute with another FM member over trade.


TMaG82 wrote:
5 months seems like an awfully long time to wait before getting back to you. 1 week fine, 2? I could see that. But 5 months is a long time that additional issues could have come up between that time.

mjbetch wrote:
That's what I'm saying. I mean he is active military and he was re-stationed... but you could at least give me an update every so often.


I'd expect a quotation from Canon Canada within a week of arrival (at most, it's usually one day). The dim outskirts of my memory vaguely recalls posts about Sigma service that suggest they're not as fast as Nikon. Five months might be about right.

Regardless, have you offered to send him the $100?

P.S. do your original photos include a shot through the rear element? Just askin'



Aug 22, 2014 at 12:46 AM
Danpbphoto
Online
• • • • • •
Upload & Sell: On
p.1 #9 · p.1 #9 · Dispute with another FM member over trade.


jcolwell wrote:
Well, you could reverse the deal. Take back the Sigma and send him the Fuji plus $50.


This may be case that you bite the bullet and get out now! If this person cannot respond to you in a normal period of time, within 14 days, his business ethics are crap!! And his common courtesy is less!
With this period of time gone, everything he sez is "hearsay" anyway.

Jim is correct..
Dan

PS Yes I see he is active military but they have computers 24/7 now and phones 24/7....yeah I would give they person some leeway because he is a service man but there are limits!!!!






Aug 22, 2014 at 03:33 PM
 

Search in Used Dept. 



mjbetch
Offline
• •
Upload & Sell: On
p.1 #10 · p.1 #10 · Dispute with another FM member over trade.


drive_75 wrote:
If you didn't establish a date that it must be done the you need to keep your agreement.


I see where you're coming from. I guess even if he asked 10 years from now, I would still have to honor it since I said so right?

jcolwell wrote:
I'd expect a quotation from Canon Canada within a week of arrival (at most, it's usually one day). The dim outskirts of my memory vaguely recalls posts about Sigma service that suggest they're not as fast as Nikon. Five months might be about right.

Regardless, have you offered to send him the $100?

P.S. do your original photos include a shot through the rear element? Just askin'


Have not offered yet. I don't remember actually. I think I did but not as detailed I can see it going both ways of who is at fault. Shouldn't the buyer ask specific questions and ask for more pictures? I know I do.



Danpbphoto wrote:
This may be case that you bite the bullet and get out now! If this person cannot respond to you in a normal period of time, within 14 days, his business ethics are crap!! And his common courtesy is less!
With this period of time gone, everything he sez is "hearsay" anyway.

Jim is correct..
Dan

PS Yes I see he is active military but they have computers 24/7 now and phones 24/7....yeah I would give they person some leeway because he is a service man but there are limits!!!!



Yeah, I don't know. I feel bad, but at the same time, why didn't I get any type of communication within those 5 months? I understand if he kept me posted every few weeks about his status and the next plan of action but I didn't get anything.



Aug 22, 2014 at 05:26 PM
lara_ckl
Offline
• •
Upload & Sell: On
p.1 #11 · p.1 #11 · Dispute with another FM member over trade.


Ideally, there should have been an explicit "returns" period. Absent that, 2 weeks would be reasonable. 4 weeks in extremis. 5 months, especially, as I understand it, with no communication, is way too much.

Maybe if his commanding officer can vouch that he was hurriedly sent off on secret off-the-grid duty.



Aug 22, 2014 at 08:41 PM
mjbetch
Offline
• •
Upload & Sell: On
p.1 #12 · p.1 #12 · Dispute with another FM member over trade.


lara_ckl wrote:
Ideally, there should have been an explicit "returns" period. Absent that, 2 weeks would be reasonable. 4 weeks in extremis. 5 months, especially, as I understand it, with no communication, is way too much.

Maybe if his commanding officer can vouch that he was hurriedly sent off on secret off-the-grid duty.


I agree. I just thought it was implied already of something along the lines of a couple weeks to even a month is reasonable. I just forgot about it honestly.



Aug 22, 2014 at 09:07 PM
unclechuck
Offline
• • •
Upload & Sell: On
p.1 #13 · p.1 #13 · Dispute with another FM member over trade.


For what it's worth:

A case in point of why deals should have clear deadlines; ie same day /one day/ etc, etc for inspection and approval to confirm condition and function.

That said, here's my two cents:

"I want to to fair; but this is awkward. No word for months."

"I was ready to fix it and had the money to do it. Months go by with no word --- now you want to keep the lens, you just want it fixed. I want to work with you, but could you please explain why the delay and also, since I can't afford to fix it right now, why the simplest solution at this point isn't just to reverse our deal?"

Good Luck!



Aug 22, 2014 at 09:42 PM
jbregar
Online
• • •
Upload & Sell: On
p.1 #14 · p.1 #14 · Dispute with another FM member over trade.


Five months is a long time. Of course, if you were serious about helping him out, you really should have followed up as well.


Aug 23, 2014 at 12:43 AM
nolaguy
Online
• • •
Upload & Sell: On
p.1 #15 · p.1 #15 · Dispute with another FM member over trade.


Legally and customarily there is considerable onus on the dissatisfied party to act in a timely fashion. If I were him, after a month (or two at most), I would feel like I'd made my bed and accept the transaction as complete and satisfactory.

Offering to reverse the deal is generous on your part. Nevertheless, if you can't afford to make the lens right, to protect my Buy/Sell feedback I'd try to insist on returning each other's goods plus the 50 and call it a day.

If he refuses and slams you on the Buy/Sell evaluation, take it up with Fred (Fred may throttle me for that suggestion - I have no idea if he intervenes or not) and/or refer people to this thread.


Regards,

Chuck



Aug 24, 2014 at 12:42 PM
unclechuck
Offline
• • •
Upload & Sell: On
p.1 #16 · p.1 #16 · Dispute with another FM member over trade.


nolaguy wrote:
Legally and customarily there is considerable onus on the dissatisfied party to act in a timely fashion. If I were him, after a month (or two at most), I would feel like I'd made my bed and accept the transaction as complete and satisfactory.

Offering to reverse the deal is generous on your part. Nevertheless, if you can't afford to make the lens right, to protect my Buy/Sell feedback I'd try to insist on returning each other's goods plus the 50 and call it a day.

If he refuses and slams you on the Buy/Sell evaluation, take it up with Fred (Fred
...Show more

Voting +1: Wise Counsel




Aug 24, 2014 at 01:21 PM
drive_75
Offline
• • •
Upload & Sell: Off
p.1 #17 · p.1 #17 · Dispute with another FM member over trade.


mjbetch wrote:
I see where you're coming from. I guess even if he asked 10 years from now, I would still have to honor it since I said so right?

Have not offered yet. I don't remember actually. I think I did but not as detailed I can see it going both ways of who is at fault. Shouldn't the buyer ask specific questions and ask for more pictures? I know I do.


Yeah, I don't know. I feel bad, but at the same time, why didn't I get any type of communication within those 5 months? I understand if he kept me
...Show more

I see now, it's communication problem wit you.



Aug 24, 2014 at 09:01 PM
BenV
Online
• • • • •
Upload & Sell: Off
p.1 #18 · p.1 #18 · Dispute with another FM member over trade.


5 months, it's your problem now. I honestly wouldn't respond to something that long ago. I sent an item to Sigma, within 3 days they had it and contacted me. 5 months there's no excuse.


Aug 25, 2014 at 02:44 PM





FM Forums | Forum & Miscellaneous | Join Upload & Sell

    
 

You are not logged in. Login or Register

Username   Password    Reset password