Buyer Dispute

Neither tweeter was working? It is highly unlikely that they were both working prior to shipment and both were rendered inoperable during shipping. In short, there is no guarantee that is the problem. The seller is responsible for delivering operable speakers, you accepted the offer of replacement tweeters but for whatever reason, the seller hasnt been able to fulfill his/her obligation. If the tweeters come in, you install them and they dont work, what next? New crossovers?

I would ask the seller for a full refund.

@kirbymydog you have been so patient…you have displayed good faith. I would ask for a full refund and move on.

Definitely dispute through Paypal without delay.

This smells, I would ask for a refund. If he balks, I would explain your next action would be to contact the store owner and immediately open a dispute with Paypal.

@kirbymydog 

A good idea. The sale was not sanctioned by the store. It was more of a private sale. The seller just happens to work at the authorized B&W store which allows him to submit a warranty claim.

OP, why do you assume you are getting the straight story on the origin of the speakers? Could they have been faulty returns to the store where the employee thought he had them fixed and bought them from the store himself. Second, sometimes you have to squeeze to encourgae people to do the right thing. For instance, if you have written proof where he was stating that he would breach B&W warranty terms, you own him and the dealer. I assure you, the employee nor the dealer want you to escalate this to B&W corporate. Somebody will get fired and someone else may lose the line.

@kirbymydog 

You are being very kind and patient, HOWEVER, you need to recognize that it is hard to have two faulty tweeters go bad in shipping. The guy is lying to you. What could possibly have caused both to stop working? An thermonuclear electromagnetic pulse. I predict that 6 or 7 months of effort to get a pair of tweeters will result in the discovery that isnt your problem. Then you are going to need crossovers. Another 6 or 7 months go by and then you might have a pair of working speakers. Its your deal though, best.

A lesson for us all…if it arrives DOA you should consider un-ringing the bell immediately.

Absolutely I would have a conversation with the dealer and the seller. Be extra nice but communicate that all you wanted were working speakers, as advertised by his employee. Communicate that you gave the seller the benefit of the doubt as well as a nauseatingly lengthy amount of time to remedy the problem. Explain that the seller represented his employment with the authorized dealer as evidence of his credibility. You extended the credibility because the dealer is a legitimate B&W dealer. If there is a representation problem, it actually exists between the seller and his employer as it wasn’t you who made the inference.
 

Now, explain that you are a man of principal and that you arent going anywhere. The last point is the one that usually results in a satisfactory resolution. Explain that you have no issue whatsoever with the idea of spending $100,000 in legal fees if they force you to chase this to ground. Its the principal of the matter.

@geof3 @kirbymydog 

frankly a partial refund and calling it good is to me even more dangerous. Are you absolutely sure two new tweeters are your problem? Sure the crossovers arent faulty/damaged? Have you asked yourself if the tweeters didnt magically both get damaged in shipping, what could have caused them both to fail? Are you certain that woofers weren’t damaged? Have you checked the output from the crossovers?

The moment you accept are partial refund, its your problem from there on, no recourse, no seller responsibility. Its your money but you are looking for an end to your problem when the course of action involving a partial refund may be just the beginning. We arent talking about addressing a cosmetic issue, they are inoperable and the solution you suggest is no guarantee it will be solved.

Hope its the solution but be sure to let the seller know the tweeters might be the cure but they might also just be a symptom and that the seller's responsibility is a set of working speakers.

@kirbymydog 

Hoping for a positive outcome for you. You have been too nice, too understanding and too flexible and by doing so, it ran out the clock for your remedies. The seller was and is behaving inappropriately in this transaction. You should only purchase in the future from nice people like yourself. You may miss a deal here or there but you won't have to erode/suspend your character or who you are in the process. Best wishes.

@arrowheadrss ok fine. Speakers sometimes break in transit. One or both....ok. Tweeters only....ok

Its all white noise. The seller owed @kirbymydog working speakers delivered to him in working order. They didnt partner up and share the repsonsibility of delivery, the seller contracted for the delivery and it is the sellers responsibility to ensure they get there operable. If he didnt accept that responsibility solely, he could have sold them as is where is and had the buyer arrange for shipping.