Buyer Dispute


I would like to have some opinions of a remedy for this issue:

I purchased a pair of B&W 804D3 loudspeakers through Audiogon in August 2021. They were shipped in original containers by freight. The boxes arrived damaged with some holes in the boxes, but no damage to the speakers accept for one very small spot, which could be repaired with a drop of stain. However, neither tweeter was functioning. A multimeter revealed an open circuit across both voice coils. The seller said that they worked before shipping but offered to send me replacement tweeters under the previous owner' warranty which I agreed to. However, and here is the rub; Because of supply chain issues, Bowers and Wilkins did not, and still does not have the tweeters in stock. I have been waiting 6 months for the seller to provide the replacements from B&W, but they continue to be out of stock. In short, I paid nearly $7,000 in August 2021 for speakers that I still cannot listen to.

Any opinion on a path to resolution?

 

kirbymydog

Can’t believe some of the comments. Seller advertised working speakers. You received non-working speakers. I’m skeptical like many others that shipping caused both tweeters to fail. But it doesn’t matter, shipping damage is the seller’s problem, not yours. You paid to receive working speakers, as advertised.
 

Seller should have paid for return shipping, ordered new tweeters, had them installed himself, and put the speakers up for sale again, with the ad stating tweeters had been replaced.
 

By offering only to pay for new tweeters, the seller did not take into consideration your extended wait time to receive new tweeters, the possibility that more extensive repairs are needed if the new tweeters fail, and your time and effort to do the repairs yourself. For all that hassle, you are owed a partial refund. So, seller should have give you two options - return broken speakers for a full refund or a negotiated partial refund for your time, effort and risk in taking on the repair of the speakers yourself.
 

If I were you, I would be pissed and pursue an acceptable remedy, because as things stand the seller has ripped you off. 

 “These speakers were purchased from my local dealer new in May 2020.  They are in perfect condition and are an amazing pair of speakers.  I decided to upgrade them to the store's demo pair of 802's.  The store personnel delivered and set them up originally, and they returned to box them back up for resale”.

This sounds to me like a guilty seller providing an "excuse" prior to the sale. Maybe I am just suspicious, but it  paints a picture that is meant to preclude the complaint he knew would follow the sale.

I would file a complaint immediately and demand a refund with interest.

I asked to return them for refund several times. His last response was:

I'm not willing to do anything else.   I do not feel responsible for the backorder of parts.  You are free to purchase tweeters on your own and I'll still swap the other ones which you can resell later

@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.

Did he tell you they were covered by manufacturer's warranty? You can't expect him to be involved if some problem should arise in the future within the warranty period.

Some manufacturers only honor the warranty for the initial purchaser. They work with their dealers to resolve the problem. IMHO if something is DOA, you get a full refund and seller pays shipping both ways. Warranty or not. 

Personally, I would not buy something at this price level without some dealer involvement, even if he is selling it on consignment for someone, you have an assurance that everything is in working order. It's worth the extra 20% for the peace of mind. 

Better yet, if possible, buy things that are within driving distance so you can check them out and drive them home yourself. Also avoid any possible shipping damage.