Member Since: 15 Jun 2007
Location: Sunny Cyprus
Posts: 3054
Am i being unreasonable ?
Back in the early months of 2009, nearly four years ago, BBS supplied an D3 SV extreme based system to a member here. I don't know the discount rate but it was likely during our initial introductory offer
4 Months later, in July 2009 they reported some problem and we issued an RMA for the return of the server.
Upon the units return, my staff spent many hours testing the bejesus out of this particular unit but could find no fault with it.
This is not exactly uncommon and in such circumstances we invoice the customer for about 40 Euros to cover our time and effort and of course the return shipping costs.
In this case we e-mail the invoice to the customer, re send it a few days later, phone up leaving messages and finally the number we have is dead.
A year later we still have this hardware sitting on our shelves and so re send a reminder e-mail to him. Six months after, in a clear out we simply decide to dispose of this, break it for parts and cut our losses.
3 and a half years later, without any previous contact about this, the guy contacts us asking the cost to return his hardware like it was yesterday.
We write back telling him it was long since disposed of and now he expects us to replace his MSV-2 at our costs.
I would solicit all members thoughts and inputs on this
Warmest regards
Colin
11th Jan 2013 6:25 pm
Discotres
Member Since: 25 Jan 2010
Location: London
Posts: 8491
It was his property so I think you should replace it, you didn't have any right to cut it up and use the parts, at the very least you should have sent a registered letter to his address, the one you sent the item to and given him notice of your intention.
You don't have a leg to stand on, it was his property
I'm sure he will like the new better one you will have to replace it with
11th Jan 2013 6:30 pm
DSL Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
Posts: 73144
Would depend what's in your T&Cs and whether that scenario has been thought through and dealt with. Otherwise I'd have thought it was his property you have disposed of, assuming he didn't get a refund and you don't have a provision in the contract to offset your claim for €40 by keeping the kit. As with all things like this, I'd want to hear the other side of the story.
Last edited by DSL on 11th Jan 2013 6:35 pm. Edited 1 time in total
I find these two statements somewhat contradictory:-
Quote:
Upon the units return, my staff spent many hours testing the bejesus out of this particular unit but could find no fault with it.
and
Quote:
we [snip] break it for parts
Why if it had been so extensively tested and was found fault free break it for parts?
I don't know who the member is, but I think he deserves a replacement MSV-2, on paying the 40 euros, maybe + interest + storage costs - but i personally would write those off against goodwill.
Sorry.
NJSS
Edited to add I hadn't seen the above two post when I wrote mine - it seems we all agree though - which is unusual!Am I Gammon or Woke ? - I neither know nor care.
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Last edited by NJSS on 11th Jan 2013 6:36 pm. Edited 1 time in total
11th Jan 2013 6:34 pm
dangerdave
Member Since: 23 Nov 2010
Location: <>
Posts: 4495
Admin note: post content removed at user request
11th Jan 2013 6:36 pm
DSL Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
Posts: 73144
It couldn't be sold on as a new unit, unless the buyer accepted it as a second hand unit at the appropriate price. IMHNLO
NJSSAm I Gammon or Woke ? - I neither know nor care.
2016 Discovery 4 Landmark
2011 Mercedes Benz SL350 (R230)
1973 MG B GT V8 - 3.9L John Eales engine, 5 speed R380 gearbox, since 1975.
1959 MGA roadster - 1.9L Peter Burgess Engine - 5 speed gearbox
Past LRs - Multiple FFRs, Discos & a Series I - some petrol, some diesel,
none Electric or H2 fuel cell - yet.
There are 10 types of people in this world: Those who understand binary, and those who don’t.
11th Jan 2013 6:37 pm
DSL Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
Posts: 73144
And is that specified in the T&Cs?
11th Jan 2013 6:38 pm
Discotres
Member Since: 25 Jan 2010
Location: London
Posts: 8491
Ask Martin to dig out the posts you made on here asking him to get in touch, and any PM's you sent him, that way you may be covered a bit, but at the end of the day he was a forum member, you get good business from here, so as a gesture of goodwill it should be replaced ASAP with an apology for destroying his property and maybe a bunch of flowers for his wife or a box of chocolates for his err partner for the inconvenience
11th Jan 2013 6:43 pm
geoff.
Member Since: 24 Jan 2010
Location: West kent
Posts: 8531
Dont think i would have the balls to ask for it back 3 and a half years later
but anyways colin i think you should replace it with a nice shiney new MSV-2 EXTREME D3 multi veh licence and while your at it as a gesture of good will stick the D4 multi licence on it I know what i,d be telling him. OFF
11th Jan 2013 6:44 pm
Discotres
Member Since: 25 Jan 2010
Location: London
Posts: 8491
Ooops, thought it was you Geoff Just trying to help
11th Jan 2013 6:45 pm
geoff.
Member Since: 24 Jan 2010
Location: West kent
Posts: 8531
11th Jan 2013 6:45 pm
DSL Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
Posts: 73144
Any hints as to who it is? Is he current or long gone?
Not me, wouldnt know what to do with it.
11th Jan 2013 6:47 pm
aljo
Member Since: 20 May 2007
Location: west sussex
Posts: 804
nope not me Last night I lay in bed looking up at the stars in the sky and I thought to myself, where,s the f**king ceiling!!
11th Jan 2013 6:50 pm
DG Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50981
NJSS wrote:
Which law applies?
Cyprus, UK ???
EU 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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OFF 
Just trying to help 
nope not me 
