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Am i being unreasonable ?
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BBS SPY
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Member Since: 15 Jun 2007
Location: Sunny Cyprus
Posts: 3054

Cyprus 2005 Discovery 3 TDV6 Base 7 Seat Auto Bonatti GreyDiscovery 3
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
  
Post #103307311th Jan 2013 7:25 pm
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Discotres
 


Member Since: 25 Jan 2010
Location: London
Posts: 8491

Scotland 2009 Discovery 3 TDV6 GS Manual Stornoway GreyDiscovery 3

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. Thumbs Up

You don't have a leg to stand on, it was his property Wink

I'm sure he will like the new better one you will have to replace it with Laughing
  
Post #103307711th Jan 2013 7:30 pm
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DSL
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Member Since: 11 May 2006
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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 7:35 pm. Edited 1 time in total 
Post #103307811th Jan 2013 7:33 pm
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NJSS
 


Member Since: 06 May 2009
Location: Catherington, Hampshire.
Posts: 9633

United Kingdom 2016 Discovery 4 3.0 SDV6 Landmark LE Auto Waitomo GreyDiscovery 4

Colin

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 7:36 pm. Edited 1 time in total 
Post #103308011th Jan 2013 7:34 pm
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dangerdave
 


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Post #103308211th Jan 2013 7:36 pm
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DSL
Keeper of the wheelie bin 


Member Since: 11 May 2006
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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
  
Post #103308311th Jan 2013 7:37 pm
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NJSS
 


Member Since: 06 May 2009
Location: Catherington, Hampshire.
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DD

Which law applies?

Cyprus, UK ???

NJSS
 Am 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. 
 
Post #103308611th Jan 2013 7:37 pm
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DSL
Keeper of the wheelie bin 


Member Since: 11 May 2006
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Ukraine 

And is that specified in the T&Cs?
  
Post #103308711th Jan 2013 7:38 pm
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Discotres
 


Member Since: 25 Jan 2010
Location: London
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Scotland 2009 Discovery 3 TDV6 GS Manual Stornoway GreyDiscovery 3

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 Wink Thumbs Up
  
Post #103309011th Jan 2013 7:43 pm
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geoff.
 


Member Since: 24 Jan 2010
Location: West kent
Posts: 8531

England 

Dont think i would have the balls to ask for it back 3 and a half years later Shocked


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 Rolling with laughter Rolling with laughter I know what i,d be telling him. Censored OFF Thumbs Up
  
Post #103309111th Jan 2013 7:44 pm
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Discotres
 


Member Since: 25 Jan 2010
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Ooops, thought it was you Geoff Embarassed Just trying to help Rolling with laughter
  
Post #103309211th Jan 2013 7:45 pm
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geoff.
 


Member Since: 24 Jan 2010
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Rolling with laughter Rolling with laughter Thumbs Up
  
Post #103309311th Jan 2013 7:45 pm
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DSL
Keeper of the wheelie bin 


Member Since: 11 May 2006
Location: Travel itch presently being scratched. :-)
Posts: 71015

Ukraine 

Any hints as to who it is? Is he current or long gone?

Not me, wouldnt know what to do with it. Embarassed
  
Post #103309411th Jan 2013 7:47 pm
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aljo
 


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Post #103309511th Jan 2013 7:50 pm
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DG
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Member Since: 12 Dec 2005
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Wales 

NJSS wrote:

Which law applies?

Cyprus, UK ???


EU Razz
 19 year 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  
Post #103309611th Jan 2013 7:51 pm
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