On 1/26/2010 at 9:11AM I (username: admiralman) posted an entry onto a motorcycle forum that I often frequent (www.zx14ninjaforum.com). This entry stated that I wanted to buy (WTB) a set of side panels (referred to in ZX14 circles as “Foreman Grills”) from another member. I was specific in my post stating the color that I was looking for was “Flat Black”.
On 2/2/2010 at 2:31PM a member identifying themselves as username:alaskarider stated that he had a pair that he would sell me for $50 including shipping and would accept payment via PayPal.
These statements are irrefutable per Exhibit 1 here
I contacted alaskarider utilizing the Private Messenging (PM) system employed on the forum website with the following email:
From: "admin@zx14ninjaforum.com" <admin@zx14ninjaforum.com>
To:
Sent: Tue, February 2, 2010 3:49:01 PM
Subject: Private message from zx14ninjaforum.com member admiralman
In response to your foreman's that are for sale...I just wanted to verify a couple of things. They are flat black...correct? Additionally, are there any scratches on them?
To which alaskarider responded:
From alaskarider (I replaced his email address)
dateTue, Feb 2, 2010 at 11:58 PM
subjectRe: Private message from zx14ninjaforum.com member admiralman
mailed-byyahoo.com
signed-byyahoo.com
hide details Feb 2
they are flat black and no scratches. I'll tell you what, I will post some close up photos tomorrow night.
In the meantime, after alaskarider contacted me about my post he created his own post on 2/2/10 at 4:36PM advertising the sale of “Black Foreman Grills” per Exhibit here
I looked at the photos that were posted on the forum and from what I could tell from the photo everything that alaskarider said in his previous emails were true and I sent him the payment via email on 2/4/2010 at 9:16AM and informed him of the payment. Subsequently at 9:33AM the same day he informed me that he would get them in the mail at lunchtime.
On 2/6/2010 I sent him an email asking if the product was in the mail to which he responded that in fact he had not yet sent it due to another issue but would get it out that day.
I received the tracking information for the package on 2/6/2010 and received the actual product on 2/8/2010. I took them out of box and from the initial look they appeared to be as advertised and set them aside.
I didn’t have a chance to get back to them until 2/12/10 at which time I washed them to remove some road grime and installed one onto my motorcycle. At this time I realized that these were not FLAT BLACK but rather a Satin and did not match my motorcycle as expected. Not being sure if I may be in error I contacted a few other members on the forum to verify that the “FLAT BLACK” panels should in fact be “FLAT BLACK” and match my motorcycle frame perfectly. They verified that was the case. This verification process took a few days due to some problems I had with the forum’s messaging system. On 2/18/2010 I sent a PM to alaskarider and did not hear a response and thought I should also send an email due to previous PM problems. This is the email I sent:
From Chris Mancini
To alaskarider (I replaced his email address)
dateThu, Feb 18, 2010 at 8:18 AM
subjectRe: Private message from zx14ninjaforum.com member admiralman
mailed-bygmail.com
hide details 8:18 AM (5 hours ago)
Allen,
I sent you a PM from the forum this morning. I have had problems with the PM system so I am duplicating that message herein.
Basically, I received the foreman grills you sold me and cleaned them up prior to putting one on my bike. There was some road grime on them...no biggie. Quality wise, the grills were as advertised with the small ding you mentioned that should not be noticeable once installed. However, I instantly noticed that the grills were not Flat Black but were satin and had a higher sheen than what I was expecting. As I mentioned in my PM, I wouldn't normally request to return them for a refund but my post specifically requested the FLAT black foremans to which you responded is what you had. With that, are your willing to accept these as a return and refund me the $50 I paid for them and I will pay for the return shipping as you initially paid to send them to me? Please let me know as soon as possible so that we can resolve this issue. Thanks.
Chris
From there, several emails were exchanged stating inaccuracies on his part. For instance, this once which the snapshots clearly refute:
from alaskarider (I replaced his email address)
to admiralman (replaced)
dateThu, Feb 18, 2010 at 9:11 AM
subjectRe: Private message from zx14ninjaforum.com member admiralman
mailed-byyahoo.com
signed-byyahoo.com
hide details 9:11 AM (4 hours ago)
remember Chris you responded to my posting of grills for sale. I posted the photos. I didn't respond to your posting.
My response to this was the following and the attachment was Exhibit 1.
I beg to differ...you responded to my post on Feb 2nd stating that you had what I was looking for which were in fact FLAT BLACK FOREMAN GRILLS. Reference the attached snapshot. Additionally, when I sent you an email asking if they were in fact Flat Black you responded that they were. See the below email from 2/2. Yes, you did post pictures on the forums but I think you can agree that it is rather difficult to tell the difference between satin sheen black and flat black on a picture such as that. I took your word for it in the email below. As far as it taking a few days, I wanted to make sure that these were in fact not the flat black version before I asked for the return. I have never seen the flat black versus the satin sheen black in person so I wanted to verify that these were in fact not flat black before I approached you. I confirmed with a few members that the flat black should be the same color as the frame. I'm willing to write this off as a simple mistake if you are and am trying to be as civil and compromising as possible.
After a few more back and forth the following email shows that he “self admittedly” did not know what he was selling and the responsibility fell on my to determine via a posted picture if they were “FLAT Black” even after I specifically asked up front in the first email:
From alaskarider (I replaced his email address)
To admiralman (replaced)
dateThu, Feb 18, 2010 at 11:27 AM
subjectRe: Private message from zx14ninjaforum.com member admiralman
mailed-byyahoo.com
signed-byyahoo.com
hide details 11:27 AM (2 hours ago)
If you the buyer are unable to tell the difference after a week, how the heck do you think I can tell what you want. They look flat black to me. that is why I posted the photo. So there would be no question.Think about it. you couldn't tell from a close up photo. you couldn't tell from examining it upon receipt. so it sounds like you didn't know what you wanted. if you did you could have knownfrom the photo.
But think about it from my side. I posted a photo and sent you what I posted. After the sale you requested I send it with a tracking number which meant I had to go to the post offffice. It cost about 12 bucks to send it and about a gallon of gas. now you want me to refund the 50 clams because even you couldn't tell what shade of black you wanted until you waited a week. No refund. I sent the grills I posted. I am not screwing with this any further. I am sorry you aren't happy but I did what I promised to do.
So, basically I was willing to work to make this thing right and set things square for the both of us. The only money we would be out would be the $12 to ship the item and the gas to get to the Post office. Unfortunately, even though he made the mistake of not knowing his product he was not willing to budge. With that I would highly suggest if you plan on buying from this guy be prepared for the worst.
Caveat Emptor people.
Finally, I have no choice but to put this issue in dispute with my credit card company.
* Last updated by: admiralman on 2/18/2010 @ 2:15 PM *
2005 Triumph Rocket III