True on most of what you said.  The seller never replaced the original  bad 
tube (as you interpreted) or any of the others.  Bad Taste for the  seller? 
- I didn't make the claim until long after he stopped responding.   Also, 
my claim was for ONE tube (partial claim) (not the entire  transaction); 
however, HE decided to refund the entire auction if I shipped back  - This was 
not my doing.  Also, I later had to prove return shipping.
 
 
You could also argue that claiming 95% good was false advertising on the  
original 6 since 1 of 6 is only 85%. Still deciding on small claims. I would  
have been fine with 5 or even 10 being bad; however, it was twenty-eight 
(28).  He did NOT want to use the FLW kit (as he knew there was issues), and 
many of  the tubes were "obviously" cracked.
 

There is more to the story.  (Specifically that there was no way for  me to 
identify which ones he shipped between the private and the ebay  
transaction as they were batched up for shipping back since he agreed to 
replace  them 
at the beginning.  The fact that he wanted me to file false claims  with 
the USPS as damaged in shipping and having poorly shipped them with zero  
space between tubes and the box, etc etc.)
 
 

The sneaky thing is that he is having a friend sell off the bad ones again  
which is the ONLY reason I decided to post the warning.  (I didn't say  
anything two months ago in the forums when this all happened until this auction 
 came up.)
 

Michail
 
 
 
In a message dated 8/31/2012 5:41:01 A.M. Pacific Daylight Time,  
[email protected] writes:

So let  me see if I understand this correctly.

Out of the original 6 tubes, one  was bad, and the seller replaced it.

Then in another, non-ebay,  non-paypal transaction, a high percentage
of the tubes were bad. Yet  somehow you managed to file a claim with
ebay and paypal and get a refund  on the original 6 tube transaction.

I'm not saying you didn't get  ripped off, but you didn't get ripped
off on the original transaction. The  seller made good on that.

I'm just not sure it's ethical to get a  refund on some of the bad
tubes from the second transaction by claiming  that the tubes in the
original, ebay/paypal/covered transaction were the  bad ones.

Just thinking out loud here. Sorry you got stuck with a bunch  of bad
tubes... maybe your interactions with ebay/paypal left a bad taste  in
the sellers mouth and he decided not to make it right for you.  After
all, this transaction by certified check - outside of ebay/paypal  -
technically leaves him with no contractual obligation to do  so....
you're buying used, unwarranted merchandise in a private  party
transaction.

Of course we've all done it. In fact you and I  have had a few
perfectly fine non-ebay transactions. All went well, even  when one of
my tubes arrived broken at your doorstep. I promptly refunded  your
money, the USPS promptly refunded my money, and everyone came out  OK.
But clearly it's a buyer beware situation in every such  transaction,
and we all need to behave civilly in order to make these  things work.

A tough lesson learned, I guess.... one to chalk up to  experience.

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