Your help rating seller
- Thread starter Token420
- Start date
acejedi
New member
acejedi
New member
Just so u know I consider my storage Attic the open air loft I built in my garage over my arcade. Its open air and has zoned climate control for regulated temp, just FYI even though I don't need to explain anything to any of you, but please continue this thread as I am very much enjoying it! I've got the popcorn out and I didn't need to pay the 9.50 to get into the movie! So please carry on. I'm not refunding any money. I did nothing wrong. Gosh this is so much fun.
Joe(acejedi)
Kind glad you feel that way, that's the healthy way to handle it. Being all angry about things eats you up and makes you spend too much time planning for ways to get even. And eventually, when you get released, you can face what you have done and ask forgiveness from those who have been hurt.
the board couldnt have been complete or working if it was shipped missing a chip. that in itself it misrepresentation and reason enough to expect at least a partial refund. threatening to sue someone you just ripped off simply for asking for their money back is retarded. a board missing a "large processor chip" is not complete!
from the original thread:
100% working Outrun board with audio.
No hacks or acid/burn damage.
----------------------
150.00 complete and shipped. PM if interested.
from the original thread:
100% working Outrun board with audio.
No hacks or acid/burn damage.
----------------------
150.00 complete and shipped. PM if interested.
I say stop acting like little endriens (my metaphor for children). Ok, so maybe the board didnt work like Joe thought it did. Ok, maybe Token took to long to test it. You both made errors. Joe, cough up a partial refund, and Token, swallow the loss.
Handle this like adults and keep the love flowing. Hell, I even offered to ship a Defender part to New Zealand for free because I admitted to making an error during a transaction with another fellow KLOVer. Bottom line is shit happens, but it can be wiped up if you try. I dont get what is keeping you two from finding an agreement and settling this.
Handle this like adults and keep the love flowing. Hell, I even offered to ship a Defender part to New Zealand for free because I admitted to making an error during a transaction with another fellow KLOVer. Bottom line is shit happens, but it can be wiped up if you try. I dont get what is keeping you two from finding an agreement and settling this.
acejedi is unwilling to even admit he has done anything wrong, let alone do anything to solve the problem. he hasnt offered to do anything to rectify the situation. his whole attitude is basically "ya got raped, deal with it." its pretty hard to come to an agreement with somebody who is unwilling to accept any responsibility whatsoever for their actions. threatening to sue and leaving negative feedback are just adding insult to injury. i agree with the partial refund. i have done this many times to avoid negative feedback. some people value their reputation, some are willing to piss it away over a couple lousy bucks.
mrbill2084
Well-known member
maybe you should learn something before you speak.. outrun does not have a suicide battery. only turbo outrun does(I was told some turbo outruns don't have suicde batteries, but everyone I have ever seen have them).
As for 160 degrees, is that some magic number? if the pcb is not on, I don't think it can hurt the board. did a quick search on IC temps(operational temperature range):
Industrial -40oC -38oF : +85oC +183oF
Commercial 0oC +32oF : +70oC +158oF
I would gladly take pcbs stored in 160 degree temps than stuff coming from frozen/constant rain/high humidity/flood areas.
As for the deal in question, I think joe might have made a mistake. He feels he met the obligation. Many do not.
What if the buyer is just looking for a refund? I just had some dork leave positive feedback for a blu-ray I sent them. only to have him file a claim saying he did not get it?
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descrentl
New member
JamBurglar
Well-known member
Here's what Judge Joe Brown would do:
It is clearly implied that the board was working because the post that started the whole transaction was asking for a "100% working Outrun board with audio. No hacks or acid/burn damage." Acejedi responded "150.00 complete and shipped. PM if interested. Joe(acejedi)"
By responding like that he's clearly representing its 100% working, with audio, no hacks or acid/burn.
This correspondence was public. Token420 was clearly responding to it when he contacted Acejedi.
Date: Sat, Jan 2, 2010 at 5:48 PM
Joe,
I just picked up an Outrun cab with no PCB so I am interested in that
and maybe some other parts. I have not had a chance to go over it yet
to find out what all it needs. What other parts do you have?
Ken (Token420)
----------
Date: Sat, Jan 2, 2010 at 6:20 PM
I have everything ken! Complete CP with shaker motor working, pedal assembly, wiring etc etc turbo bezal etc etc.
Joe
Sent via BlackBerry by AT&T
Date: Sat, Jan 2, 2010 at 6:52 PM
Ill do 130.00 shipped best I can do
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Date: Sat, Jan 2, 2010 at 7:00 PM
Sold! Can you wait until Monday for payment?
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Date: Sat, Jan 2, 2010 at 7:04 PM
No problem its not going anywhere its yours! I have to go up into my attic to get it. Its in a static bag and was pulled 100% working. I would rather have a check than Paypal as that way I avoid paypal fees.
Just send it to and make check payable to
xxxxx
I will need your shipping info also.
Thanks again
This is the meeting of the minds. There's a representation of the goods as 100% working on several occasions, an offer and an acceptace. It's not until after the contract is formed that Acejedi even mentions it was 100% working when it was pulled. First, he's already cleary inferred it's working and with that context already in place, adding the words "when pulled" doesn't do enough to inform a buyer that there might be something wrong with the board. For instance, he never says "it was working a long time ago when it was pulled, could be something wrong with it now". Second, he never says "as is" or infers that it might not be working. Last, he doesn't say "when pulled" until after he's got a binding contract (in writing, I might add).
The fact that payment came a day (or a few hours) late is irrelevant. Acejedi explicitly waives that defect
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Date: Mon, Jan 4, 2010 at 9:39 PM
Joe,
I promised you a payment for the Outrun PCB today but my paycheck has
not gone through yet an may not until midnight eastern. I will send
you a paypal as soon as I get paid.
Ken
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Date: Mon, Jan 4, 2010 at 9:48 PM
Ok no worries Ken, its yours I had 2 other people contact me via KLOV PM for it but I told them it was pending payment and promised to you. Thanks for keeping in contact. Joe
It doesn't matter that other people might have wanted it in the meantime. The parties already had a binding purchase agreement. There was offer and acceptance. It doesn't matter that consideration (money and goods) hadn't changed hands yet.
It also doesn't matter that a month or so passed by the time it was discovered the board didn't work. Token420 was reasonable in his attempts to test it. You also have to take into account the fact that the board was missing a chip, which took time to arrive. The fact that the chip was missing is not that important because Acejedi corrects this breach by sending the chip at his own expense (which is what he SHOULD do. It's not a favor when all you're doing is living up to your end of the bargain).
Acejedi doesn't do anything to negate the implication that the board is "100% working" until AFTER Token420 tells him it's not working. He needs to say that BEFORE the contract is formed. That would allow Token420 to say "oh, now that you say that I don't want it, or "I'll only give you $65 on those facts."
Absent some evidence that the board was damaged in transit, or that Tolken420 did something to damage the board, there is a breach of contract. Acejedi failed deliver what he promised. The poroper remedy is recission of the contract and Tolken420 should get his money back (plus shipping).
There's also some indication of constructive fraud (as opposed to actual fraud). It doesn't look like Acejedi intentionally misrepresented the condition of the board (intentional misrepresentation would be actual fraud). Instead, he really has no idea that it's "100% working" at the time it leaves his place and he omits the fact that it hasn't been tested in years. You can defraud someone by omitting a material fact like that (even though it's not intentional.)
Logically, morally, the right thing to do is refund the money and move on. You may not have intended to defraud the guy but that's what happened.
It is clearly implied that the board was working because the post that started the whole transaction was asking for a "100% working Outrun board with audio. No hacks or acid/burn damage." Acejedi responded "150.00 complete and shipped. PM if interested. Joe(acejedi)"
By responding like that he's clearly representing its 100% working, with audio, no hacks or acid/burn.
This correspondence was public. Token420 was clearly responding to it when he contacted Acejedi.
Date: Sat, Jan 2, 2010 at 5:48 PM
Joe,
I just picked up an Outrun cab with no PCB so I am interested in that
and maybe some other parts. I have not had a chance to go over it yet
to find out what all it needs. What other parts do you have?
Ken (Token420)
----------
Date: Sat, Jan 2, 2010 at 6:20 PM
I have everything ken! Complete CP with shaker motor working, pedal assembly, wiring etc etc turbo bezal etc etc.
Joe
Sent via BlackBerry by AT&T
Date: Sat, Jan 2, 2010 at 6:52 PM
Ill do 130.00 shipped best I can do
----------
Date: Sat, Jan 2, 2010 at 7:00 PM
Sold! Can you wait until Monday for payment?
----------
Date: Sat, Jan 2, 2010 at 7:04 PM
No problem its not going anywhere its yours! I have to go up into my attic to get it. Its in a static bag and was pulled 100% working. I would rather have a check than Paypal as that way I avoid paypal fees.
Just send it to and make check payable to
xxxxx
I will need your shipping info also.
Thanks again
This is the meeting of the minds. There's a representation of the goods as 100% working on several occasions, an offer and an acceptace. It's not until after the contract is formed that Acejedi even mentions it was 100% working when it was pulled. First, he's already cleary inferred it's working and with that context already in place, adding the words "when pulled" doesn't do enough to inform a buyer that there might be something wrong with the board. For instance, he never says "it was working a long time ago when it was pulled, could be something wrong with it now". Second, he never says "as is" or infers that it might not be working. Last, he doesn't say "when pulled" until after he's got a binding contract (in writing, I might add).
The fact that payment came a day (or a few hours) late is irrelevant. Acejedi explicitly waives that defect
----------
Date: Mon, Jan 4, 2010 at 9:39 PM
Joe,
I promised you a payment for the Outrun PCB today but my paycheck has
not gone through yet an may not until midnight eastern. I will send
you a paypal as soon as I get paid.
Ken
----------
Date: Mon, Jan 4, 2010 at 9:48 PM
Ok no worries Ken, its yours I had 2 other people contact me via KLOV PM for it but I told them it was pending payment and promised to you. Thanks for keeping in contact. Joe
It doesn't matter that other people might have wanted it in the meantime. The parties already had a binding purchase agreement. There was offer and acceptance. It doesn't matter that consideration (money and goods) hadn't changed hands yet.
It also doesn't matter that a month or so passed by the time it was discovered the board didn't work. Token420 was reasonable in his attempts to test it. You also have to take into account the fact that the board was missing a chip, which took time to arrive. The fact that the chip was missing is not that important because Acejedi corrects this breach by sending the chip at his own expense (which is what he SHOULD do. It's not a favor when all you're doing is living up to your end of the bargain).
Acejedi doesn't do anything to negate the implication that the board is "100% working" until AFTER Token420 tells him it's not working. He needs to say that BEFORE the contract is formed. That would allow Token420 to say "oh, now that you say that I don't want it, or "I'll only give you $65 on those facts."
Absent some evidence that the board was damaged in transit, or that Tolken420 did something to damage the board, there is a breach of contract. Acejedi failed deliver what he promised. The poroper remedy is recission of the contract and Tolken420 should get his money back (plus shipping).
There's also some indication of constructive fraud (as opposed to actual fraud). It doesn't look like Acejedi intentionally misrepresented the condition of the board (intentional misrepresentation would be actual fraud). Instead, he really has no idea that it's "100% working" at the time it leaves his place and he omits the fact that it hasn't been tested in years. You can defraud someone by omitting a material fact like that (even though it's not intentional.)
Logically, morally, the right thing to do is refund the money and move on. You may not have intended to defraud the guy but that's what happened.
JamBurglar
Well-known member
I was raised on the DJ internets skratcherboards, and people have gotten stabbed over stuff like this. You guys are much more civil over here. And they say that video games make people violent?
Very thoughtful post. You are going to be a busy guy here.
Grey
New member
My opinion is in no way relevant as I don't have a stake in this matter, but I think it's pretty obvious at this point that he has no intrest of refunding or even partially refunding you. He was deceptively vague in his responses to you, you never asked direct questions about how old the board was, etc, just took his word that he "pulled it 100% working" and he conviently forgot to mention that yea... it was working alright, THREE years ago.
He can neg you all he wants on eFail but his rep here is the one that's going to suffer in the eyes of other Klovers, who will make thier own decisions on wether or not to do business with him. You fuck up here and it WILL come back to bite you some day, when you want to sell something or need help.
He can neg you all he wants on eFail but his rep here is the one that's going to suffer in the eyes of other Klovers, who will make thier own decisions on wether or not to do business with him. You fuck up here and it WILL come back to bite you some day, when you want to sell something or need help.
MonsterBash
Well-known member
If all this information is actuate (which it looks to be) then AceJedi is a phucking tool. There's a reason he wanted a check and no.. it wasn't to save $5 in paypal fees.
As someone getting back into the hobby after a 10 year hiatus it's people like AssJedi that makes me remember why I let this hobby slip away years ago.
As someone getting back into the hobby after a 10 year hiatus it's people like AssJedi that makes me remember why I let this hobby slip away years ago.
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(1) Joe, is it really worth taking a hit to your rep over this shit? Really?
(2) It's an absolutely fucktastic thing to retaliate with neg feedback. The buyer, at the very least, PAID YOU... his end of the bargain is done... you've lowered yourself to GARAGEARCADECOM levels if you did, in fact, retaliate with neg feedback.
It's pretty clear that the majority here think you're in the wrong here Joe. Now, you do what you want (obviously), but if it were me, I'd swallow my "pride" and work something out...
(A) You implied the board was 100% and working... by both statement AND price ($150 shipped is a WORKING PCB set price) it wasn't.
(B) You NEVER said it was stored 3 years until yesterday.
(C) You have public opinion going against you.
Is it worth it?
EDIT: I just read the neg given to the seller... while it's still pretty crappy to retaliate with a neg, at least he didn't blatantly lie in the comment as garagearcadecom did... same result though... a bogus neg... and something the admin simply refuses to rectify (I'm still trying to get my bogus neg removed!)
(2) It's an absolutely fucktastic thing to retaliate with neg feedback. The buyer, at the very least, PAID YOU... his end of the bargain is done... you've lowered yourself to GARAGEARCADECOM levels if you did, in fact, retaliate with neg feedback.
It's pretty clear that the majority here think you're in the wrong here Joe. Now, you do what you want (obviously), but if it were me, I'd swallow my "pride" and work something out...
(A) You implied the board was 100% and working... by both statement AND price ($150 shipped is a WORKING PCB set price) it wasn't.
(B) You NEVER said it was stored 3 years until yesterday.
(C) You have public opinion going against you.
Is it worth it?
EDIT: I just read the neg given to the seller... while it's still pretty crappy to retaliate with a neg, at least he didn't blatantly lie in the comment as garagearcadecom did... same result though... a bogus neg... and something the admin simply refuses to rectify (I'm still trying to get my bogus neg removed!)
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Here is what he said on my negative feedback:
bought something untested and expected it to be guarenteed when it doesnt work
acejedi
Two can play this game. Leave me Neagative I leave it right back to you!
Another lie, seller never said anything about it being untested, not until yesterday anyway.
bought something untested and expected it to be guarenteed when it doesnt work
acejedi
Two can play this game. Leave me Neagative I leave it right back to you!
Another lie, seller never said anything about it being untested, not until yesterday anyway.
Spyridon
Well-known member
havok69
Active member
At the very least Joe should offer a partial refund. I certainly will never deal with him after seeing how he handles a problem. Anybody can be a great guy to deal with when there are no problems - here's where a person's true worth is shown; when there is a problem. And Joe gets a big...
Seems that the @sswipe has had his integrity called out by others as well, and been call a liar:
http://www.gamesforum.ca/archive/index.php/t-318056.html
http://www.gamesforum.ca/archive/index.php/t-318056.html
