SLANDEROUS & LIBELOUS K5DH

Be advised that seller WS2W sold a $50 2mtr kenwood transeiver to a DEAN HEMPHILL, K5DH. upon receipt, this guy says that the receive is not up to sensitivity and demands his money back. I refused as radio sold "AS IS" and I did not offer a guarentee. Radio worked fine for me for 7 years. As a result of my refusal to refund $50 for radio, THIS JOKER, K5DH has been posting FRAUD ALERTS about writer on any forum including this one. My reputation is spotless and I have notified tghe proper authoritys about these slanderous and libelous postings. Besides, K5DH has made awefull
remarks about by nationality, which happens to be AMERICAN. I was born in the USA as well as my parents and yes my grandparents came though Ellis Island as thousands upon thousands did. Its a real shame that individuals such as this call themselves members of the amateur community.

Your right on one issue. It was not worth 50 bucks for all this grief. Apparently you in a business atmosphere which is quite different than I. Your making money ongoning as I was just selling a radio I had for 7 years.
I think the cry-baby is the other guy.. He is posting Fraud complaints everywhere. I hope it does not happen to you. My reputation is just fine..by the way.

73

[KB1GXK]

I read the sequence of posts to date, so let me put in my two cents' worth: KG6JTB has a very good point, and I would have worked with that attitude. However, I think SCANDER was perfectly within his rights to take the approach that he did. This is a free country, and he technically did indemnify himself with the "as is" caviat. Perhaps it's a factor that many sellers choose not to force, but if it doesn't mean anything, then why would you continue to include it in any advertising ?? And where does one draw the line as far as what's really meant and what's not really serious in advertising. There has to be SOME kind of standard, some consistency. If you guys don't really mean "as is," then don't say it, because it's simply not true. Unless you mean "as is, unless I feel like doing it otherwise, in which case maybe I will and maybe I won't give you a refund.."
I mean, c'mon, think about it...you're all over this guy because he was a truthful advertiser. Hell-lo !

Just for the record.. My Call is mentioned in initial forum comment(Please Read) WS2W. Scander is my first name! I hope that clears that up!

[KB1GXK]

kb1gxk again, after thinking about this some more, and getting annoyed about it:

At issue here isn't this guy's damn REFUND policy, it's the way his customer handled the dispute. Disagreements are an unavoidable part of doing any sort of business. Everyone has his own policies. But when a dispute occurs, that's when you want to be watching the arena to see what people are really made of. This customer's behavior is that of a punk. There's a few of them around these days. SCANDER may not be your model of a businessman, but he handles himself like an adult. You guys are busting out of the gate frothing at the mouth to tell someone off. How would you have responded if it was the buyer that posted in and said all that had happened, instead of the seller. Would you have said, "Oh, don't worry. That seller shouldv'e refunded your money. You got nothin' to worry about" ?

[k5dh]

Greetings, fellow amateurs. #K5DH here. #I think I need to tell my side of the story.

First of all, this whole thing took place in August of 2000. #I have no idea why Mr. Astafan (Scander) is suddenly bringing it up again. #The radio involved is a Kenwood TM-2550A. #The price was $125, not $50. #It was represented to me to be in 100% working order; it is not. #Mr. Astafan's original "rec.radio.swap" posting describes the radio as being "like new", and does not say anything about "as is". Mr. Astafan told me that it had the tone board installed; it did not. #In addition, the SIP socket where the TU-7 tone board is supposed to plug in has been mangled by some previous owner installing (and later removing) and aftermarket tone board. #The socket is unusable and would have to be replaced in order for a TU-7 to be installed. #Mr. Astafan clearly misrepresented the radio's condition. #When I confronted him, he refused to make good on it. #That's what all of this was originally about. #When it became clear that I was not getting anywhere, I posted a fraud alert to the appropriate "rec.radio" newsgroups, as many other hams have done in similar situations. #As for the bit about the ethnic slandering, I have no idea where that's coming from. #I did no such thing.

But don't take my word for it. #Would you like read the WHOLE story? #It's available through the Usenet archives. #Here's how to read it:

Go to http://www.deja.com #(this will take you to a Google Usenet archive site).
Click on category "rec".
In the select box at upper left, select "pet .. woodworking".
Click on category "rec.radio".
Using the search box at top of page, search on "ws2w", searching only in rec.radio.*.

All of the related usenet posts will be displayed for your edification. #Please take a look. #Read through it all. #Examine the facts. #Then decide who did whom wrong. #What won't show up in the usenet posts is the rough and abusive language and hateful demeanor that Mr. Astafan used in his private emails to me. #I didn't save them, because I figured all of this had blown over. #Now, I wish I had saved them. #Suddenly this week, Mr. Astafan began emailing me again, complaining about my continued fraud alert postings. #Huh? #He alleged that I had recently posted fraud alerts to QRZ.com. #Huh? #Search both of those venues. #You'll see that I've done no such thing.

As for me, I've been buying/selling/trading ham gear for nearly 25 years. #I have a spotless reputation as an honest trader on the newsgroups, on eBay, at hamfests, and in the ham community. #Ask anyone who knows me, or has ever dealt with me (except Mr. Astafan, of course).

My technical knowledge (regarding the radio's receiver problem) was questioned. #I am an Extra class ham. #I am an electronic technician with a major aerospace and electronics company in their RF & Microwave Test Engineering group, with a college degree and 22 years in the business. #Trust me; I know my way around radio and electronic gear. #Sure, I could fix it. #But rather than spend any more money and effort on a radio that I had already paid top dollar for (and which would still need a $55 tone board that was supposed to have been included), I decided to buy a new TM-261A and stick the TM-2550 on a shelf, where it still sits.

I don't want any more trouble. #I just want this to stop!

73 to all,
Dean K5DH

One last comment about this matter and I will chalk it up to a bad expierence. I also happen to be an EXTRA CLASS and have been one for 10 years. I also am a FCC licensed technician and have been since 1968. When I sold the radio to MR. HUMPHILL, it was working fine.. Receive and Transmit. He claimed the sensitivity of the receive was not up to par. Now he critique's the radio about tone plug condition and on and on. Bottom line..
Radio TRANSMITS and RECEIVES. I happen to check Google with my name and this FRAUD ALERT has been transmitted across the internet to a WORLD-WIDE forum.
I have emails of which he and a gang of his friends on QRZ posted ethnic slurs that were terrible. I believe that in its totality, it would upset anyone, since MR. HUMPHILL was not on the receiving end and now that he is..the poor man is upset. To post a so-called FRAUD ALERT, because maybe you were no happy with the deal, was way out of line and excessive. End of story for me!
Thanks for reading and maybe my bad situation will prevent the same happening to you.

[W5ATX]

This response is kind of late, but I have to get it off my chest.

I just did the deja search and sure enough, that rig was listed for $125. Big difference between 50 and 125. And to say "every" known bell and whistle is there would imply to ME anyway that every means every - and I would expect the tone board to be part of "every." But truthfully, it doesn't SAY it's there. One would hope hams would do better than that.

I buy and sell on ebay. A lot. "As-is" means exactly that - maybe it works, maybe it's junk. You buy it, it's yours, no matter what. Should hams treat each other like that? No, but the fact is they do - deal with it or stop buying used gear. But . . . this ad for this rig in question doesn't say "as-is." It says it's in "beautiful shape." Beauty is a visual effect to me. Maybe it's like brand new but it doesn't work. I don't know. Again, the risk of doing business.

I too did a search of Mr Astafan's name on google.com. Not deja, but the main search engine. I did NOT see his name scattered all over the web as a fraud. I did however read about his political activities. Interesting . . .

I'll continue buying and selling on ebay. I enjoy it. And so far, so good. If you can't handle the risk, don't send your money. But also, if you're going to lie, eventually it will catch up with you.

My advice to THESE two hams? Grow up.

73,

Chris

[WA3TJO]

In my humble opinion: When I purchase something from eBay or any place for that matter and the description includes the words "AS IS". I accept the item and don't complain NO MATTER WHAT might be wrong with it. As is means just that. You take your chances. I believe that ANYBODY that complains about an "as is" purchase has no right to even bother the seller. If there is a photo included then the item SHOULD be exactly what is in the photo however. There is a substantial difference in the intrinsic value of an item that is "100% satisfaction guaranteed" and one that is "AS IS". I wish people would learn to read descriptions. 73, Len

[k3sam]

IMO, you have both stated your sides. #Sounds like you are taking back a TV to Sears after 2 years because the TV station you like went off the air. #

I've been taken for 4 grand, posted it here, thought that might help however still haven't seen penny one. #On the other hand, I tried to support a local computer store, ComputeRx two weeks ago. #Bought a $1,400 system off of him, brought it home and it didn't work. #He couldn't fix it so I took it back. #He gave me $1,100. back. #Said the $300 dollars was for restocking fees. #Nice "racket" he has going. #Went to Best Buy where I sould have gone to start with.

The point being, live with it and move on.

Sam
K3SAM

PS: For the record, a agree with Dean after reading both sides.

[kb2rjh]

Poor WS2W circle always comes around.

[N4ZDU]

well
its settled,lets bury it and learn from it.



73

[n7wsb]

You guys might want to read warrenties 101 http://www.ftc.gov/bcp/conline/pubs/products/warrant.htm - its not as straight forward as just putting "as-is" on something and calling it a day.

Under implied warrenty it talks about warranty of merchantability - which states a toaster will toast and a car will run. Or your radio will transmit and recieve. Or thats its in mint condition. And there is AS-IS which is no warrenty - I'd be willing to bet that you can't have it both ways. What I mean is you shouldn't be able to say its in mint condition when the tone board socket is trashed and then say oh well if it is trashed sorry too bad its AS-IS. I'd almost hire a lawyer if some guy was being really awful about it.

Personally I think if anyone puts AS-IS on something they shouldn't have any legal right to say "its in mint condition - works great etc" because the two conflict with each other. I mean if anything its not being honest with the person you are doing the sale with. And you deserve all the criticism you get.

Kansas, Maine, Maryland, Massachusetts, Mississippi, Vermont, West Virginia, and the District of Columbia don't allow AS-IS sales - is the seller from one of these states? If so - he broke the law and you should get your money back.

Personally - whenever I sell anything - to protect my reputation I disclose everything I think people might be interested in knowing about the radio - because I believe in being an honest person. And I sell it (even on ebay) with the knowledge that if its not up to your expectations no worries I'll give your money back. So far no-one has taken me up on it.

[N4DFP]

It sounds as if this thing has been done to death, but here is my $0.02 anyway. I absolutely agree with Dean. He has been wronged. He pointed it out to the seller, who has refused to do anything about it. That bites, but there isn't much else to do but let it go gracefully, and chalk it up as tuition in "The School of Hard Knocks". I recently had the same thing happen to me when I bought a laptop (NOT from WS2W and I won't mention who it was, either). It was represented as "in excellent condition", "works great". When I got it it it had no memory and didn't even have a CPU. The jerk I bought it from insisted it was sold "as is", even though that phrase never appeared in his ad. #Rather than demean myself by getting into a public altercation, I just let it go. Sometimes it's the only thing you can do