Lens dust and legal threat.

Started Mar 31, 2013 | Discussions thread
photonius
Veteran MemberPosts: 6,071
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Re: Lens dust and legal threat.
In reply to miked58, Mar 31, 2013

miked58 wrote:

Aussie Coop wrote:

miked58 wrote:

Digital Shutterbug wrote:

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

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Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

Did you sell with a warranty? If so, for how long. Typically, used equipment is sold as is, or only a few days are allowed in which to return the item if the buyer is not satisfied. Several weeks is a long time to expect a refund unless that time period was specifically stated.

I'd probably tell him/her to take a take a flying leap......

Steve

PS, I too would like to know how one determines how long dust has been present.

I sold as used item but preferred them to  pick up and also subject to full inspection prior to payment (The purchaser selected to receive by post instead) . I always do this so that there are no nasty comebacks. I have had excellent feedback until this person!

My worry is if they have abused the lens and I refund there may be other damage..then I have no recourse to getting money back judging by their demeanour..

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Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

What was the value of the lens ? Id be more inclined to call his bluff and say NO , the item was sold as is and if there was a problem he should have gotten back to you in a timely manner, Id say 7 days after he recieved it would be plenty. Even if he purchased 2nd hand from a store it would be lucky to have 30 days warranty/ return. If you sold it on Ebay his recourse is to open an item dispute, and, if its been that long since the sale then that period is probably expired as well. As long as you didnt misrepresent the item in any other way, eg saying it was so many years old but the date code proves otherwise then he would have a hard time doing anything about it.

The lens was sold for $1500 and retail is $2700.

I understand from local laws that I am not subject to Consumer Guarantees Act or Fair Trading Act as a private online seller.

The lens was mint, the age and origins disclosed. Photos were put up and I preferred a pickup and test first option.

Do you still have images of the lens itself prior to shipping - that would be very important ? (best with a daily newspaper next to it for date confirmation, but I presume you don't have that)?

The lens does not need a repair. I asked for evidence of the issue and they replied that asking for it was insulting to them and they would not do so.

They said initially there were distortions and now have another story when I asked for an image taken with the lens. The only issue is some dust which after 3 weeks is noe obvious to anyone who looks at it.

I offered to send photo evidence - the last image shot with it. They were not interested.

It comes across as "fishy" to me.

If he is not negotiating with you, this does small of scam. He wants money back, but probably would also refrain from sending the lens back, because it's so "defective".

Document all email exchanges, keep a record of everything that you offer to him and ask him, even repeat the email once more. At this point you have no proof that anything is wrong.

Offer him to take it back through an escrow service (you have to look that up), i.e. you pay the money to a service, and if the lens comes back in good condition, the money is released.

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Canon 650D, Canon 600D, Oly E-pm1, EFS 15-85mm IS, efs 10-22mm, 24-70L, 100-400L, 24-105L, EFS 18-135 STM, Tokina 50-135 f2.8, EFS 55-250mm IS, 580EX, Hensel and Elinchrom studio lights, Canon Ixus 80IS

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