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What's correct?

Started by sjs42, 10/19/2006 08:42AM
Posted 10/19/2006 08:42AM Opening Post
A question for you all:
Over a year ago I traded w/ a guy from England and acquired a SV102EDT. I assumed this to be the case, in any event. There are no markings in the tube that specifically say it's a 102 EDT.
I never used it.
In early August of this year I saw an ad from a respected A-Marter who is sort of a dealer I guess. I've had very good dealings w/ him over the past few years, never a problem. In fact, he once advertised his desire for a 'Comet Catcher' and I sent him mine free of charge if he would promise to donate it to Macalester College when he was through with it.
I should pause here to note that I have a LOT of equipment and all of it is earmarked to be donated to Macalester College as a legacy.
In any event, this individual had a quality 10" Truss and he wanted to make a trade. I sent him the SV OTA plus an Astrotech 80ED OTA. The deal was that he was to try them out and see how he liked them. If he did not like them or thought that the deal was not fair then he was to return them to me at MY expense.
If he liked the deal, then and only then was he to send the Truss. He asked if I would help w/ his shipping since the Truss was heavy. I did so.
I asked him to send the Truss directly to Macalester College,(a donation from me) which he did.
The time frame was that he received my OTA's in early August and Macalester College received the Truss Oct.7.
I noted that he put both the SV and the AstroTech up for sale on A-mart this fall.
Yesterday he e-mailed me that the SV was not a 102 EDt but a 102 D which he says is valued at $500-$525 less. He says he confirmed this w/ Vic.
My problem:
I'm not a "buyer beware " person and always guarantee full return rights and I pay full shipping. I do so because it's fair and also because I'm no expert on optics.
1-I can't return the Truss since it's already been donated to Macalester College.
2-I don't want to involve Vic at SV since I presume that he's not seen the OTA. This individual is in Florida and I certainly never showed the OTA to Vic.
3-I always want to be fair but I don't want to be taken advantage of either. This individual has had the OTA's for almost 3 months and has put them up for sale or at least put two of the same models up for sale.
So question:
Do I send this individual all or a part of $525.00? I emphasize that normally I would just return the Truss and ask for the OTAs back. As stated. the Truss is at Macalester and even if he hasn't sold the OTAs, I don't have the Truss and I don't want to ask Macalester to give it up.

Posted 10/19/2006 09:26AM #1
You got mail... 8)

Ivan Gastaldo 8)
Coconut Creek, FL

Ivan's Observatory
Lat 26N 16' 48" Long 80W 10' 48"
[COLOR="Red"]Personal Website:[/COLOR]

CCD Imaging and Processing/Deep Sky - Moderator
I like to complain about everything - Moderator
Posted 10/20/2006 03:11AM | Edited 10/20/2006 03:14AM #2
This one is pretty tough. I think my first choice
would be have the guy return the scope to you,
and then you talk to Vic and figure out exactly
what it is. You could even send it to Vic for
cleaning and let Vic figure out what it is.
This avoids you being taken advantage of.
I would not refund any money to the guy until
you get the scope and can talk to Vic. Then go
from there. If it is a "D" then I guess you owe
him some bucks. If its an "EDT" then just send it
back to him with some statement form Vic.

From what I can tell in various astromart ads,
these scopes are virtually identical by
mechanical appearance. It may take Vic to
actually sort it out. In some fashion it may
be partly Vic's fault for not labeling these more
clearly, so I would not feel too bad about
involving Vic.

You may also want to carefully review how you said
"If he did not like them or thought that the deal
was not fair then he was to return them to me at
MY expense. If he liked the deal, then and only then
was he to send the Truss" and whether this would
have been completely clear and in writing, or if
it was implied or verbal, etc. If this was
absolutely clear and in writing, you might have
some argument that the current bad situation was
partly his fault (due to donating the truss before
establishing what the SV was). That might be
grounds to refund less that the difference (for
example, letting him pay the shipping, Vic's
cleaning fee, etc.).

It is possible he did not know it was a "D" until
he tried to sell it, and maybe by then the Truss
was donated. That might explain what happened.

Another approach, if you don't have the time or
inclination to deal with it, would be to offer
some settlement for half the difference.

No simple answers that I can see. Maybe some
others in here (lawyers?) see more clearly what to do.