MODS PLZ DELETE

[DainBrammage]

ARGHHHHHHHH!!!!!! Now I feel better

From: Phil Jackson
To: Andrew Stiff
Sent: Monday, January 08, 2001 9:36 PM
Subject: Re: CREATIVE DVD


You should have marked the drive as pending.
E-Bay isnt the forums.
I agreed to your 65.00.
I am not a kid as you put it. I am 32 and an extremely well established trader at Anadtech.
And yes you do have an attitude hence ---

"It's not gonna be DOA since it works fine"
and
"No thanks since I have found someone who said they would take the drive for $70."
----- Original Message -----
----- Original Message -----
From: Andrew Stiff
To: Phil Jackson
Sent: Tuesday, 09 January, 2001 00:25
Subject: Re: CREATIVE DVD


Actually I was selling it externally. He's someone I know, and doesn't go to Anand, and I offered him the drive yesterday for $70, but just got a reply today. I'm the seller, and as such have the right to sell to the person of my choosing, it's not like Egay where you must sell to whoever wins a bid. And I have no attitude...whatever you were implying with that. If you would check my record at Egay you will see that I am a good trader. I would think that the fact that I don't have any negative evaluations anywhere would be good. I can't sell the drive to you because you will not agree to my terms, which is that you send me payment and then I ship you the drive. If you don't agree to that, then I can't do business with you. I will not allow myself to get ripped off by some kid in a forum, which is why I do not do the "Send me the drive first" stuff.
----- Original Message -----
From: Phil Jackson
To: Andrew Stiff
Sent: Monday, January 08, 2001 9:17 PM
Subject: Re: CREATIVE DVD


Ok my mistake I was must have been daydreaming about the evals. But that doesnt change the fact that your refs are still too few with only one "known" trader and he has a couple of neutrals. I suggest you lose the attitude you will do better at Anadtech and as far as selling to someone else for a higher price than what you posted I will deal with that in the forums.
----- Original Message -----
From: Andrew Stiff
To: Phil Jackson
Sent: Monday, 08 January, 2001 23:59
Subject: Re: CREATIVE DVD


1. All of my heatware are for selling. I haven't bought anything through anandtech. 2. I don't ship first, as I don't like being ripped off. 3. It's not gonna be DOA since it works fine. 4. I always ship PM with DC/Insurance. 5. I don't accept paypal at this time. 6. The drive is in great condition, and is about 6 months old, but rarely used. 7. No thanks since I have found someone who said they would take the drive for $70.
----- Original Message -----
From: Phil Jackson
To: Andrew Stiff
Sent: Monday, January 08, 2001 8:44 PM
Subject: Re: CREATIVE DVD


Odin,
Ill go 65 shipped under these conditions. ( 1 ) I would want you to ship first as you have only 4 Heatware Evals and all of your Evals are for buying not selling. ( 2 ) I would like a guarantee that this drive is not DOA. ( 3 ) You ship Priority Mail with DC.
I will then Paypal you immediately upon receipt of the drive. I can provide you with e-mails of recent traders whom Ive dealt with on the same basis if need be. BTW what the general condidtion of the drive, how old is it?
Phil
a.k.a. DainBrammage
----- Original Message -----
From: Andrew Stiff
To: Phil Jackson
Sent: Monday, 08 January, 2001 23:32
Subject: Re: CREATIVE DVD


I think I sent an ICQ message to you. Would you agree to $65 shipped? BTW I have evals here:

http://heatware.elitehardware.com/view.shtml?action=list&option=odin

And here:

http://cgi2.egay.com/aw-cgi/egayISAPI.dll?ViewFeedback&userid=odin@lemoorenet.com


Hope that works for ya
----- Original Message -----
From: Phil Jackson
To: odin@lemoorenet.com
Sent: Monday, January 08, 2001 6:14 PM
Subject: CREATIVE DVD


Hi saw you post at Anadtech. Will you go 60.00 Paypal shipped for that creative DVD?
My refs are at heatware under DainBrammage...
Where are yours?
Phil
a.k.a DainBrammage

 

[OdiN]

And I hate buyers that don't understand how to do business, or how a deal is done properly.

 

[Eoin]

A verbal agreement to sell an item is binding if the price is less than $200. Therefore, you cannot agree to sell something for one amount and renig if you get offered more later. Why don't you ship it COD. Then, neither can get ripped off.

 

[Hamburgerpimp]

That is why I usually only deal with reputable traders.

 

[DainBrammage]

1. All of my heatware are for selling. I haven't bought anything through anandtech. 2. I don't ship first, as I don't like being ripped off. 3. It's not gonna be DOA since it works fine. 4. I always ship PM with DC/Insurance. 5. I don't accept paypal at this time. 6. The drive is in great condition, and is about 6 months old, but rarely used. 7. No thanks since I have found someone who said they would take the drive for $70.

Ok Braniac where do you state your term in the entire exchange?

You flaked over 5 bucks

 

[OdiN]

<< A verbal agreement to sell an item is binding if the price is less than $200. Therefore, you cannot agree to sell something for one amount and renig if you get offered more later. Why don't you ship it COD. Then, neither can get ripped off. >>



But it can't be binding if we do not agree to terms. If you agreed to $60 for a drive from someone, but then they stated that they wanted it shipped UPS Yesterday Express Air, inside a solid gold box, and were still only going to pay $60 for it, but in rubles instead of US dollars, would you be BOUND by some verbal agreement to comply with his ridiculous terms? If so, sign me up for some free money.

 

[OdiN]

<< 1. All of my heatware are for selling. I haven't bought anything through anandtech. 2. I don't ship first, as I don't like being ripped off. 3. It's not gonna be DOA since it works fine. 4. I always ship PM with DC/Insurance. 5. I don't accept paypal at this time. 6. The drive is in great condition, and is about 6 months old, but rarely used. 7. No thanks since I have found someone who said they would take the drive for $70.

Ok Braniac where do you state your term in the entire exchange? >>



Where? Right there in front of you. I said I wouldn't ship first, that the drive was fine, how I would ship, that I didn't take paypal, and the condition/age of the drive. Does that not look like terms? It does to me.

 

[DainBrammage]

Hey Hamburgerpimp you have another DVD you need to sell?

Odin, my bad you spelled it out crytal clear in this:

I think I sent an ICQ message to you. Would you agree to $65 shipped?

 

[Eoin]

If person A says &quot;I'll pay $65 for it&quot; and person B says &quot;OK&quot;, then you have a legal agreement. How you decide to finalize the sale is different. You still have to sell it for $65 IF you can agree to the terms. If neither can come to an agreement on how to ship and pay, then you can back out. But not until both parties agree the sale will not happen.

 

[luv2chill]

A sale is not binding if the seller's terms are not agreed to. In this case the seller wanted payment first and the buyer did not agree, therefore no contract = no sale.

Plus, DainBrammage, it's ANANDTECH.

l2c

P.S. This looks like a total misunderstanding. You two just couldn't agree on terms to make a sale--no harm done. I don't think either party is really at fault here. Was it really necessary to make this matter public?

 

[OdiN]

Thank you...someone finally agrees.

 

[DainBrammage]

Thats my entire point. hence:

From: Phil Jackson
To: Andrew Stiff
Sent: Monday, January 08, 2001 9:17 PM
Subject: Re: CREATIVE DVD


Ok my mistake I was must have been daydreaming about the evals. But that doesnt change the fact that your refs are still too few with only one &quot;known&quot; trader and he has a couple of neutrals. I suggest you lose the attitude you will do better at Anadtech and as far as selling to someone else for a higher price than what you posted I will deal with that in the forums.

I wasnt given a chance to agree to anything he just sells it for 70 after he asked 65 and his post reads 65. THATS WHAT THIS IS ABOUT &quot;No thanks since I have found someone who said they would take the drive for $70.&quot;
I could care less about not getting it its just the point of him rubbing that fricking $70 in

luv2chill
Oh no I've misspelled a word. Shame on me

and it's LOVE

 

[JJDyn0mite]

I agree with Luv2Chill on this one, and I think that we both agree that neither of you is at fault, but it's a misunderstanding. I didn't read in any of the messages where either party had said done deal. They were both going over conditions. Unless they both agreed to all the conditions, it's fair game. The only thing that bothered me as far as Odin was concerned was that he threw in the #7 and made it sound like he sold it to someone because they offered him more. We've since heard the rest of the story, but when he left it like that, I could understand Dain being a little upset.

Odin, you should have just told Dain that you did not agree to his terms and that you had found another buyer with whom you were able to work out all the terms. That would have saved a lot of this trouble, because as far as I'm concerned, the first person to agree to the terms of the seller gets the product. I don't go for this &quot;dibs&quot; stuff where one person has some sort of right to the item until he gets it his way. I know some people disagree with that, but I've always gone by whoever shows me the cash first (or who SEALS the deal first) takes the prize. That could be a whole other thread, but that has always been my policy. As far as I'm concerned, this deal in question was never SEALED. SOrry for the ramble, but I wanted to be fair to both parties.

 

[OdiN]

Rubbing it in??? All I did was simply inform you of what was happening. That's it, plain and simple. And I did give you a chance to agree with my terms. Your terms were conflicting however, and you didn't say ok to my terms so no sale. Sorry.

 

[bonkers325]

DainBrammage
chill man u cant take no for answer

if he replies like that so be it

 

[Viper GTS]

Why do grown men feel the need to have a pissing match over a DVD drive?

Sh!t happens, get used to it, &amp; STFU. And go buy a brand freakin' new drive for not much more than that if you're that worried about it being DOA. I've bought stuff a lot more expensive than $65 with no &quot;DOA guarantee.&quot; I figure it's kinda part of dealing with this stuff.

God, what children we have here.

Viper GTS

 

[reitz]

DainBrammage, you need to calm the fsck down. What the hell are you complaining about? He offered you a price, and then you put conditions on it. If he doesn't want to meet those conditions (and I don't see how you can expect him to), then you're out of luck.


<< I am not a kid as you put it. I am 32... >>

Funny, you're sure acting like a child.

 

[DainBrammage]

Oh no Ive huuuurt thomwones feeeeleenngs???

YOU MISS THE POINT I COULD CARE LESS ABOUT THE DRIVE READ BETWEEN THE LINES

His post said 65 he sold for 70

PAY ATTENTION

Maybe my TOPIC was misleading fixed to reflect...

Listen, ITs not about this or that it's about you not making yourself clear. Why did you drop it and say you were selling for 70$ and to someone else without giving me the chance to counter.

1. I offered you 60.
2. You countered with 65.
3. I accepted saying that &quot;I would ask you to ship first&quot;
4. You replied, being what I considered to be beligerent and saying you wouldn't sell to me beacuse you had sold to someone else for $70.
5. I told you I would deal with the $70 issue
6. I am not trying to force you into anything.
7. comprende?
8. Misunderstanding? Maybe... Maybe not....
9. Will i trade with you in the future???
10. More than likely not.

 

[luv2chill]

DainBrammage--

Geez, man. Leave well enough alone. It's a sale that didn't work out. They're a fairly common occurrence.

And if you want to nitpick, you said you would pay $65 under several explicit conditions, which you went on to state. He did not agree to those conditions, and sold it to someone else.

Face it, you have no leg to stand on here, legal or otherwise. I think it's wrong of you to defame another member of these boards over such a petty misunderstanding.

You should also move this discussion to e-mail or PMs. As much as I enjoy putting you in your place this is not a matter for a public forum, especially since real names were used.

l2c

 

[Eoin]

Maybe an edit removing the names should take place.

 

[DainBrammage]

Reitz for someone that has no documented proof of selling anything in the FSFT you sure are an expert http://heatware.elitehardware.com/list.shtml?action=search&amp;option=reitz Why dont you go buy ad sell some stuff first then come up with the advice buddy or better yet go punch another chad out for Buchanan

LUV2CHILL

Im done your dissmissed

 

[DABANSHEE]

Who gives a fuk - if I had something for sale for $50 &amp; somes stranger agreed to payed $50, then some mate offered $60, I'll sell it to my mate who offered $60 in a instant. Why, Because upsetting a stranger means nothing to me, expecially if I'm getting an extra $10, &amp; making my mate happy too.

Then I would make a fuss about terms to

Mind you if you were a mate, friend or relative that's different.

So get over it &amp; get a life, this is the real world - you don't get 'mates rates' etc if you were are a stranger.

Your lucky he didnt just dig up an old broken CD drive (with a DVD sticker on it) then dropped it to make it look like it got dropped while it was being delieved &amp; that's why it doesnt work, &amp; sent that to you instead.

 

[OdiN]

DainBrammage-

I've said sorry I dunno how many times now. It's not like I'm just saying that, I really am sorry. Misunderstanding....and I felt we had no deal. But I do feel obliged to finalize the sale with the other person because we both agreed. If you want, should that fall through (though I doubt it) the drive is yours, ok? I said maybe I made a mistake on telling you the price I sold it to the other guy, maybe if I didn't you wouldn't have gotten so upset, but like you say it's only $5. Sorry for any inconvenience, and this all happened so fast too. I'll try to learn from this and do things differently in the future...it's not like I've been here selling stuff forever or anything. If i made a mistake, sorry ok?

 

[luv2chill]

Eoin--

at the very least, but I just don't see how an injustice was committed here. Buyer makes offer of 60. Seller counters for 65. Buyer accepts but states conditions unacceptable to seller. THEREFORE NO SALE. Seller is then free to increase/decrease the asking price to whatever he or she wants.

I could see there being a problem if buyer agreed to $65 AND seller's terms, and then the seller backed out and sold to someone offering a higher price, but that's just not what happened.

l2c

 

[Eoin]

Luv-

It doesn't appear that BOTH parties agreed that the payment and shipping terms could not be agreed upon before the seller decided to sell it to someone else. First there is an agreement on price. Then buyer wanted one payment/shipping option. Seller said &quot;No, I'll just sell it to someone else&quot; without trying to reach a compromise. HOWEVER, if this attempt at a sale had been conducted maturely, neither party probably would have come to an agreement. Doesn't matter anymore anyway.