What would you do, in this situation.

joebriggs

Junior Member
Feb 16, 2002
14
0
0
If you could give me your thoughts, I'd be most appricative ;)
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I was looking on another forum yesterday, and saw a post from a guy who wanted to trade his RADEON 8500 LE, for some cash and a KYRO II. I guess he basically wasn't happy with the performace of the Radeon..

I sent him an email, and told him I'd give him 2/3 of the price of his Radeon in cash, and my kyro II. Which he accepted.

He told me, that the Radeon would do 275/275, and might even overclock higher. So, this made me want the card even more :)

2 hours before we swapped, we were communicating over email. I'd told him, that I would meet him at his home, and we'd swap the cards and cash there and then. So I took out the kyro from my machine, put it in an anti-static bag, and went to his home (over 2 hours by rail) and we did the deal.

We both exhanged cards.. (neither of us tested the card, so it was sold on a premise of AS SOLD AS SEEN). And we were both ok, under that situation.

What happened next.
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Next day he contacted me, saying that the card is faulty. 2D works fine, however when playing 3D games. It either displays a blank screen, garbage white text is all over the screen, or it plays very slowly. He is demanding that I give back his card and money, and he returns the KYRO to me. Or I give him more cash (the cost of the kyro second hand) and we settle the matter.

On my side, His card does not do 275/275 without SERIOUS artifacts, in fact it only does 260/260.

What shall I do?
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If I give him back his card, and he returns mine, plus the cash. Then I have a broken kyro II. :(
If I give him extra cash, then I have admitted that the card was faulty, and that I knowingly gave him a bad card !!

Q) How do I not know that he did something wrong with the kyro II card. In fact, how do I not know he had a problem with the RADEON LE? The question that I keep asking, is why trade from a RADEON LE to a KYRO II?

I sold that card in good faith and it was working perfectly. Now he keeps on ringing my home, and mobile, sending me emails demanding his card back.

What shall I do?

What would you do?
 

Pacfanweb

Lifer
Jan 2, 2000
13,154
58
91
You met him at HIS home....he easily could have said "lets run inside and verify both cards work" He didn't. You didn't.

Caveat Emptor Let the buyer beware

You don't owe him a thing. Maybe the same thing that's giving him problems with the Kyro is what made him not like the Radeon.

 

Daniel

Diamond Member
Oct 10, 1999
3,813
0
76
Has he at least tried other drivers and tweaks yet? Has he searched to see if there are any known issues with his other hardware and that card yet?
 

joebriggs

Junior Member
Feb 16, 2002
14
0
0
Daniel, I am not sure. I really don't know what he's done. Hes like over 150+ miles away from me.

So, what would you do, if you were me?
 

Mephistopheles

Senior member
May 16, 2001
410
0
0


<< We both exhanged cards.. (neither of us tested the card, so it was sold on a premise of AS SOLD AS SEEN). And we were both ok, under that situation. >>



I think you held up your part of the bargain. The right thing to do would be to have an equal exchange. Since the two of you never bothered to test what you were about to buy (WHY THE HECK DIDN'T YOU???), you have no way of knowing whether or not he damaged your Kyro II. I suggest you test the Kyro and let him test the Radeon and exchange them again if they work fine.

Of course, it sounds like he didn't install the Kyro properly. BTW, are you happy with the Radeon's performance?
 

dirtboy

Diamond Member
Oct 9, 1999
6,745
1
81


<< You met him at HIS home....he easily could have said "lets run inside and verify both cards work" He didn't. You didn't.

Caveat Emptor Let the buyer beware

You don't owe him a thing. Maybe the same thing that's giving him problems with the Kyro is what made him not like the Radeon.
>>



Pacfanweb is right on the money. Tell this guy to read this thread and post here. He had the opportunity to test the card and chose not to.
 

joebriggs

Junior Member
Feb 16, 2002
14
0
0


<< BTW, are you happy with the Radeon's performance? >>



More than happy, I luv this card. :D

Anyone else?



 

Daniel

Diamond Member
Oct 10, 1999
3,813
0
76
joe, got your PM, sorry I didn't realize at first what you were referring to. What I would ask him is if he had tried to see if there were other drivers available or searching the manufacturer's web site first to see if there is a know fix before going through all the hassle of returning it.
 

joebriggs

Junior Member
Feb 16, 2002
14
0
0


<< all the hassle of returning it. >>



Ok, it seems some of you don't understand the situation, sorry if I haven't explained it well.

- I have had the card well over 10 months, and I know it was working perfectly when I handed the card over.
- He got my old card (Kyro II) and 2/3 worth of his RADEON 8500 in cash. Looks like we had a fair deal.
- Neither of us tested the cards, so we where both going on faith, that the other card was working.
- He said his card does 275/275. It does not, instead it does 260/260. However this does not matter to me.
- Now he is saying my KYRO II is broken, and does not play 3D games. However, I cannot verify what he is doing. He could have busted this card for all I know.
- Now I am getting phone calls and emails. Demanding that we exchange cards back, and I take my cash as well. But this will leave me with a (now) broken kyro II.

Tell me, would you be happy in exchanging the cards, recieving the cash originally handed over. And being left with a broken kyro, YOU KNEW that was working pefectly?

Replies, really appricated! :D
 

cmdavid

Diamond Member
May 23, 2001
4,114
0
0
tell him the radeon is broken and that you want him to give you cash for that.. then when he says, "i know its working, i just used it yesterday.!!" you can say the same thing right back and say, so we're even?? good.... and its settled...
 

Daniel

Diamond Member
Oct 10, 1999
3,813
0
76


<<

<< all the hassle of returning it. >>



Ok, it seems some of you don't understand the situation, sorry if I haven't explained it well.

- I have had the card well over 10 months, and I know it was working perfectly when I handed the card over.
- He got my old card (Kyro II) and 2/3 worth of his RADEON 8500 in cash. Looks like we had a fair deal.
- Neither of us tested the cards, so we where both going on faith, that the other card was working.
- He said his card does 275/275. It does not, instead it does 260/260. However this does not matter to me.
- Now he is saying my KYRO II is broken, and does not play 3D games. However, I cannot verify what he is doing. He could have busted this card for all I know.
- Now I am getting phone calls and emails. Demanding that we exchange cards back, and I take my cash as well. But this will leave me with a (now) broken kyro II.

Tell me, would you be happy in exchanging the cards, recieving the cash originally handed over. And being left with a broken kyro, YOU KNEW that was working pefectly?

Replies, really appricated! :D
>>



When you go on faith in a deal it is hard sometimes, because you don't spell out warrenties but they are implied and most good traders stand by them. That is why I said that you should have him check out and see if there is something wrong with his setup. For all you know he is just having a conflict, and maybe he just returns and it works fine in your pc again and you are back at square one.

The overclock of the card is a hard call too, sometimes people have fans blowing right on them that are keeping them cooler, which is why I usually factor in a degree of error if someone wants to sell a overclocked part. If I sell a tbird 1 gig that I claim does 1.5 with arctic silver 2 and a heatsink/fan from hell, well what happens when the guy buys it and sticks a pos heatsink on it and can only hit 1.3?

Like I said in the first place, try to figure out what is wrong first, because if the card didn't work at all I could see a problem but since it works fine for 2d and he has issues with the 3d portion then maybe it is just a configuration issue and you can be over and done with. Why don't you get all his specs or tell him to post it here and maybe someone else can figure out what is wrong and you can both be happy?
 

b0mbrman

Lifer
Jun 1, 2001
29,470
1
81


<< Thanks for the reply.
Anyone else, I could really use your thoughts!
Thanks.
>>


I don't know...it's probably within your "rights" to just keep it but if I were in your situation, I'd stand by what I traded...