Received Engineering Sample CPUs instead of retail. Am I right to ask for refund?

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You are well within your right to ask for a refund OP.

Warranty alone, on processors of that price, is worth more than 100$ IMHO.

If you win the claim, hold onto the hardware until he sends you return shipping costs.

If he is unreasonable past the paypal claim, send Intel a little note detailing the situation.
You might get something nice out of it as well.
 
I have had many Es chips and Have one p4 one in my drawer right now, all worked better than their retail counterparts and never had any issues, I found in the past they actually sold higher since they are usually more overclockable due to unlocked multipliers and such.

By the way anyone want one I will Give away for testing purposes of course, I already tried to give back to intel when I could no longer sell the cpu. It is a P4 northwood 478 pin unlocked.:D

Ill take it as a collector/conversation peice. I would use it but i have a Prescott.
 
IMO, the only solution is to get a complete refund & return at his expense. Technically they are worthless to you since you cannot legally resell them.

EXACTLY! Walk away from this deal entirely...full refund. The claim should go in your favor, so I wouldn't worry. I'll pm you some additional info.
 
So let me enlighten the rest of you as to Marcus real tactics. What he has decided not to share with you is that I followed his requests to the letter. I had some family issues arise so I was unable to send him tracking information until late. It was However sent as he asked when he asked. I refused to send till the payment cleared as I suspected from his conversation that something was amiss. Payment cleared and I sent the next day.

He throws a tantrum over the tracking and wants a refund right after I sent the package. I again suspected he just wanted me to send so he could get the entire rig for free. Now that he cannot get it for free he has cleverly decided to complain about something that I was unaware of. The CPU's are ES according to him as I never actually checked. I have only to take his word for it now. You will forgive me if I think he's full of shit or simply has an ES unit which he will take pics of. So He paid less for the rig than I originally asked by a mile.... 1700 vs 2400. Additionally he agreed to pay shipping which he did not. Then I was hit with the paypal fees on the 1700 and now he wants an additional refund of $200 according to his e-mails but in the paypal dispute he asks for $300. So he's lied to you, lied to me and yet I have to eat an additional $300 or he will blackmail me by threatening to get me investigated by Intel. You will forgive my desire to strangle him through my screen. I would warn any of you from ever selling or trading with this guy ever again. He tell you one story while doing another. he will get his cash from me and I hope the CPU's blow up in his face.
 
The price is not as good as you say.. I bought just two weeks before you a pair of X5650 (retail, not ES) for $600/ea. I believe I was mislead in this deal. If I knew they were Engineering Samples I would never offered $1700 for the combo. You should've been honest from the beginning, not trying to hide the truth behind a 'good price'. For ES CPUs, the price is not very good at all.
Either you refund $200 ($100 for each CPU is pretty fair), either I ship them back at your expense. Your choice. If you want, I can start a post on [H] asking for other people's opinion, but I think I am being reasonable.

Originally Posted by DivineSmack
They were retail units. They operate identically to the retails plus my understanding from several sources online is that Intel sells ES's quite often. Regardless you got an awesome deal. Everything is fully operational, I did as you asked and you got well over a $2500 rig for much less than I originally
 
Originally Posted by MarcusXP
Man, I took out the CPUs, and surprise.. they are Engineering Samples (Intel Confidential) CPUs.
That means they don't have any warranty.. and they sell for much less than the retail CPUs.
What do we do? You did not say anything about this, I understood that these are production version, with warranty. The ES-es are selling for much less on ebay. I would expect at least $100 less, so I think it would be fair to refund $200 from my original payment...

Quote:

I am so sorry. Here is the information:

804255715022856

Fedex. Sent as I told you and sent as you asked. No insurance, computer parts used.

Its due to arrive tomorrow.

Quote:
 
Originally Posted by MarcusXP
4 more days passed and I still haven't got the tracking number.. I'm starting to get worried.
I'm sorry to hear that you have problems, but it's not that hard to make yourself available for 5 minutes to write a tracking number.
If I don't receive the tracking number by tomorrow I will give you negative feedback and start a Paypal claim to recover my money back for this transaction.

regards,
Marcus

Originally Posted by DivineSmack
My apologies for the late response. The package was sent a while ago exactly as you asked. The tracking information is on the receipt in my car and I will send it to you later today. When I sent it it was by Fedex Ground as Fedex Express for the 6.75lbs package was $151 because it was international. I sent it as you asked. I was told it would arrive no later than Monday/Tuesday. It will need to be signed for. I will get the tracking information and send it to you. I apologize again for the delay in sending you the tracking I have been busy with my daughter who had an accident. I will get the information to you today.
Quote:
Originally Posted by MarcusXP
So are you going to send me the tracking number?
If you haven't shipped them yet, don't bother sending them, it's already too late, just send me a full refund

Originally Posted by DivineSmack
Yes it was sent as you requested. Fedex ExPress. Marked as Gift. $20. I will get you tracking asap.
Originally Posted by MarcusXP
What shipping carrier did you use? Can I have the tracking number, please?
Did you mark it as Gift, with $20 value?

thank you,
Marcus
 
Originally Posted by DivineSmack
The Rig Did indeed ship. It went out yesterday.

JJ
Quote:
Originally Posted by MarcusXP
Hi,

Have you had the chance to ship the items on Saturday? If not, I'd like to get a refund, because it's been already too long, and I am running late with the build, so I will buy the CPUs locally.

thank you,
-Marcus

Quote:
Originally Posted by DivineSmack
It doesnt take that long for the transfer. The transfer should be completed by tomorrow. I will make sure the item goes out as soon as its completed. Probably Saturday latest.

Quote:
Originally Posted by MarcusXP
Paypal states that it takes 3-4 business days to withdraw any money to the bank account.. can you ship them before that? I really need them by the end of next week.. I already showed you I have good feedback on Heatware and Redflagdeals and you can check with other [H] members like "Vertigo Acid" to see that I am good trader.
Also I have 271 feedback on ebay, with account "maneamaria":
http://feedback.ebay.com/ws/eBayISAP...ab=AllFeedback
Quote:
Originally Posted by DivineSmack
Sounds good. I will send it as soon as the payment clears to my bank. I will ship as you asked.
Quote
Originally Posted by MarcusXP
Payment sent!
Please follow the shipping instructions (Mark it as Gift with $20 value and state it is "Used computer parts - for parts or repair") and try to ship them as soon as possible.. I am giving the CPUs to a friend and keep the motherboards for myself. If you can ship them today or tomorrow it would be great. And don't purchase insurance please, and don't put any invoices in the box (in case they open the package). Please use Fedex Ground for shipping, not UPS. Let me know what the tracking number is, after you shipped them out.

thanks a lot!

The shipping address is:
Marius Manea

Quote:
WIll do.

Thanks.
Quote:
Originally Posted by MarcusXP
Sounds good. I am still waiting for Paypal to finish the transfer from the bank account, I will let you know as soon as I sent the payment. Please mark the items as sold/pending in the meanwhile
Quote:
Originally Posted by DivineSmack
Sounds fine. Let me know when the payment is made so I can get the ball rolling. I will put everything in an anti stat wrap, inside a box, and try to ensure its safe delivery. No insurance means if it gets screwed up along the way I can't help you.
Quote:
Originally Posted by MarcusXP
Sounds good.
But please DO NOT purchase insurance, they will charge me taxes based on that value
You can use Fedex Ground, it is pretty cheap and reliable. USPS Priority is good also.
But you need to mark the package as Gift, $20 or $30 value, and state it is "Used computer parts - for parts or repair" when you fill-in the shipping forms, so they won't charge me the import taxes
Originally Posted by DivineSmack
No Problem. Let me know when you have made the payment. I will transfer it to my account. That will take 24 hours. Once thats done I can send Via Priority mail or Fedex to you with insurance.
 
Originally Posted by MarcusXP
Hehe, don't worry about me, no scam from my side.
I have good feedback, Heatware under MarcusXP
http://heatware.com/eval.php?id=60628
RedFlagDeals forums, under MarcusXP
http://www.redflagdeals.com/forums/itrader.php?u=117261

I bought and sold quite a few items on [H] before, I believe last time I bought a Adaptec 5405 card from "Vertigo Acid", just 3-4 weeks ago.
Quote:
Originally Posted by DivineSmack
I will send out the request again to the new address. I prefer non-CC due to the number of scams running around. I am not sure about the stepping and can check when I get home.

[

QUOTE=MarcusXP]I gave you wrong Paypal address, sorry. I haven't used that in a while, I only use the email, but not the Paypal address.
The one I am currently using is: "XXXXXXXXXXXXXXXXX"
Sorry for the confusion

Quote:
Originally Posted by DivineSmack
I just sent you the request via Paypal for the payment for the Processors, Mobo, and Heatsinks.


Quote:
Originally Posted by MarcusXP
Sounds good. Can you send me a Paypal payment request to "XXXXXXXXXXXXXXXXXXXXXX?
I should be able to send the payment by the end of the week, would that be okay with you?
My cell phone is

thanks a lot,
Marcus
Quote:
Originally Posted by DivineSmack
More than likely I do have the original box and accessories. I will double check. the heatsinks are from cooljag I believe.
Quote:
Originally Posted by MarcusXP
$1700 sounds good.
Do you still have the original box and accessories that came with the motherboard?
Do you know what brand/model are the heatsinks?
Quote:
Originally Posted by DivineSmack
Marcus,
Willing to do $1700. I can part out the rig for that. LMK We can work something out. Call me XXX-XXX-XXXX
Quote:
Originally Posted by MarcusXP
Hi,

Any chance you can do $1600 shipped for them?
- Dual Socket Tyan S7025WAGM2NR
- Dual X5650 Processors (Thats 24 Cores of POWER!)

Can you include the heatsinks as well?
I live in Toronto/Canada, you can ship them USPS Priority Mail (that's the cheapest as far as I know).
I can pay using Paypal, I have the funds available.

Thank you,
Marcus
 
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@Op:
1)File a Claim.
2)Assume that the seller genuinely did not know.
3)Send it back at your expense, (which is what 20-30 dollars?) Shipping is like the gas you spend when you drive to the store.
4)They are ES so no warranty, I don't think the prospect of not having a warranty is worth 100 dollars.


@Seller: D.Smack.
1)If you genuinely did not know, it was silly of you to sell it and not take pictures of the cpu under the heatsink. It was foolish of you not to protect yourself as a seller.
2)It's extremely unlikely that you being an [H] Member for nearly 9 years, didn't use CPU-Z.
3)If i were you, I would take the 200 dollar discount and run. B/c you will not be able to sell that combo for 1500.
4)You're going to get a claim, and sadly you are not going to win.
5)Had you shipped an empty box prior to november of last year, you would of gotten to keep your money, paypal only protected those on ebay. But now they actually care about out of ebay sales.
 
1. I offered him a refund. but now he wants more.

2. His claim is for the entire amount which paypal has sent to him. So I am out $1700 and he has an entire rig for free. Marcus Fu**ed me.
 
He has to send it back, if you fear that he might screw you out of quite a bit of money, then sending him the cost of shipping via paypal, would show good faith when paypal investigates the claim. You can always call paypal and this will work in your favor.

There are risks of selling high dollar items online, when you sell something that's expensive, you have to protect yourself.
For items that are over 400 dollars, I photograph serial numbers, and even how I packaged the item.
I also provide this to the buyer prior to shipment, so there is an understanding that it will be difficult if not impossible to screw me.
I've been screwed before, so I try to protect myself.

Worse transaction ever.. I sold a headunit to some body close to a decade a go. When they recieved it they didn't like the condition, there was residue on the headunit from sound deadening. It was my fault.
I offered him a full refund, and offered to pay for shipping. He refused.
I then asked him how much time he spent cleaning it up 20 minutes, I asked him how much he makes (15/hour), I then paypaled him 10 dollars.
The buyer was still pissed, and tried to ban me from what is now a nonexistant forum.
Unfortunately, the headunit died several months later... but at that point i could not be held accountable, since there was never a warranty expressed or implied.
 
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Try calling paypal, its impossible to get through. Plus I have already paid shipping once, paypal fees once, and now he wants a full refund. Im negative already and he's had me rig for two weeks already when this popped up. So he's been what? Playing with it? Did he use it for some short term need then decide to screw me? Excuse me for wanting to punch him dead in the face.
 
1. I offered him a refund. but now he wants more.

2. His claim is for the entire amount which paypal has sent to him. So I am out $1700 and he has an entire rig for free. Marcus Fu**ed me.

No, the payment is in a state of limbo. He doesn't have your money, paypal does until this is resolved. He does not have free parts, and in fact, the only part that Marcus really owns is the motherboard. $1700 for a motherboard? That's crap no matter how you look at it.

1: You should have been on top of the ball with communication. Imagine if you were paying this much for something, and things took much longer than expected without communication.

2: Your claim that you didn't know they were ES processors is bullshit. CPU-Z and the heat spreader tell you that it's ES, and it's against the law to sell them because they are the sole property of Intel. They were loaned to somebody at some company. Agree to the full refund, get the parts back, and then bend down and kiss Marcus's shoes for not reporting you to the authorities. Simply owning those could be cause for action (from Intel) for receiving stolen goods, and trying to sell them is even worse.

3: Even after this is settled... Good luck gaining respect back from the community. "I didn't know that I was selling ES chips" isn't a defense for the accusation, it's an admission of stupidity.
 
Yeah, well, if you offer a full refund, you get your fees refunded.
So right now... you can spend 20-30 dollars, and then know that you will get your motherboard combo back.

Again, if on the claim he requests 200 dollars, I would give the 200 refund through the claim, to end the problem.

Next time, protect yourself.

If the units are ES, then you won't get 1500 for the combo. So you still win.

If you think that he's switching the cpus... and you never looked, and you have no proof otherwise, then you don't have a leg to stand on.

Paying for shipping, or refunding the 200.. since you can be certain that he's going to send you the motherboard with ES cpus... leaving you in a predicament for a future sale.. is a good albeit unpleasant deal.
 
3: Even after this is settled... Good luck gaining respect back from the community. "I didn't know that I was selling ES chips" isn't a defense for the accusation, it's an admission of stupidity.

Oh man that is funny.:D:D

@Seller:
Remember that the buyer can point to this thread... and it doesn't look all that good for you.
Issue a partial refund, you should have that option if he filed the claim correctly.

Call it blackmail, but you failed to protect yourself. Everything that has gone into this are "sunk costs", and they should not affect your decision.
 
You're in the negative because you didn't properly represent what you were selling and you basically illegally sold cpu's that you don't even own. You did not own these CPUs, Intel owns them and you have no right to sell them.
 
Paypal won't give you your money back, he provided tracking information. Never buy high end, used PC parts via PayPal. The 5650s sell new for $1070, you didn't really get a bad deal. I'd just prefer to buy new with a warranty. He can claim he sent non ES samples. But normally sellers don't wait to ship items, as long as you didn't pay via a bank transfer (which takes up to three days to clear), it should have gotten into his account instantly. Waiting until he transferred the money out and to his bank is rather suspicious. PayPal can't really get the money back once it leaves, they may take him to collections though.
 
I have offered him his originally asked for $200. The reason i transferred it was because I suspected he would do something like this and I didn't know if it was CC backed paypal. Its my understanding that they will simply deny the funds or charge me back (which paypal has done anyway) and then he ends up with my machine and all his cash. All I can say is that for now it looks like Im out $1700 plus a $1700+ machine. Marcus must be laughing right now. I hope his hair catches fire on the way to hell.
 
Try calling paypal, its impossible to get through. Plus I have already paid shipping once, paypal fees once, and now he wants a full refund. Im negative already and he's had me rig for two weeks already when this popped up. So he's been what? Playing with it? Did he use it for some short term need then decide to screw me? Excuse me for wanting to punch him dead in the face.

When you issue a refund via paypal using the original transaction..there's a little pulldown for "refund" and "tracking" and maybe a third thing.

So you go to the original payment of 1700, issue a refund in full or in partial. And paypal fees should adjust to the amount you end up receiving. If that refund ends up being for the full amount, they should collect no fees. At that point you would be out shipping costs......and that's up to you to resolve who pays what in regard to shipping.

Someone more knowledgeable in Paypal can tell you if my understanding is correct or not.
 
ND40oz I didnt misrepresent what I sold. I was very upfront with him. I told him several times I had no idea what stepping the CPU's were. I did not look at them. Plus I still dont know that he's simply trying to pull one over on me by simply taking pictures he found online and showing them as the ones he has. Since I didnt check mine Im screwed. he had to know that he could do this when I told him I didnt know the stepping.
 
DivineSmack:
Have you transfered any money to him?
Did you send him 200 dollars in a separate transaction?
Did he request a 200 dollar refund in his claim?

You're going to have to get on the phone with paypal, during business hours, I don't know about you.. but I don't make 1700 dollars in two or three hours. So it's worth your time.
 
he requested $300 in paypal so I offered him $200 as per the e-mails he sent. Its waiting his approval.
 
ND40oz I didnt misrepresent what I sold. I was very upfront with him. I told him several times I had no idea what stepping the CPU's were. I did not look at them. Plus I still dont know that he's simply trying to pull one over on me by simply taking pictures he found online and showing them as the ones he has. Since I didnt check mine Im screwed. he had to know that he could do this when I told him I didnt know the stepping.

Yes, you clearly misrepresented what you sold. It's on you to know if you're attempting to sell something you don't even legally own. Where did you get the chips from, some other combo you bought from someone else out in cyberspace and you never bothered to check what you purchased? Who's fault is that?

And he's an even bigger idiot if he just accepts $200 back from you, he should send the whole thing back and you should refund him everything including shipping.
 
ND40oz you still assume two things:

1. That I knew they were ES which I did not

2. That what I sent him was ES which I dont think I did but have no way of proving.
 
ND40oz you still assume two things:

1. That I knew they were ES which I did not

2. That what I sent him was ES which I dont think I did but have no way of proving.

I'm not assuming anything. You stated you were selling X5650s when you really had no idea what you were trying to sell. You're the one who apparently assumed that you had retail or oem X5650s when in fact you never bothered to check by your own admission.
 
I am still wondering how the CPUs were originally purchased by Divinesmack. Did you buy them in a combo already assembled? Were they given to you? Did you buy them from a retail chain?

If you bought them from someone else as full fledged retail units.....you should be raging at the original seller. Because you might as well have bought stolen goods, since they technically belong to Intel.

Without proof via pictures you don't know if he swapped the CPUs. However if you bought them from somewhere you should be able to contact that retailer and ask if it's something they've done mistakenly before and see if they will help you get legitimate retail units via Intel.

One would hope if you paid retail price over a year ago that the CPU is now significantly cheaper for them to cough up retail replacements for a screw up.
 
ND40oz you still assume two things:

1. That I knew they were ES which I did not

2. That what I sent him was ES which I dont think I did but have no way of proving.

So if by chance you sold something that was stolen and get caught. Your going to tell the cops you had no idea it was stolen and expect to get off free? Then say the buyer switched what you sold to him with the stolen stuff but have no proof what you sold wasnt stolen??

Doesnt matter if you knew they were ES of not. You didnt label it as a ES so therefore misrepresented what you sold.
 
Send him the $300. You're going to get yourself even more raped by holding out over $100. Then you have to hope he doesnt ship you a box of rocks back when paypal sides in his favor for a full refund. Hell if he doesnt care about his paypal or credit score he could go drain his bank account right this second and youll be boned even if paypal sides in your favor.

Cut your loses. Even if he is taking you for a ride and you did send him non ES chips you're still at fault here.

These ES chips pop up on ebay for dirt cheap every now and then. $200 or even $300 off is more than reasonable.
 
ES - x6850 sold on ebay for 645 a pop. w/ free shipping
The Tyan S7025WAGM2NR, has no sale history on ebay so it's hard to guess at the Value.
But if it sells for 500, then it should fetch 350.
So total ebay value of 1640
or about 1508 after fees. (not including paypal fees).

Settling at 1500 is not at all unreasonable. Since there is not sufficient history to gauge at actual value.

Give the buyer sufficient time to respond.
 
As a seller, you should already be aware of paypal fees when you accept paypal payment. That is on you alone, there is no way you can blame the buyer for that.

The 1700 is in limbo, owned by paypal. Neither of you have the money. If you refund all the money, then the paypal fees get refunded as well. You'll just be out the cost of shipping.

It's kinda stupid that you don't know those were ES chips. There is only one way that you didn't know that, and that is to have received it as a combo from another seller, and took their word for it as to what it was, and didn't bother to check. That fault also entirely lays on you. If Marcus really was cheating you and switched out the chips, then you didn't do a proper job of protecting yourself when selling a high-value item.
 
So let me make a quick review of the whole story, as he did copy-paste of messages that might not make sense for everyone:

- Payment sent on the 14h (Thursday) and cleared the same day. I asked the seller to ship the package as soon as possible, as I needed the parts for my new build. He replied saying that I will have to wait until the money is withdrawn from Paypal to his bank account. He never mentioned that detailed before the transaction, and it's first time when someone is requesting something like this, and I've been dealing quite a number of times before. I said fine, as long as long as I receive it next week.
- Few days pass and I keep asking if the payment has been cleared. Finally he says that the package has been shipped, but he didn't provide any kind of tracking information. I keep requesting the tracking number and he invokes all kind of reasons. I'm patient, so I wait. I know that people are busy, they have other things to do in the meanwhile.
- Finally, after other few messages without answers or late answers (2-3 days delay), on Monday 25th he gave me the tracking number (Fedex 804255715022856)
- Next day (Tuesday 26th) I receive the package. I try to install the motherboard into a Lian-Li PC-V1110 case, but the system doesn't post at all. After struggling a several hours, trying various memory chips and power supplies, eventually the system starts (but I had to take the motherboard out of the case first.. that was weird).
- Two days later (Thursday 28th) I take the heatsinks out to clean-up everything before finishing installing the rig (the board and heatsinks were a bit dusty). This is when I found out that the CPUs were Engineering Samples and I messaged the seller about it, asking for full refund or partial refund.
- He replies next day which is Friday 29th, saying that the ES are as good as retails and he won't refund or anything like that. Then I opened the thread here and you guys know the rest. As result of the advices received here, I opened the Paypal claim and I requested partial refund of $300 from the original amount or full refund and I ship everything back. I requested $300 not $200 as I initially intended, as some users here suggested $200 might be too low considering that the CPUs don't have warranty and basically no resale value and possible issues with the law if I ever try to sell them.

<<And on top of that, he would like to punch me in the face >>
He has the nerve to claim that he never knew these were engineering samples, when in fact these CPUs are installed with 3rd party heatsinks (Thermaltake). I guess the heatsinks installed themselves, without his intervention? And from the amount of dust on them it is clear that they ran for a couple of weeks at least, during which time he never bothered to see what kind of CPUs he is running? How did he buy the CPUs in the first place? I don't believe they came installed on the motherboard with heatsinks installed on top of them - like I bought them from him, and he never bothered checking them? That's bullshit, sorry, I don't buy it. And from his reply, it is pretty clear that HE KNEW he was selling ES-es, he never even tried to deny that - until now. He just tried to convince me that the ES-es are as good as the retail, maybe even better.
YOU ARE FULL OF CRAP, DIVINESMACK! YOU DESERVE A DIVINE SLAP ON YOUR FACE, YOU LIAR AND DECEIVER!
 
Asking for a refund of $100 each seems like you are more than willing to keep them. They were never advertised as retail or ES for that matter, you did receive a motherboard and two CPUs as agreed. You didn't specify what stepping CPUs you wanted in the deal and he didn't detail it.

There was no lie, OP was wronged slightly, the seller is under no obligation to do anything, OP should just deal with it.
 
So let me make a quick review of the whole story, as he did copy-paste of messages that might not make sense for everyone:

- Payment sent on the 14h (Thursday) and cleared the same day. I asked the seller to ship the package as soon as possible, as I needed the parts for my new build. He replied saying that I will have to wait until the money is withdrawn from Paypal to his bank account. He never mentioned that detailed before the transaction, and it's first time when someone is requesting something like this, and I've been dealing quite a number of times before. I said fine, as long as long as I receive it next week.
- Few days pass and I keep asking if the payment has been cleared. Finally he says that the package has been shipped, but he didn't provide any kind of tracking information. I keep requesting the tracking number and he invokes all kind of reasons. I'm patient, so I wait. I know that people are busy, they have other things to do in the meanwhile.
- Finally, after other few messages without answers or late answers (2-3 days delay), on Monday 25th he gave me the tracking number (Fedex 804255715022856)
- Next day (Tuesday 26th) I receive the package. I try to install the motherboard into a Lian-Li PC-V1110 case, but the system doesn't post at all. After struggling a several hours, trying various memory chips and power supplies, eventually the system starts (but I had to take the motherboard out of the case first.. that was weird).
- Two days later (Thursday 28th) I take the heatsinks out to clean-up everything before finishing installing the rig (the board and heatsinks were a bit dusty). This is when I found out that the CPUs were Engineering Samples and I messaged the seller about it, asking for full refund or partial refund.
- He replies next day which is Friday 29th, saying that the ES are as good as retails and he won't refund or anything like that. Then I opened the thread here and you guys know the rest. As result of the advices received here, I opened the Paypal claim and I requested partial refund of $300 from the original amount or full refund and I ship everything back. I requested $300 not $200 as I initially intended, as some users here suggested $200 might be too low considering that the CPUs don't have warranty and basically no resale value and possible issues with the law if I ever try to sell them.

<<And on top of that, he would like to punch me in the face >>
He has the nerve to claim that he never knew these were engineering samples, when in fact these CPUs are installed with 3rd party heatsinks (Thermaltake). I guess the heatsinks installed themselves, without his intervention? And from the amount of dust on them it is clear that they ran for a couple of weeks at least, during which time he never bothered to see what kind of CPUs he is running? How did he buy the CPUs in the first place? I don't believe they came installed on the motherboard with heatsinks installed on top of them - like I bought them from him, and he never bothered checking them? That's bullshit, sorry, I don't buy it. And from his reply, it is pretty clear that HE KNEW he was selling ES-es, he never even tried to deny that - until now. He just tried to convince me that the ES-es are as good as the retail, maybe even better.
YOU ARE FULL OF CRAP, DIVINESMACK! YOU DESERVE A DIVINE SLAP ON YOUR FACE, YOU LIAR AND DECEIVER!

I would have been suspicious after he said that he would take the money out of paypal and put it in his bank account. If he took that much precaution to ensure that he would be protected, there is absolutely no reason IMO that he wouldn't have know about the chips being ES in the first place. From his responses to you, It seem like he did know that they were ES and still tried to mislead you saying Intel sells them etc...
 
I find it suspicious that the buyer is even willing to keep the CPUs at all if he was indeed shipped engineering samples.
 
Since the 2 parties are in communication now, lets keep the chatter down so that they may work this out amongst themselves
Thanks
 
I find it suspicious that the buyer is even willing to keep the CPUs at all if he was indeed shipped engineering samples.

Call me lazy, but I don't like to keep mounting-unmounting PC parts and shipping them back. And the CPUs are working, and I am planning to use them, not resell them.
But I let him decide whatever he wants to do. Either full refund and ship back everything, either refund $300 and I keep and use the parts.
I can live with either option. If he sends full refund I will have to start looking for other parts, that means other hassles, and so on. I already installed them, so that means more hassles to uninstall everything, pack them and ship them.
Not sure why it sounds "suspicious" to you. I am flexible, I let him choose whatever option he prefers.
If he does full refund, the Paypal fees are refunded as well, so he doesn't loose anything form that amount. He will loose the shipping costs (two times, if he agrees to pay for shipping back), which is acceptable loss as result of his stupidity.
If he does partial refund, Paypal still refunds some of the fees (so he won't refund $300, but something less than that). And that means he sold the two ES-es and the motherboard for $1400 which isn't bad a bad deal for him considering the CPUs are ES-es.
Either way, I let him choose.
 
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