Elk County Ammo & Arms

Dear Representative Revdex.com of Western Pennsylvania:
In response to letter received from the Revdex.com of Western Pennsylvania dated 06/05/
and ID #***In reference to complaint filed through the Revdex.com Of 06/05/at
2:37:PM pertaining to product
issue
Or’ 5/customer placed order to purchase Smith&Wesson firearm SKU#* ***
Model from registered site “***” Customer was contacted via email as
well by phone on 05/to complete sales transactionCustomer paid by Visa in
the amount of $which also included $cost for shipping and handling
Firearm was disposed of inventory (serial number: ***) and transferred to customers
requested FFL dealer located in Westerville, OH
Firearm (serial number ***) was inspected and installed in the factory hard case
containing 2” of protective padding, Moreover at this time there was no damage to noted
firearm and was in factoiy new conditionFirearm was professionally packed/shipped on
05131/using UPS shipping standards and shipped UPS 2nd day air signature
required (tracking number *** ***)Firearm ***) was
processed through UPS’s shipping department and was delivered on 06/04/at
1:03pm to destination in Westerville, OH
Customer contacted sales department on 06/04/via email at 1:22pm; stating that
he had been contacted by receiving dealer that noted firearm was received damaged
Elk County Ammo and Arms sales department contacted customer and instructed
customer to leave damaged firearm at receiving dealer until packaging could be
inspected by shipping company (UPS) to ensure that firearm was not damaged during
shipping processCustomer was made aware that he was taking responsibility of any
damage to noted firearm if removed from receiving dealer prior to inspection by ups
representiveCustomer sent pictures of damaged (cracked) wooden revolver grips on
noted firearm on 06/04/and requested a discount to purchasing price of $
Request for discount was declinedHowever Elk County Ammo and Arms offered to
resolve issue in the following manner; customer option one, customer could be refunded
full amount of charges ($1,029.99)Second customer option was that Elk County Ammo
and Arms would contacted Smith and Wessget as replacement set of grips
Customer states that he needed a day to make a decisionAt this time customer was
again instructed to leave firearm at receiving dealer until issue was resolvedI contacted
customer on 06/06/as well as on 06/On 06/09/customer stated that
a discount was his only resolution to the situationAt this time I instructed the customer
that since we (Elk County Ammo and Arms) and customer were unable to resolve the
issue that I would send a UPS call tag to return damaged firearmFurthermore I would
reimburse customer in lull amount ($1,029.99)At this time customer informed me that
he had taken ownership of firearm from dealer and firearm was at customers residence
Furthermore all packing used during shipping was thrown out I informed customer that
Elk County Ammo and Arms had requested multiple times that firearm stay with
receiving dealer until issue was resolvedMoreover since he had taken ownership of the
noted firearm Elk County Ammo and Arms was unable to have the firearm simply
shipped back, it was now registered in the state of OhioI assured customer that I would
help with getting as replacement set of grips from Smith and Wesson, customer
declined
I contacted receiving dealer, dealer stated that grips were cracked when they received firearmThere was no damage to shipping container or revolver hard caseHe did state that firearm was packaged well and from his past experience crack appeared to be a stress crack from retaining screw being over tightened at factoryFurthermore he stated that customer was unconcerned and took firearm home at his first visit, not days later as he had statedCustomer also stated to dealer that there was no concern to him because he would just have the grips replacedHope this helps you complete this case quicker, feel free to contact me with any questions you may have

Mr. [redacted]  reply, is largely unresponsive the crux of the issue in the complaint.  The information he is communicating regarding the dealer, is the same information that I communicated to both [redacted] and himself over the phone and in writing: that I nor the dealer were responsible for the crack.  Over the phone Mr. [redacted], alluded to the fact that "myself, the dealer, or the postal carrier could be responsible for the crack."  The attached photo is the photo that Elk County advertised to sell the gun, which is after the gun left the manufacturer.  There is clearly no crack in the displayed handle.  This pretty much rules out the manufacturer tightening the screw explanation.  Secondly, the gun that actually was received had different grips altogether and dried glue in the crack, where it looks as if someone made an attempt to repair it after it left the dealer.  My FLL dealer did not have the original advertised photographs, I saved all of the advertised photos once I paid for the firearm in case it showed up in a different condition than was advertised, which it did and that is why I am presenting it as proof.  The information Mr. [redacted] communicated about me seeming unconcerned when I picked the gun up at the dealer is irrelevant.  Why would I express concern to the dealer, the dealer's only involvement with this issue is the assurance that they did not damage the firearm and that the firearm showed up to them damaged.  After I had the information from the dealer about the shipping, what other reason would I have to communicate my issue with Elk County with them?  At this point, I had already received assurances from [redacted] from Elk County that they would take care of the issue, there was in fact no reason for me to seem concerned at the dealer.  Another irrelevant response was the date I picked-up the item.  I picked up the item the same day the dealer communicated that it was shipped, all of this is clearly evident in the chain of emails between myself and Elk County and not in dispute.  The timeline I included in my complaint starts with the date of purchase and payment and includes shipping and pick up which the entire course of events took place over these several days but the timeline has nothing to do with the misrepresentation, which is in dispute and needs to be responded to.               
Mr. [redacted] was not responsive to the actual disputed issues, which are: (1) The undamaged gun that was advertised on Guns International is not the gun that was actually shipped and received.  [redacted] (Elk Co.) indicated over the phone: "I am looking right at the gun and it is fine".  This would induce any reasonable purchaser to believe that the merchant is assuring the merchantability of this firearm is new and undamaged.  However, the gun showed up damaged (as the pictures show), which is at minimum a material misrepresentation of the merchantability of the item.  (2) When I spoke to [redacted] before picking up the gun she indicated over the phone that they could take care of the repair and it would not be a problem.  However, when I spoke to [redacted] over the phone (the next day), he communicated the polar opposite of [redacted]'s promise which I relied upon in picking up the firearm.  [redacted] stated exactly: "once you pick it up there is nothing that I can do for you." (3) Responding to the requested repayment amount for their willful refusal to honor a promise to repair the gun which I had to do individually.  They misrepresented and received payment for a new and undamaged item; yet, I actually received a damaged item, I would like that amount refunded.

Review: Company: Elk County Ammo and Arms; Address: [redacted]; website: http://www.ammoandarmsstore.com/ Elk County Ammo and Arms advertised a new and undamaged Smith & Wesson model 627-5 Revolver pistol (Serial number [redacted]). I saved the pictures from the original advertisement, which shows the gun as new and undamaged, proving that it was not a manufacturer defect. I originally spoke with the internet sales person [redacted], she indicated that she was "looking right at the gun" and it appeared fine. I purchased the gun on 5/31/2014 for $1,030. I had the gun shipped to my dealer [redacted]. When the gun arrived yesterday 6/4/2014, my dealer called me immediately and told me that as soon as they opened it, they noticed a cracked handle on the gun. I took pictures when the gun arrived and there were about 5 witnesses in the store that saw me open the gun, proving that I did not damage the gun (I can contact these people if necessary). The pictures show that the damage was noticeable at a glance. I have no prior relationship with Aumiller, I only selected them because their transfer price was inexpensive. I spoke with [redacted] yesterday, who indicated they could have Smith and Wesson pick the gun up from myself or the dealer. Relying on this promise, I picked the gun up. [redacted] (owner) called me back today and attempted to retract that promise, stating the polar opposite: "once you picked the gun up, there is nothing that I can do." I detrimentally relied on this promise and the promise in the advertisement. [redacted] further refused to offer any other reasonable solution. I am a reasonable customer, who is not asking for something for nothing. I am offering a reasonable solution (below) before drafting and filing a complaint in PA court.Desired Settlement: 10-15% ($103-$154.50) price reduction refunded to my card or via check for material breach of contract, knowingly or negligently selling a damaged firearm as new and unused. I am not asking for something for nothing, just a reasonable reduction for (1) selling a damaged gun as new & unused, I did not actually receive a new gun, therefore I should not pay for the price of one; (2) Loss of enjoyment & hassle of getting it repaired myself due to their willful refusal to do so.

Business

Response:

Dear Representative Revdex.com of Western Pennsylvania: