Hoff Online Auctions

Initial Business Response /* (1000, 5, 2016/01/26) */
Hoff Online Auctions has received the complaint from the mentioned customer regarding his experience buying a used CNC machine via online auction. The customer purchased a Fadal cnc machining center from one of our public online auctions in May...

of 2015. We would like to address all parts of this customer's experience, as they are our largest asset.
First, some background about the auction buying process. It is important to note that there were 2-weeks of open bidding and a live inspection day for any interested parties to inspect the machinery at this auction. To the best of my knowledge, this customer did not take advantage of this preview or call to inquire about the machine. In addition, when all of our bidders register and place their 1st bid in any auction, they are asked to agree to our terms & conditions. Below are (2) excerpts from our terms & conditions that specifically address the customer's concerns.
7. CONDITION OF LOTS: Bidders shall examine or inspect items prior to the day of the auction. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER SELLER NOR Hoff Online Auctions MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ASSET. Hoff Online Auctions AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No allowance will be made for errors in cataloging, genuineness, defects, or imperfections not noted.
18. MISPRINTS: Hoff Online Auctions relies on information about assets in the auction provided by the seller and undertakes no investigation of that information. Hoff Online Auctions shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot, and makes no warranty therewith. Hoff Online Auctions will announce any additions to or deletions from the catalog on the day of the auction. The auctioneer assumes no responsibility for, and makes no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders obligation to verify such descriptions prior to the auction.
These terms & conditions are standard practice among the vast majority of auctioneers in the metalworking industry. With that said, we are sensitive to our customers needs and make efforts to assist them when appropriate.
We have made previous accommodations to this seller concerning this sale. Prior to the sale closing, we adjusted the auction checkout times, which resulted in no Saturday pickup. The customer contacted us and was not happy about the change and said it was an inconvenience to change his schedule. We offered a $200 discount to his invoice, which he accepted. From what I understand, he personally drove to the auction site and picked up his machine and other items during the advertised checkout period.
All seemed satisfied after the discount had been made and the items picked up from the site. Approximately six months later the customer contacted us regarding some discrepancies in the description provided and what he had observed on the machine. Specifically, the number of tools the ATC would hold and the spindle HP. First, the tool changer had a misprint, it was in fact a 16-tool carousel, not a 21. Although unfortunate, the tool changer was clearly shown to be a 16-place changer in a few of the 17 pictures we posted online for that particular machine. Second, many of our descriptions are described directly from the manufacturer's sales brochures, as we did in this instance. The factory sale brochure only listed 7.5HP motor for this machine.
The customer contacted us via email about these concerns and then we spoke on the phone after the complaint was filed. He first asked for $1,500 as compensation for the misprint, as he indicated a phase converted was purchased for a 7.5 HP machine, not a 5 HP machine (this seems to be the main concern). Then in this complaint, he has now asked for $2,500 for the misprint.
To resolve the issue, we (Hoff Online Auctions) have offered to sell his machine, free of charge, in one of our upcoming auctions, provided that the customer can have the machine delivered to our facility. We did not feel that a monetary payment was appropriate in this situation, due to the fact that the phase converter, presumably, was purchased after the customer had paid for and taken possession of the mentioned machine. This resolution has been explained in a voice mail to the customer.
Again, we value our buyers and strive to have the most accurate information posted on all items we auction. Once in a while, standard machines may have been altered by previous owners, unknown to us. This is the reason that we have live previews staffed by our employees, to help answer any questions a customer may have. In addition, it is explicitly stated that all items sold are "as-is where-is with all faults".
Initial Consumer Rebuttal /* (3000, 7, 2016/01/28) */
(The consumer indicated he/she DID NOT accept the response from the business.)
It is not easy to inspect a machine tool that is 9hrs away because this sold at a Kansas City business. They deal with machine tools all the time so they should of easily been able to determine what HP the machine had and what number of tool changer it had. The listing was black and white as to what the machine had for options. In order for me to get the proper HP that I ordered (not even counting the tool changer) it would cost me $4200 plus labor (I found this out after my initial request of $1500 which they ignored me after that email). Now they want me to ship it to their auction house (at my expense) after I already paid for loading and shipping to get it here because they listed a machine incorrectly. I of course do not accept this offer and I will be taking further measures since they don't seem to be taking me seriously and like to ignore their customers after a sale.