SB Tree Care Inc

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
MrM*** has a hard time with the facts of this situationHe hangs his hat on a delayed payment, a payment with was mostly delayed because I suspected his ad on Ebay and he asked for verification of the unit before I wired him the money, only to find out the lift the I bought is different that the lift in the adThe lift in the ad on Ebay was in much better condition and indicated that it had the powered extension option that he also verified in his email to mePlease see the attached picsThe lift in the ad has model on the side and the lift I received is a lift in much worse conditionThe pictures on the Ebay ad clearly indicate the wiring and control box that would be on a machine with a powered extension, which again in assured me it had in his message to me. MrM*** indicates that he has "had it with me." I am sure he has, no one in my experience likes being caught in a lieTo this day MrM*** refuses to admit that the lift I received is different than what was in the adThis is clearly a lie and part of his attempt to defraud meI hope is response to the situation is a clear indicator to you of his poor customer service and his intent to defraud me
Regards,
*** ***

This whole matter arose from a Skyjack Scissor Lift that was won, via auction, on eBay.? The winning bid was $4,700.? The auction for this item ended on Friday December 1st.? We require payment within hours of auction close.? We also state there are no returns or exchanges,
items are sold without any warranty expressed or implied.? These are our eBay payment terms and were listed in this auction:If you have questions, or would like to schedule a time to inspect the machine, PLEASE do so prior to the end of the auctionSuccessful bidder is required to pay in full via bank wire transfer, cashiers check or cash within hours of auction endingWe are happy to assist with a freight quote and loading the machine, but buyer is responsible for paying their own freightPlease note that buyers in PA will be required to pay state sales tax unless you furnish us with a tax exemption form.Auction ended on 12/1.? Payment would be due on 12/4.? On 12/4, the buyer said he wanted to see additional pictures of the data plate which included the Serial Number before sending payment.? As detailed above, we expressly stated to PLEASE ask questions, etcprior to the end of the auction.? Once the proverbial hammer falls, the bidder is the owner of this machine, so it is very important to ask questions, express concerns, etcbefore the auction close as it is a binding agreement.? Despite him breaking our terms, we provided him with the information he requested.? On 12/I sent the buyer the picture that he was waiting for.? Five days later on 12/I followed up with the buyer regarding his overdue payment.? He said the bank has now mailed him a check for the purchase amount instead of wiring the funds to us.? I told him that was okay and we understand these things happen.? Finally on 12/13.? Days after the end of the auction we received payment.? The buyer explained that he was having a hard time finding an affordable freight option and I told him he was welcome to keep the machine on our yard as long as he needed.? On Wednesday 12/20, the buyer sent a truck in to pick the unit up.? On 12/The buyer emailed me the following.The lift was delivered todayI have an issue thoughThe extension is not powered, you advised that it wasAnd it’s not the same lift as in the pics? And not in as good of condition? What’s going on here?? Please adviseIt cost me a grand to get this up here and it’s not the lift in the pic?Mr*** above made the accusation that I assured him the extension is powered.? I NEVER did that, please see attachment? I told him the truth which was I didn't know but thought it was.? I called Mr*** on the phone to attempt to talk this through and reach a solution but all he wanted to do was argue over whether it was the same machine.? Let me be very clear, we never advertised this machine to include a powered extension.? Despite this, I told Mr*** that if he wanted to ship his unit back, at his expense, I would be willing to swap him out for another unit at our yard, if we did in fact have one available that included a powered extension.? On that same email I asked the buyer what is it that he wants so that he is happy?? This is his direct response verbatim.Please don’t compare my slightly delayed payment to your fraudulent representation of the machine in your adI’m opening a case with EBayIt’s not the same machineI responded, "Nothing fraudulent happened, I offered to help, if this is how you choose to handle it that is fine".? Later that day, Mr*** emailed us back and asked for a $1,refund to cover the cost of his freight or to send a truck to pick it up and refund his money.? He said he hoped we could find a way to resolve this without involving eBay and Attorneys (even though he already told us days prior that he had reported us)At this time it was very clear to us as a business that Mr*** is nothing more than an opportunist and that he was trying to shake us down for money.? We feel that he deserved no refund as he bought the machine as is/where is in an online auction.? We care about our name and reputation, so perhaps against our better judgement we agreed to refund him $1,if he would agree to remove his negative feedback on eBay and sign an agreement that this would be fully satisfied.? Claimant agreed to this, I told him we would be closed for the Holidays and would send him the document when we reopen.? He said that was fine.? On Jan 4th, the form was sent to him.? I told him we would send him a check after he signs and returns the agreement to us.? On the form, it was our duty to explain in detail what transpired.? Part of this was the Claimant's late payment and his decision to forego inspecting the machine in person.? He responded and said he would not sign the form with the "poke" about the late payment included.? He said if I would remove that paragraph he would sign itI responded and told him it wasn't intended to be a poke, but his very late payment, that broke our terms of the sale,? was part of this transaction and needed to be included.? Claimant then emailed me again and asked to remove the portion.? I discussed this issue with my advisors and we concluded that we would not remove that, why should we have to omit the truth just to satisfy the buyer?? I told Claimant that we would not amend the form, and if he wants a $1,refund, he will need to sign it as is.? He then responded again that he was reporting us to eBay.At this point, we have had enough, we have bent over backwards for this customer and have had enough of his threats.? I told him, in that case we are rescinding our offer for your $1,refund.? He then said our letter is a flat out lie and proof to him that this transaction was intentionally fraudulent.? He said again that he had reported us to eBay and he would take any action necessary to recover his money.? I told him that we are a family owned business and we don't lie to sell our equipment, it isn't necessary.? We have been in business for over years and have a great reputation in our industry.? We have done all we can do to settle this peacefully.? We are adamant that we acted in accordance to the law and didn't deceive Mr*** in any way.? It is our impression that Mr*** was trying to extort us for money through threats of bad feedback and disparaging comments on the internet, etc.? We are not going to be taken advantage of and are prepared to vigorously defend ourselves to the fullest extent of the law.? To add to this, in his Revdex.com Complaint, the Claimant states that I assured him the extension was powered.? Please see attached photo, I removed Claimant's name for privacy.? This is a screenshot he sent me from his phone? I said I think it was.? This man isn't telling the truth and we ask the Revdex.com to remove this claim.? Also, for the record, our eBay feedback rating is 100% positive?

This whole matter arose from a Skyjack Scissor Lift that was won, via auction, on eBay.  The winning bid was $4,700.  The auction for this item ended on Friday December 1st.  We require payment within 72 hours of auction close.  We also state there are no returns or exchanges,...

items are sold as-is without any warranty expressed or implied.  These are our eBay payment terms and were listed in this auction:If you have questions, or would like to schedule a time to inspect the machine, PLEASE do so prior to the end of the auction. Successful bidder is required to pay in full via bank wire transfer, cashiers check or cash within 72 hours of auction ending. We are happy to assist with a freight quote and loading the machine, but buyer is responsible for paying their own freight. Please note that buyers in PA will be required to pay state sales tax unless you furnish us with a tax exemption form.Auction ended on 12/1.  Payment would be due on 12/4.  On 12/4, the buyer said he wanted to see additional pictures of the data plate which included the Serial Number before sending payment.  As detailed above, we expressly stated to PLEASE ask questions, etc. prior to the end of the auction.  Once the proverbial hammer falls, the bidder is the owner of this machine, so it is very important to ask questions, express concerns, etc. before the auction close as it is a binding agreement.  Despite him breaking our terms, we provided him with the information he requested.  On 12/6 I sent the buyer the picture that he was waiting for.  Five days later on 12/11 I followed up with the buyer regarding his overdue payment.  He said the bank has now mailed him a check for the purchase amount instead of wiring the funds to us.  I told him that was okay and we understand these things happen.  Finally on 12/13.  12 Days after the end of the auction we received payment.  The buyer explained that he was having a hard time finding an affordable freight option and I told him he was welcome to keep the machine on our yard as long as he needed.  On Wednesday 12/20, the buyer sent a truck in to pick the unit up.  On 12/22 The buyer emailed me the following.The lift was delivered today. I have an issue though. The extension is not powered, you advised that it was. And it’s not the same lift as in the pics? And not in as good of condition? What’s going on here?  Please advise. It cost me a grand to get this up here and it’s not the lift in the pic?Mr. [redacted] above made the false accusation that I assured him the extension is powered.  I NEVER did that, please see attachment.   I told him the truth which was I didn't know but thought it was.  I called Mr. [redacted] on the phone to attempt to talk this through and reach a solution but all he wanted to do was argue over whether it was the same machine.  Let me be very clear, we never advertised this machine to include a powered extension.  Despite this, I told Mr. [redacted] that if he wanted to ship his unit back, at his expense, I would be willing to swap him out for another unit at our yard, if we did in fact have one available that included a powered extension.  On that same email I asked the buyer what is it that he wants so that he is happy?  This is his direct response verbatim.Please don’t compare my slightly delayed payment to your fraudulent representation of the machine in your ad. I’m opening a case with EBay. It’s not the same machine. I responded, "Nothing fraudulent happened, I offered to help, if this is how you choose to handle it that is fine".  Later that day, Mr. [redacted] emailed us back and asked for a $1,000 refund to cover the cost of his freight or to send a truck to pick it up and refund his money.  He said he hoped we could find a way to resolve this without involving eBay and Attorneys (even though he already told us days prior that he had reported us). At this time it was very clear to us as a business that Mr. [redacted] is nothing more than an opportunist and that he was trying to shake us down for money.  We feel that he deserved no refund as he bought the machine as is/where is in an online auction.  We care about our name and reputation, so perhaps against our better judgement we agreed to refund him $1,000 if he would agree to remove his negative feedback on eBay and sign an agreement that this would be fully satisfied.  Claimant agreed to this, I told him we would be closed for the Holidays and would send him the document when we reopen.  He said that was fine.  On Jan 4th, the form was sent to him.  I told him we would send him a check after he signs and returns the agreement to us.  On the form, it was our duty to explain in detail what transpired.  Part of this was the Claimant's late payment and his decision to forego inspecting the machine in person.  He responded and said he would not sign the form with the "poke" about the late payment included.  He said if I would remove that paragraph he would sign it. I responded and told him it wasn't intended to be a poke, but his very late payment, that broke our terms of the sale,  was part of this transaction and needed to be included.  Claimant then emailed me again and asked to remove the portion.  I discussed this issue with my advisors and we concluded that we would not remove that, why should we have to omit the truth just to satisfy the buyer?  I told Claimant that we would not amend the form, and if he wants a $1,000 refund, he will need to sign it as is.  He then responded again that he was reporting us to eBay.At this point, we have had enough, we have bent over backwards for this customer and have had enough of his threats.  I told him, in that case we are rescinding our offer for your $1,000 refund.  He then said our letter is a flat out lie and proof to him that this transaction was intentionally fraudulent.  He said again that he had reported us to eBay and he would take any action necessary to recover his money.  I told him that we are a family owned business and we don't lie to sell our equipment, it isn't necessary.  We have been in business for over 20 years and have a great reputation in our industry.  We have done all we can do to settle this peacefully.  We are adamant that we acted in accordance to the law and didn't deceive Mr. [redacted] in any way.  It is our impression that Mr. [redacted] was trying to extort us for money through threats of bad feedback and disparaging comments on the internet, etc.  We are not going to be taken advantage of and are prepared to vigorously defend ourselves to the fullest extent of the law.  To add to this, in his Revdex.com Complaint, the Claimant states that I assured him the extension was powered.  Please see attached photo, I removed Claimant's name for privacy.  This is a screenshot he sent me from his phone.   I said I think it was.  This man isn't telling the truth and we ask the Revdex.com to remove this false claim.  Also, for the record, our eBay feedback rating is 100% positive.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Mr. M[redacted] has a hard time with the facts of this situation. He hangs his hat on a delayed payment, a payment with was mostly delayed because I suspected  his ad on Ebay and he asked for verification of the unit before I wired him the money, only to find out the lift the I bought is different that the lift in the ad. The lift in the ad on Ebay was in much better condition and indicated that it had the powered extension option that he also verified in his email to me. Please see the attached pics. The lift in the ad has 7127 model on the side and the lift I received is a 7027 lift in much worse condition. The pictures on the Ebay ad clearly indicate the wiring and control box that would be on a machine with a powered extension, which again in assured me it had in his message to me. Mr. M[redacted] indicates that he has "had it with me." I am sure he has, no one in my experience likes being caught in a lie. To this day Mr. M[redacted] refuses to admit that the lift I received is different than what was in the ad. This is clearly a lie and part of his attempt to defraud me. I hope is response to the situation is a clear indicator to you of his poor customer service and his intent to defraud me.
Regards,
[redacted]