I purchased a computer hard drive (Western Digital 80GB Hard Drive 5400RPM model: WD800EB) sold on eBay as item# 5204246832. The item was sold by eBay member ''ohisit'' but the package came in with a UPS ground paid shipping tag from company name 3 B Tech Computers 3btech.net (574) 233-0508 3431 William Richardson Dr South Bend Indiana 46628. And tracking number 1Z Y3Y 290 03 4238 2282.
The auction ended on 06/04/2005 and was paid for immediately using Paypal services for the amount of $32.71 which consisted of the item amount of $22.72 and Shipping and Handling of $9.99 the item was received on 06/10/2005 and promptly tested on two different computers and it was found to be a non-working hard drive.
I emailed the seller on Saturday explaining the problem and I received an e-mail from the seller with the following message: "I'm sorry but I'm under strict policies that these are to be sold as is w/no returns under any circumstances.'' This morning (06/13/05) I took the hard drive to be tested by a company that specializes on data recovery from hard drives and was advised that the Hard Drive would not boot and made continuous clicking noises which indicated the drive is physically bad and that it has bad heads that are unable to calibrate with the media servo tracks thus the clicking sound made when the drive tries resetting itself.
I received an email from seller requesting that fill out an online RMA (return merchandise authorization?) Which can be found at the following URL:
I filled out the RMA form and submitted it, later I received an authorization number RMA#OI0009. The seller requests that I mail the defective product back to him at my expense to the following address: 3431 William Richardson Drive Suite B South Bend, IN 46628, additionally I am instructed on sending the package insured as they consider me solely responsible for the shipment. Unfortunately this is unacceptable and I strongly believe they should pay for the shipping back to 3btech computers if they wish to test it themselves which is something they should have done prior to sending me the non-working hard drive in the first place and already charging a hefty shipping fee of $9.99.
Seller replied to an e-mail I had sent and tried to excuse their massive mistake with the following quote: ''But in our defense the item description stated that the drive was UNTESTED and SOLD AS IS w/ NO RETURNS. We never stated that the drive was in good working condition''. Yet as a company ohisit/3btech should be aware that such a statement is rendered invalid by the "Implied Warranty of Merchantability" provision under federal law which is a guarantee of a product's quality that is not expressed in the purchase contract. An implied warranty assumes that the item sold by a merchant or reseller (not a private individual) can and will perform the function for which it is designed unless it clearly states that the item "is in no working condition and/or that it needs repairs". Furthermore an implied warranty is one that arises by implication as a result of the "terms of the sale", and not by the "expressed terms of the seller".
The unfortunate interaction I have experienced with ohisit/3btech computers forced me to purchase a replacement hard drive because I was in need of one and receiving the non-working one they sent me placed me dreadfully behind schedule on a project I was counted on to finalize and failed to do so.
Instead of trying to promptly resolve the issue satisfactorily, they want to make it more complicated for me as a consumer by expecting me to waste more of my money to fix a mistake that was caused by ohisit/3btech and to no fault of my own.
I called 3BTech Computers on 06/17/2005 at 1(877)328-3248, I requested to speak with a manager, the call was escalatedto a Peter Petkov who identified himself as part owner of 3BTech yet was uncooperative about my issue but suprisingly enough knew all about my order and stated that the item was sold to me by a 3rd party vendor that is associated with his company, I requested for him to identify the name of the 3rd party vendor and he refused and became extremely rude and raised his voice then the started talking really fast which along with his heavy accent made it impossible to understand, he then disconnected the call.
It is unfortunate that a well established company would sell computer hardware online and list it as UNTESTED, and sold AS IS. Yet take great care on resealing the hard drive to make it look factory new when it is junk just to dump it onto unsuspecting and honest individuals and make a quick profit out of it instead of discarding it accordingly.
ebay order number: ebay#5204246832
San Antonio, Texas