Darby Weaver - SunGard Higher Education Buyer beware! Fraud & equipment is not as advertised! Maitland Florida

For every post (or comment) I make, Darby Weaver will engage in making 4 or 6 posts (just blowing a lot of smoke) and using his smoke & mirrors tactics to draw the attention away from the facts.

It makes it difficult to even have an intelligent conversation with him, because he just acts snide, and makes outlandish remarks and engages in personal attacks (instead of addressing the real issue at hand).

Any reputable seller/dealer would include an invoice with serial numbers. The issue is the goods that were sold are NOT as described. Goods that may in fact be counterfeit/pirated goods, and that Darby Weaver refuses to take responsibility for it, and I'm just asking that they be replaced/exchanged with Genuine Cisco (licensed/non-pirated) product. I expect the equipment to be genuine, free from defect or damage, and in good working condition.

Not the garbage that I was sent. It's wrong, it's illegal, and I'm just a consumer that got screwed over pretty bad by Darby Weaver (SunGard Higher Education), and I'm just asking that they "make things right" by replacing the damaged/pirated/counterfeit goods with real Genuine Cisco products, that are in good working order (and licensed).

That's all I'm asking. Nothing more, nothing less. I've had lots of good experiences, and many sellers are real & genuine and reputable. Darby Weaver (SunGard Higher Education) was my first bad experience (and first time I had ever come in contact with pirated/counterfeit/damaged goods, and a very bad buying experience). I have asked him nicely to please just "make things right" and just ship a replacement (in good working order), and I'd gladly stick the old router back in the box, and as long as he includes a prepaid shipping label, I'll affix the label to the outside of the box, and have it returned to him. Maybe he can resell it, or sell it to one of his unsuspecting "friends".

Darby Weaver is not a reputable seller, and he seems to prey on innocent (and unsuspecting) customers, and many of which may not even realize it. I'm not sure how many people he has sold pirated/unlicensed/counterfeit Cisco IOS Software/hardware to, but as a buyer/consumer it hasn't been a pleasant experience.

I just want the items replaced/exchanged with Genuine Cisco products in good working order (as described). Nothing more, nothing less.

Robert,

Robert claims:"The online Reference to US Copyright law is for original works and works not distributed PUBLICALLY."

Robert, copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

Robert claims: "Posting your stuff on a 'public forum' would quash any 'copyright infringment.'

Robert, section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

-To reproduce the work in copies or phonorecords;

-To prepare derivative works based upon the work;

-To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

-To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

-To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and

-In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.

As the owner/author of such said works, yes I can post or display the work publicly, that doesn't give anyone the right to copy it, redistribute it, or violate U.S. Copyright law.

You may want to read the "Terms of Service" on this website, as well as look at the Copyright notice at the bottom of this page. Just because a work is published, doesn't mean that another person can violate U.S. Copyright laws or infringe on the rights of the Copyright owner (original author of such said works).

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright.

Whether it's copying a CD, copying an MP3, or violating/copying intellectual property (such as Cisco IOS software), it's still against the law. Would, I, PayPal, Ebay, Ripoffreport.com, or Cisco prosecute a person for violating Copyright law? It's possible, it would simply be a matter of taking the person to court and filing charges against them.

Cisco seems to do it quite often, and they seem to take Copyright infringement (and intellectual theft) pretty seriously.

"What Works Are Protected?"

Copyright protects original works of authorship that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

literary works;
musical works, including any accompanying words
dramatic works, including any accompanying music
pantomimes and choreographic works
pictorial, graphic, and sculptural works
motion pictures and other audiovisual works
sound recordings
architectural works

These categories should be viewed broadly. For example, computer programs and most compilations may be registered as literary works; maps and architectural plans may be registered as pictorial, graphic, and sculptural works.

Yes, Copyright protects "original works of authorship" and E-mails and any postings, are original literary works of authorship. If someone posts an article or story on the New York Times website, are you saying that another person can just come along and copy it? That such illegal copying, reproducing, and redistributing would NOT be a violation of copyright law?

Further, you would be hard pressed to have anyone fined for copyright infringment for reproducing an email from you to be used as evidence against you in a legal proceeding.

I tend to disagree. An e-mail is a private communication, and it's no different than a letter. Whether it was sent by mail, hand delivered, or sent via e-mail, it's still a private communication and it's still an original work of authorship. Yes, e-mails are protected under copyright laws (if said owner gives notice of such copyright). You often see notices and disclaimers (from legal departments of companies) explaining that an e-mail can not be reproduced, printed, copied, or redistributed without prior written consent, and if you are not the intended recipient that the email must
be destroyed.

It is common practice, and it is legal here in the United States (and it is enforceable, and it is a violation of Copyright law).

http://www.copyright.gov/circs/circ1.html

Copyright is secured automatically when the work is created, and a work is created when it is fixed in a copy or phonorecord for the first time. Copies are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. Phonorecords are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the work) can be fixed in sheet music (copies) or in phonograph disks (phonorecords), or both. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.

When a work is published, it may bear a notice of copyright to identify the year of publication and the name of the copyright owner and to inform the public that the work is protected by copyright. Copies of works published before March 1, 1989, must bear the notice or risk loss of copyright protection.

The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law (before March 1989) did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

Notice was required under the 1976 Copyright Act. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. Although works published without notice before that date could have entered the public domain in the United States, the Uruguay Round Agreements Act (URAA) restores copyright in certain foreign works originally published without notice.

As I have given notice, it really is irrelevant. The name of the owner of copyright work, can simply designate such by posting the following:

2008 Mark Malewski

Again, I have given notice that I am the owner (and author of such original works), and such literary work is copyrighted (by me).

If you think for a minute that you can just infringe on the legal rights of others, or violate U.S. Copyright law, then you could/would make yourself subject to legal action. Would an individual (or company) sue for copyright infringment? Not sure, ask Cisco (or Microsoft) if they take intellectual property theft seriously.

Robert claims: "The other on line reference to copyright of forwarding emails does not apply in the US - it's from a British court and again, it references original/proprietary material."

You may want to take a good look at U.S. Copyright law:

3.8) Are Usenet postings and email messages copyrighted?

Almost certainly. They meet the requirement of being original works of
authorship fixed in a tangible medium of expression (see section 2.3).
They haven't been put in the public domain; generally, only an expiration
of copyright or an unambiguous declaration by an author is sufficient to
place a work into public domain.

Also understand that by forwarding, copying, redistributing, or even revealing the contents of a private email message that could not only be a violation of U.S. Copyright law, but could also run afoul of any of a number of non-copyright laws: defamation, invasion of privacy, and trade secrecy, to name a few. So even if an author didn't choose to Copyright his works, you should consider other factors that may expose you to legal liability before revealing a private message's contents.

I did display Copyright notice (even though I don't legally have to), and I am making it very clear that I am the original author, and such works are copyrighted by me. Individuals/companies are sued all the time for violating copyright law, and even outside of copyright there are still legal liability of invasion of privacy, defamation, trade secrecy, just to name a few.

You may want to take a good look at the Terms of Service on this website, and just by visiting/posting on this website, you agree to those legal Terms of Service/Terms of use.

http://www.ripoffreport.com/termsofservice.asp

Take a good look at the "Online Conduct" section (Section 2) specifically:

"You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and except as otherwise permitted by law."

In addition read section 12 specifically:
"In particular, users who submit user content to ROR (Ripoffreport.com), whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights of third parties."

You can not blatently disregard U.S. Copyright law, and just copy, reproduce, redistribute, the protected works of another individual (without express written permission). Doing so would expose you to legal liability (both civil and criminal).

I have given no such right to copy, redistribute, or reproduce my copyrighted material (neither written nor implied).

I have made it very clear, and I have posted notice (even though I don't legally have to post notice). I have still posted notice, and I don't see any legal ground that he could stand on for willfully (and blatently) violating U.S. Copyright law.

Ignorance is not a defense when it comes to U.S. Law. Standing before a judge and "playing stupid" and saying "your honor, I didn't know..." Ignorance is not a defense.

With private email messages, it would be EXTREMELY hard to argue (before a court) that by sending the private message to a limited audience (a single recipient), the sender intended for it to be copied and quoted. For email messages to a public mailing list, the implied license argument may still be sound.

Yet, all is null and void if a simple notice of Copyright is given. There is no question then, that such material is Copyrighted and protected under U.S. Copyright law. Copying, forwarding, reproducing, or even redistributing a copyrighted work (whether it be a published/posted story, article, literary work, or even an E-mail) would in fact be a violation of U.S. Copyright Law (if you did not have expressed written consent from the original author of such work). Are all original literary works copyrighted? Of course not, if an author decides not to Copyright his material, and gives public notice that it is "public domain" then he waives his right to Copyright, but I gave no such notice (neither written nor implied). I made it very clear (by posting notice) that such works are in fact copyrighted (by me), and that I am infact the author of such copyrighted works.

Robert claims: "It should be a simple matter to contact CISCO Systems to determine the authenticity of the items received."

This is correct, a Cisco Authorize Repair Center can look over the hardware/Cisco IOS Software, and check their books (they have books with images showing what things to look for to determine authenticity), and they should be able to determine the authenticity of such hardware/software. If they deem it to be counterfeit, then they would destroy such hardware/software (without returning it).

Since I own the hardware (and have paid for it), I'm not quite sure I'm ready to turn it over to Cisco (to be destroyed). So instead, I would rather turn it over to law enforcement (local FBI field office in Chicago), and they will take custody of the equipment and work with Cisco directly, as this would make it "legal evidence" and therefore Cisco could not destroy it. It would be preserved, and Cisco would just verify authenticity, document their findings, and then this would in turn be used in court for criminal prosecution. Cisco could file additional charges (of Intellectual theft, violation of Copyright/Trademark/Patent laws as well) and take legal action against the trafficker (seller/shipper) of such hardware/software (Darby Weaver / SunGard Higher Education).

Robert claims: "I see no mention of that being accomplished in this report. Why not???"

I have not taken legal action yet. My first step was to contact the seller (this is well documented that I have done so, and made such an attempt to notify the seller that there are no holograms, no certificates of authenticity, and that I do believe there is the possibility that this Cisco hardware/Cisco IOS Software may be pirated/counterfeit/non-licensed. My first step was to contact the seller, make him aware of it (send him pictures), document things, and give Darby Weaver (SunGard Higher Education) the opportunity to "make things right" (and correct this).

Sometimes a person can "unknowingly" sell a piece of hardware (some stuff get mixed up coming from China, and even the government had been sold counterfeit hardware). The problem is, once it was realized, the vendor/seller/shipper needed to "make things right". I did contact Darby Weaver, and I asked for a receipt for the Cisco Hardware (clearly showing a serial number of the hardware, and serial numbers of the components). Darby Weaver has failed to provide such receipt. This seems very suspect to me. Any reputable dealer/seller would provide such a thing (clearly showing the serial numbers of the item they sold on the receipt). Darby Weaver refuses to provide this. This seems to be a "red flag" and someone that knows they got their hand caught in the cookie jar.

Regardless, I have plenty of witnesses that watched me accept delivery, witnessed me opening the box, witnessed the opening and removal of contents of the box, witnessed the condition of the equipment, witnessed (and documented) the serial numbers, witnessed the shipping contents and shipping materials. There are plenty of witnesses to attest to such, and I have taken plenty of pictures.

There is no question as to what I received from Darby Weaver (SunGard Higher Education). It clearly is "not as described" and when contacted and confronted, Darby Weaver immediately got defensive, started lashing out, starting throwing out unfounded threats (of a lawsuit/fraud, etc.). This is what a criminal does when they get caught. It's not typical behavior of someone who made an "honest mistake". I understand things happen, and accidents happen, but this doesn't seem to be an "accident". It seems to be the willful intent of someone that is trying to deceive, and defraud.

As I stated previously, the outside of the box doesn't appear to be damaged, yet if you have seen pictures of the contents, they clearly have been severely damaged. I seriously doubt that such damage was done in shipping. I did have a FedEx driver (and UPS driver) both look it over (my local driver/delivery guy was making daily trips regularly for the past few weeks) and he looked at the contents and said "This guy screwed ya! Watch out for crooks!" I explained that I would just contact the seller (and try to give him the benefit of the doubt), and give him the opportunity to "make things right".

This clearly wasn't the case, and Darby Weaver (SunGard Higher Education), even though they claimed to have "5 of these exact items", says that there is "no replacement". Well, I just want the item exchanged/replaced/repaired. That's all I'm asking for. Nothing more, nothing less.

Darby Weaver seems to have a LOT of equipment (as he stated previously) racks of it, and even states that he had many of these routers (that he had given/loaned to a friend who could not pay). Well, if he has several of them, then why not "do the right thing" and replace it? Drop ship a new one, with a prepaid shipping label, and I will gladly swap out the old one he sent me, and take the new. It would seem like a fair and honest thing to do. If the damage was done (in transit/shipping) as Darby Weaver claims, then he can file a claim with FedEx, and do whatever he needs to do to get refunded the money (or he may just have to accept the loss if FedEx finds that he is at fault for not properly packing the router, or that the router may have been damaged prior to shipment). Regardless, that would be between he and FedEx (the carrier).

This item is insured, but Darby Weaver refuses to file a claim (this again, makes me suspect). What is he afraid of? Is it counterfeit? Is he worried that a FedEx investigator will come out and take pictures of it (and take custody of it), and that it could come back and bite him in the butt? (If it is in fact counterfeit/pirated Cisco product)?

Darby Weaver just spins out of control like a little tornado, and for every one e-mail I send, he sends 6 or 7. It's tiring, and draining. He makes crazy unfounded allegations (a "spinster") hoping that making I will just back down, and give up.

If we need to go to court, then we will. This is not what I wanted, and I really hate to take legal action (it is quite time consuming and troublesome), but it seems as if I have no other choice. I have tried to reason with him. He is stubborn, hard-headed, and is not a person that will take responsibility for his actions, or even be reasonable.

Instead, he wants to make personal attacks, spin out of control, make threats of "telling everyone he knows" (about how famous he is, and how "well known" and "legendary" he is, and how "everyone" knows him, even the Mayor of Orlando, and even the States Attorney of Florida). Although I never contacted the Mayor, or States Attorney to confirm this, I just highly doubt that it's even true.

He tries to give himself "false credibility" which just seems indicative of a crook or thief. Why exagerate and lie? I have asked for a personal cell phone number of the Mayor and States Attorney (if he is that "close" to them, and knows them as "personal friends"). He refuses, so then why give out personal references if you refuse to give me their phone numbers so that I may contact them (just to see if you really are who you claim to be). Are you really famous? Legendary? World renown? I think not, but I don't know you. I've never heard of you. Prior to this sale, I had no clue who you even were.

As a CCNP (Cisco Certified Network Professional), or as a "CCIE Candidate" (as you so claim), you are representing (or misrepresenting) yourself as a "Cisco Professional". As a professional (and not just some "dumb unknowing layperson"), I would think that you wouldn't dare sell, distribute, traffick, or redistribute counterfeit Cisco products, nor would I think that you would knowingly "install" a pirated/counterfeit/non-licensed Cisco IOS software (and then sell it for a profit).

That would seem unethical, and I would think it would violate both criminal law and professional ethics.

Are all CCNP's ethical? I would hope so, but apparently there are some that cheat their way to the top (share/study actual test questions and answers, etc.) and they "water down" the value of actual certifications. It's hard to believe, but it happens. Some cheat their way to the top, and then suddenly when asked to perform a "hands on" test, they scratch their head like a monkey.

I don't know Darby Weaver (SunGard Higher Education) personally, so I can not attest to his honesty, integrity, or truthfulness. I just know from this business dealing, that he was not truthful, honest, and was very misleading. I have given him the opportunity to "make things right", but he refuses to do so. (Claiming that he just wants the evidence back, so that he can destroy it, sweep this whole thing under the rug, and pretend it never happened, and then I'm left empty-handed with no legal recourse against him).

That would seem like an incredibly stupid thing to do (on my part), and I'm not as stupid as Darby Weaver wishes that I were. I have taken all steps necessary to document the crime. Anyone with a CHFI certification, would understand that you want to "preserve the evidence". Don't touch it, tamper with it, don't open it" Don't mess with it at all. (It could affect the admissibility of such evidence in court). So I did just that. I left it alone. I'm not going to power it up, I'm not going to open up the case (as Darby Weaver keeps insisting that I do). Why would he want me to open the case up, and check the serial number on the mainboard? That would seem like an incredibly stupid thing to do, especially since all Cisco equipment has "Cisco seals" that when you open the case, it says "VOID" (tamper proof seals). You break a seal, it can (and will) void your Cisco Warranty.

Why does this equipment not have any Cisco seals on it? How would Darby Weaver even know what the serial number of the mainboard is? (unless he himself had opened it up)? It all seems very suspect, and no Cisco Certified Professional would say "Open up the case, and tell me the serial number of the mainboard"? What? I'd never heard of such outlandish, and stupid remarks (not by anyone), certainly not a Cisco Certified Professional.

A real professional would look at it, and if it was questionable (missing seals, missing holograms, and it really does look "questionable" at best) and when I ask about the Certificates of Authenticity, or licensings of the Cisco IOS, then I just get crazy responses (him flying off the handle, calling me a thief, and various other crazy things). This is indicitive of someone with a very low intellect. Not someone that is capable of intelligent conversation, and someone that probably preys on people "more stupid" than he. Suddenly, when confronted by someone who is not a "stupid person", and begins to question such suspect things, then suddenly he gets angry, defensive, and makes personal attacks.

The 6 or 8 posts that Darby Weaver has made, are nothing but "personal attacks". They don't address the real problem at hand, they don't discuss the problem, they are just ramblings, and personal attacks.

Why is he spinning out of control? My guess is that maybe he got caught with his hand in the cookie jar, and I'm holding the evidence, and he has created a lot of liability for himself (and his company), and that maybe he misrepresented himself (and his company), and much of this may come back to bite him in the tail. So now he wants to bang on the bees nest, and try to aggrivate the situation?

It doesn't make sense, and any intelligent person would just say "Ok, ya got me. My bad, maybe it was pretty shady of me to try to do that, but let me ship you a replacement, and you ship that old one back to me, and we'll call it even, no harm done."

Ok, I'd let it go, and walk away from the whole mess. I'd never recommend doing business with him, but at least he "made things right" (and in the end gave me what I paid for and bought). A crook sells things out of his trunk, in a back alley, and sometimes out of his house (and on E-bay). It happens. Although almost every single dealing that I've had on E-bay was a good one (except for one, in which I was sold some pirated software, but that was resolved by Microsoft), and then this is the only other "bad experience" I've had (and that other bad experience was over 4 years ago). So in 6 years, I've bought quite a few things here and there, and I have to say for the mostpart, everyone I have dealt with has been honest and straightforward.

Darby is the first person that has taken my money, waited 2-3 weeks before shipping the item (usually items are shipped within 24 hours of receipt of payment, some places maybe 48 hours to allow time for packing/shipping), but 2-3 weeks to ship an item? Shipping time seemed a bit excessive (1st strike). Then when I did get the item, it clearly wasn't as descrived (2nd strike). Then when I contact the seller, he clearly is not mentally stable, and has a narcisstic personality and is outraged that I could even question his integrity or the integrity of his products (3rd strike).

The red flags are hitting me in the face, but I still have tried to get him to at least "do the right thing". He refuses, and PayPal tried to freeze the funds in his account, but there is nothing they can do (when he is not a reputable seller, doesn't offer Buyer's protection, and he immediately withdrew all funds from his account prior to shipping the item... just so PayPal would have no recourse against him, and could not recover any funds from him).

So at this point, the red flags have been hitting me in the face over and over and over again. Yep, something wrong here.

Why doesn't he want to just replace this item, and send out a replacement, and be done with it? He has 4 others (identical to this one), as he claims in his listing.

Darby Weaver gets upset, tries to make a personal attack and say "You could have tested it" you have a 3640 and 3660, blah, blah, blah.

I'm not going to do anything with it. I'm NOT going to power it up. I'm not going to open the case. I'm NOT going to tamper with the evidence, and I'm going to just leave it as is, so that FedEx Investigator (Claims Investigator) can look at it, and examine it.

Since Darby Weaver refuses to initiate a claim, or let FedEx come look at it, then that is yet another red flag. He doesn't want anymore witnesses looking at it, and just gets upset that I won't turn it over to him (like a fool). I told him that if he just ships out a replacement (a genuine Cisco product) then I'll gladly toss this one back in the box, and if he sends a prepaid shipping label I'll affix the label, and have it shipped right back to him.

He can destroy it, or put it under his pillow, or attempt to re-sell it to some other unsuspecting person. Whatever he chooses to do, is his business, but I'm not going to tolerate fraud, deception, and malicious intent.

There is a big difference between an "accident" and "malicious intent". When an accident happens, there is an apology, an admission of fault, and then a responsibility to pay (for damages/replacement). This clearly was no "accident" and this was the willful, and wrongful attempt to defraud a customer.

When you take someone's money, that becomes THEFT. It's a charge of Larceny. (Grand Larceny in the State of Illinois). Selling/shipping/trafficking counterfeit goods is another separate crime in itself.

Making the claim that "All items setup and installed by a CCNP (CCIE Candidate)." This would indicate to me that he was quite aware of the Cisco IOS software installed on this router, and aware of the condition (prior to sale), and that in the "Sh ver" (show version) command, it clearly shows and displays what he is selling.

I had never heard of anyone specifically sayiing "The are no dents or dings to speak of" before, and most reputable people include several pictures of the product (from all sides/angles or at least front/back/top) just to show the condition.

It seems odd that there were no actual photos and that the photos depicted seem to be a photo from a different website that he may have copied/reproduced (possibly without permission from the copyright owner). But looking back at it now, I bought the item in "good faith" that it would be delivered to me in the condition as described.

This wasn't the case, I have witnesses to prove that this was not the case. I have plenty of witnesses that watched me unpack the box, witnessed the condition of the contents, and witnessed the serial numbers, and witnessed me taking pictures of everything.

Darby Weaver admitted to receiving the photos that I had sent, I have about 45 photos, but I sent the most relevant just to show/demonstrate the damage. Everything is time and date stamped. I have asked Darby Weaver on several occassions to please provide a sales receipt/invoice with the serial numbers (just for my personal records), but he refuses. I have asked for certificates of authenticity, and again he refuses. I have asked why there are no seals, holograms, and he gets angry (and tries to launch a personal attack against me, or else begins to go on in 6 or 8 diffent posts about how "credible" he is, and how dare that I "question" his integrity, or the integrity of the equipment that he sold me, how dare I do such a thing).

He rambles on about how "famous" and "legendary" he is, and how "everyone" in the Cisco Community will hear of this, and how "small" of a community that it is, and how I may have trouble finding "gainful employment" after the "news breaks" of his story.

What? Craziest things I've ever heard, and if this stuff is counterfeit, I'll post pictures of his tail behind bars (maybe a nice mug shot, as well as reference to the court cases, and court documents) in case anyone wants to read about it.

There have been a lot of cases of counterfeit Cisco goods floating around out there. Personally, I have never come across one, or even seen one, until this. I'm not in a position to say (one way or the other) whether it is in fact counterfeit, but from looking at it, it seems questionable and very "suspect". There are three screws going across the top of the case, and you can see the threads on two of them (not tightened all the way down). It would appear as if this case has been opened in the past, with no seals on the case, it clearly shows that the seals had been broken/removed (or never existed if it is indeed counterfeit). Why are the screws not all the way tightened down? Seems like sloppy work on the part of whoever was tinkering with it.

I have witnesses that can attest to the fact that this is the condition it was received. The case is too bent to even open (without bending the case back or hammering/straightening the bent metal/dents out). I'm not interested in touching, tampering, or even powering up the equipment. Despite Darby Weaver's attempts and asking me to tamper with it (and open it up, and try to read him the serial number of the mainboard on the inside of the case). Nah, no thank-you.

I'm not touching it. I'm not powering it up. I'm not tampering with it. I'll leave it here for inspection, if a claims investigator wants to look at it and I'll make it available for law enforcement (so that a Forensic Investigator working with either County/state law enforcement, or even the Chicago FBI Field office) can take custody of it, preserve it, and do what they need to do (contact Cisco, and have a Cisco Investigator give an expert opinion on the authenticity of the product and Cisco IOS installed).

I would think that Cisco does have a database of hardware, and could check the serial numbers (but serial numbers are in fact counterfeit on counterfeit products). That's why I asked for an invoice with serial numbers on it (so I could even contact Cisco ahead of time, to see if it's questionable), but at this point I'm just asking that the seller "make things right". I can't just turn it over to Cisco (for inspection) without them destroying the equipment (if it is in fact counterfeit). So this poses a little bit of a problem.

So the only way that I can have Cisco "not destroy it" (if it's found to be non-genuine) is if I turn it over to police, and they begin a criminal investigation. The police can have a Cisco investigator look at it, and determine it's authenticity, and they can check their database records, and see which Cisco IOS software was registered/licensed for this particular serial number. If either the hardware (or the Cisco IOS software) is not genuine/unlicensed/pirated/counterfeit, then it would just be a matter of criminal prosecution.

Cisco does cooperate with law enforcement, and does prosecute cases of Intellectual Theft (counterfeit/piracy) of Cisco products. The item description clearly states the Cisco IOS version:
-----------
Cisco Internetwork Operating System Software
IOS (tm) 3600 Software (C3620-J1S3-M), Version 12.3(16a), RELEASE SOFTWARE (fc2)

as well as the image file and name:
System image file is "slot0:c3620-j1s3-mz.123-16a.bin"

The description also states (by Darby Weaver):

1 PCMCIA 16MB Card (With 12.3 IOS): System image file is "slot0:c3620-j1s3-mz.123-16a.bin"
32mb Dram
16MB Compact Flash installed
All items setup and installed by a CCNP (CCIE Candidate).
-------------

I'm not clear as to what was "setup and installed" by the CCNP (CCIE Candidate), but I'm assuming from the post that this "setup and installation" was done by Darby Weaver (as he claims to be a CCNP/CCIE Candidate). I had never even heard of this term before "CCIE Candidate", because it seems a bit comical (anyone with a CCNA, or even CCENT could "claim" to be a "CCIE Candidate"). Seems like blowing your own horn a bit, a little bit of "bragging", but most professionals I know don't walk around bragging about their credentials (I certainly don't), and I don't even list mine on my resume. If an employer asks, I can show them my credentials (valid cards, as well as valid transcripts sent by Microsoft/Cisco/CompTIA/EC-Council, etc.)

When I see someone like this (that toots their own horn quite a bit) then it usually is a sign of someone with VERY low self-esteem (that needs to feel important by a few pieces of paper they hang on the wall), or maybe just a narcisstic personality disorder (someone that thinks they are "legendary", "famous", "world renown" and "better" and "greater" than they really are).

I haven't seen anything authored by anyone else (other than Darby Weaver) attesting to this "legendary" and "famous" and "world renown" status. I have seen several posts on C-Net, and various other message boards from authors questioning his intelligence, his integrity, and even his logic, but nothing really attesting to his "greatness" or "legendary" status.

He seems to just be some nut job that sits at home blowing his own horn. Can't imagine him being married, or her even putting up with him, but to each his own I guess.

Not sure what his "hardwood floors" or "wife" have to do with any of this, but he throws it out there (more smoke and mirrors), maybe to draw the attention away from the real matter at hand.

Robert claims: "Seems to me CISCO would be eager to determine the validity of the items received and pursue appropriate action if the item(s) is not authentic CISCO equipment/software."

I would agree. Cisco is pretty good about countering piracy, and prosecuting individuals that engage in it. I know at a bare minimum they would revoke the certifications of anyone involved in such questionable (and criminal) antics. Certainly it wouldn't be hard for Cisco to get his Cisco ID number.

http://seattlepi.nwsource.com/business/106596_ciscosuit31.shtml

I can't imagine that any Cisco professional would "unlawfully copy and misappropriate Cisco's IOS software... and infringe numerous Cisco patents" by selling, installing, or shipping/traficking pirated/counterfeit/unlicensed Cisco IOS Software or products.

http://news.bbc.co.uk/2/hi/business/2689465.stm

http://www.forbes.com/2003/01/23/cz_qh_0123cisco.html

Cisco in recent months has been sending a signal to counterfeit dealers/sellers/shippers that engage in unlawful commercial dealings and to send a message to the market that Cisco is in fact actively taking steps against counterfeit dealers/sellers to prevent consumers from being deceived, or defrauded.

http://www.channelweb.co.uk/crn/news/2199895/cisco-rebukes-counterfeit

http://www.siliconvalley.com/latestheadlines/ci_8403762

Licensing and piracy issues are a big problem:
http://www.searchsmbasia.com/article.php?id_article=3477

http://www.networkworld.com/community/node/18275

I have asked Darby Weaver (SunGard Higher Education) if they are a UNEDA member, but fail to get any response.

Most legitimate resellers take their ebay sales just as seriously as their offline sales, and offer great customer service and customer support. Darby Weaver (SunGard Higher Education) on the other hand did not offer any option to repair/replace/exchange the equipment for Genuine Cisco equipment (non-damaged, and non-pirated/licensed/non-counterfeit).

Sometimes as a buyer, you chase after a "cheaper deal" only to find yourself getting snared by a crooked seller. I was hoping that maybe it was just an "oversight" or an "error", but after contacting Darby Weaver (SunGard Higher Education), I can see that this was no "oversight" and no "error" and that this was in fact intentional, malicious, and deceitful. If his intentions were innocent, then he would clearly offer to exchange/replace the pirated/non-licensed/non-genuine Cisco hardware/Cisco IOS Software products with actual genuine licensed products.

There are a lot of good dealers/resellers out there, but this certainly wasn't one of them.

http://voipforyourbusiness.com/index.php?option=com_content&task=view&id=115&Itemid=2

I just can't imagine selling counterfeit/pirated/non-licensed Cisco IOS Software as "good business practices" (especially not from someone that claims to be a Cisco Certified Network Professional) or even a "CCIE Candidate" as he so claims.

The problem is real, and it's growing. Cisco has been taking an active stance, and has been prosecuting anyone found to be selling/shipping/trafficking counterfeit/pirated/unlicensed Cisco IOS software & products.

H.R. 32, the Stop Counterfeiting in Manufactured Goods Act, signed by President Bush in March, should also make a strong deterrent, experts say. The act sets prison terms of as many as 20 years and fines of as much as $15 million for counterfeiting/piracy in what the International Anticounterfeiting Coalition praises as a direct response to "dangerous international piracy/counterfeiting problem that is threatening the U.S. economy, costing U.S. jobs and harming citizens."

http://blog.washingtonpost.com/small-business/2007/07/software_group_government_aim.html

I would think that as a CCNP (Cisco Certified Network Professional) that he would be familiar with Cisco's license agreement, and wouldn't engage in pirating, selling, distributing, or reselling counterfeit or pirated Cisco IOS Software/Cisco hardware.

http://www.ed.uiuc.edu/wp/copyright-2002/softwarepiracyfaqs.html

http://www.bsa.org/country.aspx?sc_lang=en

It is against the law. It's unethical, and it's wrong. I'm just asking that Darby Weaver (SunGard Higher Education) just "makes things right" by replacing/exchaging the items with Genuine Cisco licensed products.

The redundancy is boring - I tried but just couldn't force myself to read every darn word.

Some points:

The online Reference to US Copyright law is for original works and works not distributed PUBLICALLY. Posting your stuff on a "public forum" would quash any "copyright infringment." Further, you would be hard pressed to have anyone fined for copyright infringment for reproducing an email from you to be used as evidence against you in a legal proceeding.

The other on line reference to copyright of forwarding emails does not apply in the US - it's from a British court and again, it references original/proprietary material.

It should be a simple matter to contact CISCO Systems to determine the authenticity of the items received.

I see no mention of that being accomplished in this report. Why not??? Seems to me CISCO would be eager to determine the validity of the items received and pursue appropriate action if the item(s) is not authentic CISCO equipment/software.

Darby Weaver claims: "Not sure what to say to the guy."

I'm not asking you to say anything. Just send me a replacement. Either repair/exchange/replace the damaged item you sent me. It's not as described, and instead of trying to defraud me, just take responsibility for it, and do the right thing. That's all I've asked. Either replace, repair, or exchange the item, and pay for all associated shipping costs.

Darby Weaver claims: "1. I do not own the company I work for. Actually I work for it."

Well the story changes. Now you no longer own (and are president/CEO/owner), but now you just work for the company (the "Fortune 500" company) that you tried to misrepresent yourself as "owning" to give yourself some credibility. In due time, the truth will come out.

Darby Weaver claims: "2. I'm an individual and that is it. Not a business. Not in the business of buying or selling. I'm a Network Engineer and that's it."

Well the story changes again, so you are no longer "legendary" and "famous", and no longer "world renown"? Now you are just an individual? How quickly the story changes, and a month from now we'll find out that you just scrub toilets for a living, and you weren't this "great legendary world renown famous person" (that you portray yourself as).

Darby Weaver claims: "3. I sold some routers from my home lab - a set of 28xx's, 3640's, and 3620's. This guy think I fabricate 'Cisco Equipment'. Hmmm... Interesting."

Well, slowly the truth is starting to come out. You're no longer a big "Fortune 500" company/owner, and now suddenly you are just an "employee" that likes to misrepresent himself, and portray himself as a "big company" when in fact he was just defrauding his employer/company, and shipping counterfeit Cisco products with pirated Cisco IOS software from his company/business account, and trying to represent himself as "Darby Weaver / SunGard Higher Education" the "Fortune 500" company.

Darby Weaver claims: "4. He claimed my gear was damaged prior to shipment"

This is correct, the box doesn't seem damaged, but the router itself looks as if it feel down a flight of stairs. Pretty beat up, and hard to imagine that this could have happened without any external damaged to the box. It looks as if the router may have been damaged prior to shipment, and this seems to be a case of seller fraud. Darby just trying to make a quick buck, and defraud a customer.

I have witnesses that watched me accept the package, witnessed the opening of the box, witnessed the unpacking of the box, and witnessed the condition of all the contents, as well as witnessed me taking pictures of all the contents and witnessed all the damaged contents. I have witnesses that are willing to testify, and attest to these facts (under oath and in court), that the contents were received just as described (damaged), and this is how it was shipped to me (and received). It was received "not as described" and the items seem to be non-genuine/counterfeit/pirated-non-licensed Cisco IOS software.

Darby Weaver claims: "never does he mention the serial number of the damaged router in question - see every Cisco piece of gear comes with one on the motherboard and on the back of the device. Are they the same serial number? Why / Why not?"

Why would I mention the serial number? That seems absurd. A reputable seller would include an invoice in the box, (and e-mail me a copy of the invoice in PDF format) prior to shipping the item, and include a copy inside the box listing the serial numbers of all the components, router, modules, etc. and also include certificates of authenticity, clearly showing that the software is licensed, and that the hardware/software is genuine Cisco (and not counterfeit).

Unfortunately this was not the case. No serial numbers were listed (or given) by Darby Weaver. I have witnesses that watched me receive and open the box, watched me unpack the contents, and witnesses that examined the contents, examined the damage, and also examined all the serial numbers. Pictures were taken of everything, and all serial numbers have been recorded. I have nothing to compare it to (because there were no serial numbers listed, or given by Darby Weaver). I did contact the local police department, and gave them the serial numbers, just to make sure that they are recorded (and documented), so just to make sure that if the router is in fact stolen/illegitimate/counterfeit, that I did in fact contact the police department just to let them know that I did in fact receive these goods, and I did notify them (and gave them the serial numbers). If the stuff comes up as stolen, then I will turn it over to the police for prosecution of Darby Weaver (for selling stolen property). I did not get a proper invoice clearly listing the serial numbers, nor did I get any certificate of authenticity, nor does the equipment have any "genuine Cisco" seals, and the components don't have any "Genuine Cisco" halograms, and nothing appears to be genuine. At this point, I would need Cisco to take a look at the hardware (a Cisco Authorized Repair Center) and determine whether the hardware is in fact genuine, and if the Cisco IOS software is in fact licensed or whether it is counterfeit/pirated Cisco IOS hardware/software.

Again, there are no certificates of authenticity, and it does not appear to be genuine, and I have nothing from the seller or even a receipt from Cisco showing that the Cisco IOS software (12.3.16a) or hardware that was included in the sale are in fact genuine Cisco and not counterfeit or pirated software. The item was clearly described prior to sale, but the item received doesn't appear to be genuine and the Cisco hardware/software may be counterfeit/pirated Cisco IOS software, and I'm unsure as to whether the modules are genuine Cisco or not, they don't have any holograms, or anything showing that they are "genuine Cisco". I would need to turn the items over to a Cisco Authorized Repair Center to determine whether or not they are genuine Cisco hardware, and Genuine Cisco licensed (not pirated/counterfeit) Cisco IOS software. If the items are found to be counterfeit, then Cisco will destroy them (as per their Cisco agreement)


Please read about the problems with Counterfeit Cisco gear:

http://www.computerweekly.com/Articles/2008/03/06/229726/how-to-spot-a-cisco-fake.htm

Read about the latest DOJ release on the "Operation Cisco Raider" Initiative that is taking place, on cracking down on sellers that are trafficking fake/counterfeit Cisco gear and pirated Cisco IOS software (over the Internet, and on places such as E-bay). Reputable companies do sell things over the internet, but there are a small handful of crooks that do try to portray themselves as "reputable dealers/sellers" when in fact they are criminals that are engaging in trafficking counterfeit Cisco equipment and selling counterfeit products, and pirated Cisco IOS software over the internet.

http://www.usdoj.gov/opa/pr/2008/February/08_crm_150.html

Thousands of cases are "ongoing" and here are a small handful:

"On February 14, 2008, in the Northern District of Georgia, Todd Richard, 33, was sentenced to 36 months' imprisonment and ordered to pay $208,440 in restitution to Cisco Systems, Inc., as a result of his conviction for trafficking in counterfeit Cisco computer products. From late 2003 until early 2007, Richard imported shipments of counterfeit Cisco computer components from China, and separate shipments of counterfeit Cisco labels. He then affixed the fake labels to the fake components and sold the products on eBay, claiming that they were legitimate Cisco items. Richard sold over $1 million worth of counterfeit Cisco products in this manner. This case was investigated by ICE and prosecuted by the U.S. Attorney's Office for the Northern District of Georgia."

Here's another case...

"On January 4, 2008, in the Southern District of Texas, a federal grand jury returned an indictment charging Michael Edman, 36, and his brother Robert Edman, 28, with trafficking in counterfeit Cisco products. The indictment alleges that the Edmans purchased and imported the counterfeit computer network hardware from an individual in China. They later sold the counterfeit Cisco products to retailers of computer network products throughout the United States. According to the indictment, the Edmans shipped some of the counterfeit hardware directly to the Marine Corps, Air Force, Federal Aviation Administration, FBI, defense contractors, universities and financial institutions. These entities had purchased the product from a computer retailer serving as a middleman, which in turn purchased the products from the Edmans (a process known as drop shipping). The case was investigated by ICE and is being prosecuted by the U.S. Attorney's Office for the Southern District of Texas."

As you can see, these products are getting into the United States, and are being sold/trafficked here in the United State

"On April 17, 2007, in the Northern District of Texas, Mark Thomas Geis, 37, was sentenced to five years in prison and ordered to pay $1.5 million in restitution to Cisco Systems Inc. as a result of his conviction for conspiracy to traffic in counterfeit network hardware. The court found that Geis, doing business as VARGlobal and conducting business via eBay, conspired to traffic in approximately $4.2 million of counterfeit Cisco hardware. This case was investigated by the FBI. Geis had previously been convicted and sentenced to 46 months imprisonment in 2001 for conspiracy to defraud Microsoft Corporation. The case was investigated by the FBI and prosecuted by the U.S. Attorney's Office for the Northern District of Texas."

There's another one. I don't know what your associate is with SunGard Higher Education, I don't know how much equipment you move or traffic, but there are people out there that sell counterfeit equipment, pirated Software, and they try to make a living doing illegal things. It seems foolish, because eventually it will catch up to you, and the police will eventually crack down, and the few dollars you make aren't worth the headaches that you will suffer (or the jail time) for engaging in illegal activities.

I can't imagine why you would consider selling counterfeit hardware/pirated Cisco IOS software, but attempting to defraud customers is not good business, and not a smart thing to do. Eventually someone will notice, and eventually it will all catch up to you. Why ruin the reputation of your company, your business, and even risk the chance of going to jail just to make a few extra dollars and engage in illegal activities?

Darby Weaver claims: "5. He claims Paypal charges $40.00 to mediate. Anyone ever dealt with Paypal? They charge $0.00 to mediate and in fact hold the cash."

Really, well this is news to me. Well go ahead and initiate the mediation, pay for it, or do whatever it is that you need to do. If you initiate it, and set it up, then let me know and I'd be more than willing to participate, but unfortunately you don't do anything. You just talk about it. I've tried to initiate the Square Trade, but you've done absolutely nothing. You won't pay a penny, you won't make things right, you won't do a thing. You won't even pay for shipping, or even pay for mediation. Nothing. I really have no other choice other than to file civil and criminal charges against you. Take you to small claims court, for the damages, repairs, loss of use, legal fees, court costs, collection costs and interest (for the judgement). If you don't pay the judgment, the interest will accrue, the collections costs will increase, and eventually you will have to pay it. Criminal charges are a little different. In the State of Illinois it would be a felony (Grand Larceny/theft) and when you take someone's money, and defraud them, it's called theft/larceny. When you write a bad check, even though you "attempted to pay", it's still larceny. You defraud the store, and if they file a police report, and charge you with larceny, then the police will issue a warrant for your arrest, and when you get pulled over, or stopped for a traffic violation, then the warrant will pop up, and you'll be detained. They will call in the warrant, and then hold you for extradition. They will have to turn you over to the State of Illinois for extradition, and even if you attempt to fight extradition, it will just take 90 days of you sitting in jail, hoping that the governor won't sign it, but 99.9% of the time, the governor will sign the extradition paperwork, and that's just an extra 90 days you spent in jail (that doesn't even count towards your sentencing), just "wasted time". Then you get turned over to the State of Illinois, and must appear before an Illinois judge to answer the charges against you. I doubt that any Illinois judge would give you any type of bond (especially if you had to be extradited, and you live out of state) because you would be considered a "flight risk". So more than likely the judge would deny you bond, and just keep you in jail throughout the hearings. It may be 4-6 weeks (after your initial arraignment). At your initial arraignment, the charges will be read to you (so you know what you are being charged with), and you will be given an opportunity to seek legal counsel. At your first hearing, usually 4-6 weeks later, you can enter a plea (of guilty or not guilty). Then after a series of hearings (motion for discovery, etc.) and after 5 or 6 hearings, eventually you will probably want to go to trial. It could easily drag on for 9 months, maybe even a year before it finally goes to Trial (if you try to fight it). Meanwhile you just sit in jail, while a judge denies you bond because you live out of state, and are considered a "flight risk". More than likely, you will be convicted, because larceny is not difficult to prove, and you took the money (and never gave it back). You are well aware of the fraud you committed. (playing dumb/ignorant is not considered a defense or excuse).

Is a felony conviction worth it? I'm not an attorney, I can't give you legal advice, but I've seen it happen. It seems incredibly stupid, incredibly foolish, but people do stupid things sometimes. Is it worth 3-6 months in jail for stealing a candy bar? Probably not, I would seem to think so, but I've seen people do it. Take a 33 cent candy bar, attempt to steal/defraud, and when they get caught, suffer a 3-6 month misdemeanor conviction (that stays on their record), and usually they can get the sentence suspended (so as long as they don't get arrested or commit any crimes for 12 months, or 5 years, etc.) then they may get off on a suspended sentence, but if they violate their parole (fail to pay restitution, or fail to pay punitive damages) then they violate, and end up right back in jail again. The whole process starts over again. They are resentenced, and the second time around the judge usually doesn't want to hear it (you've already been convicted), and the resentencing is just to give you the 10 to 12 years that you deserved in the beginning, or even 5 years, but instead of the "suspended sentence", now you get to serve the full sentence.

Some people have hard heads, and some people need to do things the "hard way" and learn the "hard way". It's a part of life. Would I ever advise anyone to commit fraud, or steal a candy bar? Of course not, and it's incredibly stupid, and not worth the crime. But if you do the crime, be willing to do the time. Take your medicine like a man, and take responsibility for your actions, and take what's coming to you. Personally, I'd pay the 33 cents for the candy bar. I'd never even consider something so stupid and foolish. Yet, some people will do it. Maybe they enjoy it, or think they will never get caught, or enjoy the thrill of stealing, cheating, or defrauding another person (just for a little bit of monetary/financial gain), but in the long run... it will all catch up to you eventually.

Eventually the music will stop, and you'll get caught with your hand in the cookie jar. That's when it's time to "pay the piper", and you do the crime, then you do the time. Go ahead and look at the DOJ website, and read about all the stupid people doing stupid things, and look at the time these people are getting.

http://www.usdoj.gov/opa/pr/2008/February/08_crm_150.html

Selling/shipping counterfeit Cisco equipment/non-licensed/pirated Cisco IOS Software/hardware just doesn't seem like a smart thing to do. It's not the smartest idea, but some people try to make a buck, and screw another person over just to make a few extra bucks, but eventually it all catches up to them.

Darby Weaver claims: "Mark - I'm going to take the advice from some of the people who are reading this entire story line on one of the forums I frequent"

Darby, I just want to make it very clear that all my e-mails, posts and messages are copyrighted works.

-------------------------------
Copyright 2008 Mark Malewski
-------------------------------

Before you go off copying, reproducing, or posting any of my messages, e-mails, or any communications (or private information) please consider the legal consequences of violating U.S. Copyright laws.

All "original works of authoriship" to include any E-mails, posts, messages, and materials written by me, or contained on this website are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, printed, published or broadcast without the prior written permission of Mark Malewski or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.

-------------------------------
Copyright 2008 Mark Malewski
-------------------------------

I have informed you of the notice of Copyright, and have informed you that the work is protected by copyright, furthermore in the event that a work is infringed, you have been given proper notice and a court will not give any weight to a defendant's interposition of an innocent infringement defense - meaning you can't "play dumb" and claim that you didn't know.

Please take a good look at U.S. Copyright Office - Copyright Notice (Circular 3):

http://www.copyright.gov/circs/circ03.html


You may want to think twice about the legality of your actions, because just by forwarding an E-mail, it could be considered a violation of Copyright laws:

http://www.out-law.com/page-7768

Darby, not sure how anyone else can be "reading this entire story" on another forum you frequent, but please give me the website address, because I'm very interested in seeing this story on another website, and I'd like to see how it got there, and who posted it.

Please take note that: "For works first published on and after March 1, 1989, use of the copyright notice is optional."

I did notify you, and made it very clear, and gave you proper notice. If you have posted, copied, printed, forwarded, reproduced or distributed anything that I authored, without my express written permission you are violating U.S. Copyright laws. I have given you notice, and please send me a link to whatever website you claim that people are reading this "entire story" on, because I would like to see who posted, reproduce, or distributed this "story".

I believe if you look at the bottom of this webpage you will note this:

Copyright 1999-2007, Ripoff Report. All rights reserved.

What this means, is not only are my original works (authored by me) copyrighted, but all material on this website seems to be protected by "Ripoff Report" and their copyright notice as well.

If you read the terms and conditions of the website, you agree (by use of this site) to their copyright notice as well.

You may want to take notice of the following paragraph under their terms and conditions:

"You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and except as otherwise permitted by law."

I can't imagine that you would do anything illegal, or violate any copyright laws, but if you did reproduce, copy, post anything written or authored by me (without my expressed written permission), please do let me know where you posted it to, please just send me a link, because I would love to see it.

You may also want to consider where you got my personal information, and consider the PayPal terms and conditions as well as the E-bay terms and conditions.

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You may want to reference the PayPal terms and conditions that you agreed to when you created a PayPal account:

https://www.paypal.com/us/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/USUA

So before you run off posting, and publishing my personal information, or copying or distributing anything that I have authored (without my express written permission), you may want to sit down and consider the consequences and legal ramifications of your actions.

Again, I'm not your legal counsel, and I can't offer you legal advice, but just understand that you may be violating the law (and you could be held liable for your actions). If you have posted, copied, printed, reproduced, or distributed anything authored by me, destroy it immediately, and notify me (because I have not given you any expressed written notice to copy, reproduce, or distribute anything authored by me).

If you wish to create a link, and post a link back to this page, then I have no problem with you doing so (you may want to discuss this with Ripoff.com, because I don't know what their policy is in creating links to content on their website, but I would have no problem with you posting a link to this article/post. But directly copying any text, reproducing it, or distributing it, or forwarding it (even forwarding an E-mail) would be in violation of U.S. Copyright law.
I have informed you of notice of Copyright.
-------------------------------
Copyright 2008 Mark Malewski
-------------------------------

Now that we made that very clear, let's move on.

Darby Weaver claims: "Mark - I'm going to take the advice from some of the people who are reading this entire story line on one of the forums I frequent"

Please let me know how this "entire story line" is being read on one of the forums you frequent. Seems interesting, and I'd like to see who reproduced, copied, or redistributed any of my authored works, to include anything I have authored or written on this website, or any posts I have made, or any messages, or E-mails I have written, or any personally identifiable information that you have obtained either via PayPal, or E-bay (again, a direct violation of their terms and conditions that you agreed to when you opened your accounts, as well as a violation of Copyright Law)

You may want to review the terms and conditions that you agreed to (on both E-bay and PayPal) when you opened your account, and also take notice of the following notice at the bottom of each page:
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Copyright 1999-2008 PayPal. All rights reserved.
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Copyright 1995-2008 eBay Inc. All Rights Reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the eBay User Agreement and Privacy Policy.
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I can't imagine that you would deliberately ignore and violate U.S. Copyright laws, as well as violate the User Agreements and Terms & Conditions that you agreed to when opening your accounts, or using the E-bay, PayPal, or Ripoffreport.com websites. You may want to review them, and actually read what you have agreed to, and what you may be held liable for.

As if that wasn't enough, let me remind you one more time:

I have informed you of notice of Copyright.
-------------------------------
Copyright 2008 Mark Malewski
-------------------------------


Please take a good look at U.S. Copyright Office - Copyright Notice (Circular 3):

http://www.copyright.gov/circs/circ03.html


Personal "Ignorance" is not a defense. It doesn't hold up well in court.

If you are ignorant, and unfamiliar with U.S. law, then you may want to seek legal counsel, or have an attorney explain it to you. I can not give you legal counsel, or legal advice. You may want to talk to an attorney, and you really should consider the legal consequences, and the legal liability of your actions.

Now that we made that very clear, let's move on.

Darby Weaver claims: "and let you know that if you want a refund to do the following: 1. Ship the item back to me as-is (recall you sent me pictures of the damaged goods)."

Darby, as I stated previously, you took my money and you defrauded me. Yes, I notified you of the fraud, and I also sent you pictures (and you state that you have seen and received). I gave you notice of the damage, and condition of the goods, and made it very clear that this is NOT as described. Therefore, you have not fulfilled the legal contract, or legal obligation to me (that you agreed to). You entered into a legal and binding agreement (you may want to reference E-bay's terms and conditions and User Agreement).

You seem to be a very ignorant person, so please make note:
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-fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
-fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
-manipulate the price of any item or interfere with other user's listings;
-circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;
-post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
-take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to eBay);
-transfer your eBay account (including feedback) and User ID to another party without our consent;
-distribute or post spam, chain letters, or pyramid schemes;
-distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
-copy, modify, or distribute content from the Sites and eBay's copyrights and trademarks; or
-harvest or otherwise collect information about users, including email addresses, without their consent.
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So far you have a pretty good average, and you have violated the terms and conditions of every site you have accessed and engaged me on so far. To include E-bay, PayPal, and even Ripoff.com. I'm not sure what other sites you "frequent", but there's probably a good chance that you violated their "acceptable use" policies, and their "terms and conditions" as well (as well as possibly violated Copyright Infringment Laws by copying, reproducing, distributing content without the expressed written approval of the author or user, as well as the owner of said websites.

I know you didn't contact me prior to posting my personally identifiable information (that you either obtained through PayPal, or E-bay). I know that I didn't give you expressed written permission (or expressed written consent), so you're not doing so well when it comes to following the basic (and simple) laws of this country.

I'm not sure what planet you are from, but here in the United States we do have laws. You really should follow them, and abide by them. It might make your life a little easier and simpler. As a CCNP (Cisco Certified Network Professional), it would seem that you would be quite familiar with the Cisco terms and conditions that you have agreed to.

Darby, I would like to know: Is SunGard Higher Education a genuine Cisco authorized dealer/reseller?

Please read this article:

http://www.coastnetwork.com/counterfeitcisco.html

Please reference this Counterfeit Cisco Part Number list:
http://www.coastnetwork.com/ciscocounterfeitarticles/counterfeitciscopartnumbers.html

Notice that the NM-4E is on this list. It is a known counterfeit component.

Please take note: "Another way that the end user finds out in advance of a product failure is when they go to register the product with Cisco (for example, the customer buys a SmartNet Maintenance contract) and they are informed that the serial number is already registered to another end user. What is insidious about the counterfeiters is that the serial numbers are often valid Cisco numbers; they just happen to rightfully belong to someone else."

I have asked you for a receipt/invoice showing the serial numbers of the Cisco products that I have purchased from you. I still have not received that receipt. That doesn't mean that I still can't have you prosecuted, but it does show that you probably aren't a reputable seller/company because a reputable seller/company will include all serial numbers on the invoice/receipt. A copy of this invoice receipt is usually e-mailed (in PDF format) prior to shipment of the goods, and usually as soon as payment is made (and prior to shipment). This gives the buyer the opportunity to check/verify the serial numbers with Cisco. Since this did not happen, I had no prior opportunity, and even inside the box there is no receipt or invoice listing the serial numbers.

I did protect myself because I do have witnesses that witnessed the delivery of the package, witnessed the opening of the package, witnessed the unpacking of the package, as well as witnessed the condition, damage, and inspection of all the contents, and even witnessed me taking pictures of all the contents, as well as witnessed the serial numbers, and took note of all serial numbers.

If it turns out that you sold counterfeit Cisco hardware/non-licensed and/or pirated Cisco IOS Software, then you can (and will) be held legally liable and responsible. You can (and probably will) face civil and criminal charges. I have made you aware of it, I have contacted you, and I have asked that you "make things right", but if you choose not to replace/repair/exchange the items (with Genuine Cisco products) then you are choosing to traffic counterfeit products. Choosing to traffic counterfeit Cisco products/Cisco IOS Software, and to do so over the Internet, and across state lines, does make it a Federal Crime (as well as state crime). You can be charged and prosecuted in the State of Illinois, as well as the State of Florida, as well as Federal charges (for not only State crimes, but Federal crimes as well).

You could be charged for the crime in Illinois (for violating Illinois State laws), and be charged in Florida (for violating Florida State laws) and still be charged by the FBI (for violating Federal laws).

Trafficking counterfeit goods hurts everyone. It hurts Cisco, its shareholders, dealers, customers, and honest businesses (and individuals) who end up with phony product. It is theft - intellectual property theft (and there are laws against this as well).

I have voiced my concerns and I have made you aware of it. I have asked for certificates of authenticity, and I am asking for receipts showing that you purchased/licensed the Cisco IOS Software, because I would really hate to find out that you were trafficking counterfeit Cisco hardware/pirated Cisco IOS Software.

I don't believe the products to be Genuine Cisco, because I don't see any Cisco seals, or halograms, or any certificates of authenticity. It would seem odd that as a CCNP (Cisco Certified Network Professional) that you would be unfamiliar with Cisco's policies, and guidelines towards Counterfeit manufacturers and Counterfeit resellers, and it would seem foolish for a Cisco Certified Network Professional to knowingly install a counterfeit Cisco IOS, or traffic/sell a counterfeit/pirated Cisco IOS Software/hardware.

I did make you aware of it, I voiced my concerns to you, and I have asked you to either repair/replace/exchange the items with Genuine Cisco products. If these items are in fact counterfeit, I will hold you legally liable for defrauding me.

Either repair this equipment (at a Cisco Authorized Repair Center), so that they can repair this equipment, and restore it to the original condition in which it was described (and sold) to me. This equipment was not received in the condition described, and therefore it needs to be repaired/restored to that same condition (so that it's acceptable, working, and in the condition as advertised/described).

This needs to be done at an Authorized Cisco Repair Center (so that they can use Genuine Cisco parts, and verify the authenticity of the Cisco components, and Router, IOS, etc.).

It's very easy for Cisco to determine whether an item is counterfeit or not, and to check/research the IOS to determine whether it was a licensed IOS, or pirated/counterfeit IOS.

Take a peek at this article:

http://www.networkworld.com/community/node/25532

Here is another good article:

http://www.channelregister.co.uk/2007/12/28/cisco_counterfeit_goods_texas/

Another good article:

http://www.channelregister.co.uk/2007/10/02/cisco_counterfeit_equipment/

It clearly shows that Cisco is working hard to make sure that companies (such as Darby Weaver - SunGard Higher Education) are not shipping counterfeit Cisco products.

You may want to reference the "CISCO POLICY - NON-ENTITLEMENT SERVICE AND SUPPORT OF NON-GENUINE CISCO PRODUCTS"

http://www.ciscosystems.com/en/US/prod/prod_warranty0900aecd8013f24e.pdf

I'm sure as a CCNP (Cisco Certied Network Professional) that you are well aware of Cisco's policies, and undertand that Cisco does not service or warranty "NON-GENUINE" Cisco products.
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1. Non-Genuine Product means any Cisco product:
(a) to which a Mark has been affixed without Cisco's consent or in violation of Cisco policies;
(b) that do not originate from Cisco or are produced without the approval of Cisco; and
(c) that are generally produced, marked or labeled as counterfeits or imitations of a genuine Cisco product with the intent to counterfeit or imitate a genuine Cisco product and
(d) are distributed or sold as authorized Cisco products when they are not.
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2. Services. Cisco does not offer for sale or otherwise any kind of services whatsoever for Non-Genuine Products. None of Cisco's service offerings (as set forth on any of Cisco's price lists) applies to any Non-Genuine Products.
3. Any and all service contracts and/or hardware or software warranty obligations pertaining to Non-Genuine Products are void. Upon Cisco's discovery of any Non-Genuine Products, Cisco shall immediate terminate any and all associated services and/or warranty support for such Non-Genuine Product, and pursue other available legal remedies.
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You may want to take note that any "Non-Genuine" Cisco Equipment can and will be destroyed if it is taken in to a Cisco Authorized Repair Center (and is found to be NON-GENUINE or counterfeit). Genuine equipment can be serviced and repaired, but non-genuine equipment can/will be seized and destroyed by Cisco.

You may want to reference this article, it's a good article about Florida's Deceptive and Unfair Trade Practices Act (Law) and how selling counterfeit Cisco equipment/pirated Cisco IOS software is against the law, and

Please read this article:

http://www.govexec.com/dailyfed/0907/092807j1.htm

In the article: The government is entitled "to be made whole," meaning that the contractor can be forced to replace faulty or counterfeit products and pay all accrued costs.
"It's perfectly common for government to say 'I'm not paying for what you gave me,' or 'I get my money back AND you're going to pay for a new product, as well as the cost to remove what you gave me and install the replacement,'" Schooner said.

As you can see, that it is perfectly common for a customer, buyer, or client to say "I'm not paying for what you gave me" and "I get my money back AND you're going to pay for a new product" when it comes to dealing with fraud and counterfeit goods.

Sellers, distributers, traffickers, and companies/contractors can legally be held liable for shipping/selling counterfeit Cisco products.

It's illegal, it's a breach of contract, and the seller is responsible for "paying the penalty" of such actions.

Darby Weaver claims: "2. You get a refund. - Otherwise it is assumed you are happy with the goods received."

Darby, as I stated previously, that no I don't want a refund, I just want the goods repaired/replaced/exchanged for Genuine Cisco products and by an Authorized Cisco Repair Center. That's all I want, nothing more, nothing less.

No I'm not happy, nor am I accepting counterfeit Cisco products as fullfillment of your legal obligation to me. This is a breach of contract, and I have asked you repeatedly to "make things right" (that means repair/replace/exchange the damaged, counterfeit/pirated products).

If you choose not to repair/replace/exchange the products, then that means you "willingly" sold me these counterfeit products and refuse to "make things right" by replacing/exchanging them with Genuine Cisco products, and therefore you defrauded me (by taking my money, and selling me Counterfeit/pirated Cisco IOS products).

Your legal obligation to me is this:

In the article: The government is entitled "to be made whole," meaning that the contractor can be forced to replace faulty or counterfeit products and pay all accrued costs.
"It's perfectly common for government to say 'I'm not paying for what you gave me,' or 'I get my money back AND you're going to pay for a new product, as well as the cost to remove what you gave me and install the replacement,'" Schooner said.

This means, that you (Darby Weaver - SunGard Higher Education) as the seller/shipper of such Cisco counterfeit/unlicensed-pirated IOS software product, did attempt to defraud me. That is illegal. You do have a moral and legal obligation to "make things right" and that I am entitled to "be made whole", meaning that you (Darby Weaver - SunGard Higher Education) can be forced to replace faulty or counterfeit products and pay all accrued costs.

It's perfectly common for a customer/buyer to say "I'm not paying for what you gave me" or "I get my money back AND you're going to pay for a new product, as well as the cost to remove what you gave me and install the replacement".

Again, I'm not a lawyer, and you may want to consult with legal counsel, but it is illegal to traffic/sell/ship counterfeit Cisco hardware/pirated Cisco IOS Software.

You can be held liable (both civilly and criminally). If you choose not to "make things right" then I will have no other choice but to call the police, file a police report, and charge you with Larceny (theft). You have defrauded me, and there are a list of various other charges (both in the State of Illinois, State of Florida, and Federal charges) for various crimes that were committed (to include theft/larceny, traficking counterfeit goods, violations of the Florida Deceptive and Unfair Trade Practices Act, and an attempt to defraud me).

I would think that it would be better for you to "do what is right" and "make things right" instead of trying to brush this under the rug, and attempting to defraud me. I have made you aware of it, yet you choose not to correct this situation (by repairing/replacing/exchanging the damaged goods). If during the repairs the goods are found to be counterfeit, then they will automatically be seized (and destroyed) by Cisco. This is part of the agreement that you sign, when you authorize repair at a Cisco Authorized Repair Center. So if the goods are found to be NON-GENUINE, or pirated, they will be seized and destroyed.

You will be responsible for replacing them with GENUINE Cisco products. I have tried to reason with you. I have tried to be fair, and tried to negotiate with you (a fair settlement), but you refuse to accept my offers. You seem to want to do things the "hard way" and refuse to acknowledge that you have defrauded me, and that you did breach of contract.

Not only was it a breach of contract, but you may have conducted illegal (and criminal) activity by trafficking, selling/shipping counterfeit/pirated goods over the Internet, and across state lines.

In addition to the criminal charges, you will still be held responsible (for punitive damages) and still have to deal with civil charges (In the article: The government is entitled "to be made whole," meaning that the contractor can be forced to replace faulty or counterfeit products and pay all accrued costs.
"It's perfectly common for government to say 'I'm not paying for what you gave me,' or 'I get my money back AND you're going to pay for a new product, as well as the cost to remove what you gave me and install the replacement,'" Schooner said.)

Again, I'm not a lawyer, but I am entitled to be "made whole" again. You (Darby Weaver - SunGard Higher Education) can be forced to replace faulty or counterfeit products and pay all accrued costs.

That includes loss of use, replacement cost, installation & configuration, legal fees, collection costs, plus interest (all accrued costs).

At this point, I am not seeking criminal (or even Civil) charges against you. I am just kindly asking you to "do the right thing" and replace the questionable/damaged product, with a replacement. Replace/exchange it with a genuine Cisco product. That's all I'm asking, nothing more, nothing less.

I do believe that a judge would rule in my favor, and I do believe that you could get charged (both civilly and criminally) for what you have done. It's illegal to traffic counterfeit goods, it's illegal to defraud a customer, and it's larceny (to steal my money), and a breach of contract is a whole seperate case in itself. In a breach of contract you could be held liable to not only refund/return my money, but you could be held liable for pay for a new product, as well as the cost to remove what you gave me and install/configure the replacement, as well as all associated costs, legal fees, court costs, collection costs, and interest. A buyer is entitled to "be made whole" again and the seller can be forced to replace faulty or counterfeit products and pay all accrued costs. It is perfectly common for a buyer to say "I'm not paying for what you gave me" or "I get my money back AND you're going to pay for a new product, as well as the cost to remove what you gave me and install/configure the replacement".

I'm not saying that I would seek such damages, but I'm just saying that in addition to "being made whole" again, there are criminal issues that need to be addressed. Did you in fact traffic counterfeit equipment? Did you knowingly and willingly attempt to sell/defraud me? These are all seperate issues, and criminal charges are a completely different ballgame.

Not only do I have the right to a complete (and full) refund, but you have no right to even ask for the counterfeit equipment (evidence) back, and that is a criminal issue and that evidence can (and probably will) be turned over to the police for criminal prosecution. That doesn't mean that you are not liable for giving me a complete and full refund of my money, and in addition to that be held liable for "being made whole again" which I would get my money back AND you're going to pay for a new product as well as the cost to remove what you gave me and install/configure the replacement.

That would constitute "being made whole" again. It still wouldn't cover the "loss of use", but I would think that it's fair enough, and that a judge would agree to it (and rule in my favor). The criminal charges are a whole separate issue, and I believe that a judge would convict you for fraud, larceny/theft, and traficking counterfeit Cisco products (pirated hardware/Cisco IOS software). There are various other charges to include breaking the Florida Deceptive and Unfair Trade Practices Act by supplying counterfeit Cisco network hardware/pirated Cisco IOS software. As well as possible Federal charges for traficking counterfeit goods, and interstate trade violations (selling counterfeit goods over the internet, shipping counterfeit goods across state lines, taking electronic payment via the internet and theft of money/defrauding a buyer). I'm not a lawyer, I can't offer you any legal advice, but I did talk to a local police officer, and he did say there are about 35 to 40 different charges (local, state, federal) that you could be charged with. How many would stick, or how many you would be convicted of, that would be up to the judge and jury. Different agencies would need to be involved, and you would be charged separately for each crime, and each jurisdiction. Federal (FBI) has their own laws, and the State of Illinois has their own laws, and the State of Florida has their own laws. You can be charged in all three jurisdictions because you committed a crime in the State of Illinois (against me), you committed a crime in the State of Florida (by violating Florida State law), and you commited Federal crimes (by traficking counterfeit goods, taking/stealing money via electronic payment over the internet, selling counterfeit goods over the internet, and shipping counterfeit goods across state lines). These are all separate and individual charges.

The officer I talked to explained that Cisco can get involved (for theft of Intellectual proprty, Copyright/Trademark infringement, etc.) for selling counterfeit/pirated equipment/software. There could be as many as 3 or 4 different "plantiffs" in such a case, and charges can be brought against you by each plantiff in the case. I'm not sure as to whether Cisco would seek prosecution as well, but if they did... those would all be separate charges. Ebay and PayPal usually do co-operate with law enforcement, and seperate charges could be filed on their behalf as well. My bank probably would co-operate with law enforcement as well, and separate charges could be filed on their behalf as well. Would everything stick? More than likely a "plea agreement" would be made, and some charges may be dropped in exchanged for a stiffer sentence/penalty for the charges that are accepted/plead guilty on. Again, I'm not a lawyer, and I can't offer any legal advice, nor can I predict the future, or even what will/could happen, I'm just saying that there are legal consequences and ramifications for selling pirated/counterfeit goods to a consumer.

I know you seem to think that it's "nothing" and "no big deal", and that you just want to "brush everything under the rug" because you are some "famous" and "legendary" and "world renown" person. To be honest, I've never heard of you, I do not know you, and prior to this purchase I had no idea who you even were, or that you even existed. I am not trying to embezzle anything out of you, I don't want any money, I don't want anything from you, all I want is for things to be "made right". I want you to exchange/repair/replace the damaged/questionable equipment. Either repair it, or replace/exchange it. If it is brought in for repair to a Cisco Authorized Repair Center (and it is found to be counterfeit), then I would ask that it not be destroyed, but instead turned over to law enforcement (as evidence) so that you may be criminally prosecuted. I would still seek civil and punitive damages (a full refund, in addition to paying for a new product as well as the cost to remove what you sold me and install/configure the replacement, as well as the "loss of use" during the past month).

I believe that there is sufficient evidence, and I have enough witnesses that can give testimony, and I still have the goods, original box, and all packing material. I do believe that a judge would rule in my favor. I do believe that the Feds, as well as Cisco, E-bay, and PayPal could possibly even intervene as "friends of the court" and offer additional testimony if called upon (and possibly even additional/seperate charges).

Is it all worth it? Is committing fraud really worth it? Is taking a 33 cent candybar worth the risk (and punishment) if convicted? Is the crime worth the time? I would think that looking at the facts would be enough of a deterant, and I don't know of anyone in their right mind who would think it was smart to steal a 33 cent candybar, and think they could get away with it, and think that it was smart or even a good idea to do. If caught, and if convicted, the price (of commiting the crime) could far outweigh the financial benefit (of stealing a 33 cent candybar). Would you risk 3-6 months in jail, for petty theft, and stealing a candybar? A 33 cent candybar? Would it be worth it to you? Wouldn't it make more sense to just pay for the candy bar? Do the right thing. Pay the 33 cents, be honest, take responsibility, and just pay it? Feel good about yourself knowing that you did the "right thing" and sleep good at night?

Some people enjoy screwing others, and think that "no one" will ever catch them, or some even think that they can't be caught (or convicted). Many think they are "above the law" and "above reproach". Try convincing a drug dealer that he can (and eventually will) get caught, and could face very stiff and harsh penalties for the crimes he has committed. Some just don't care, and some don't even want to hear it. They are only concerned with making that money (and screwing others). Eventually it all catches up to them, and in the end they usually get caught and prosecuted. Is it worth doing the time? I would never recommend committing a crime, but if you do, then be willing to do the time. As the saying goes... Do the crime, do the time. Just accept it, and deal with the consequences of your actions.

My question to you is, HOW FAR do you want to take this? Do you want to keep escalating the problem? We can keep escalating the issue, and we can continue bringing it forward, and forward, and forward. But I do believe in the end, that the complete truth will be "told" and "known", and in the end... it will be you Darby Weaver (SunGard Higher Education) that ends up with the egg on your face, and I believe that you will be convicted and punished.

At this point, I'm not even considering legal (or criminal) action against you, and I have tried to reason with you, and I have just asked that you "make things right". If you are unwilling to arbitrate, unwilling to "make things right" and unwilling to take responsibility for your actions, then you leave me no choice. I have to keep moving forward, and take it to the next step. I have exhausted all means at this level. I have contacted E-Bay, PayPal, FedEx, Square-Trade, and even VISA. All of which have suggested that I just contact the police and file a police report. Let the police handle it, and turn it into a criminal investigation.

I just know that it would turn a bad situation into a worse situation (for you), and I would rather try to resolve this amicably, but some people are very stubborn and hard-headed, and the only way they understand (or know) is the "hard way". They need to learn (and do) everything the "hard way". It's the only way they understand.

Just by talking to you, I can see that you are one of those "hard-headed" people. Very stubborn, very thick-skulled, and very low on brains. The perfect criminal, and this is why criminals get caught and convicted. Pretty dumb, and they do stupid things. I have your real name, all your real info, and all the evidence and proof that I need.

I just want you to think long and hard about what you are doing. You knowingly and willingly sold this counterfeit/pirated software/equipment to me. You did it of your own free will (no one put a gun to your head). These are your choices (not mine), and I'm just asking you... are you sure this is what you really want to do?

You've already done it, but I'm still asking you just one more time, are you sure this is what you REALLY want to do? I would think that if you discussed this with a lawyer, or legal counsel (or even a friend), I think that they would agree that you are being a hard-headed moron, and that the penalties far outweigh the benefits (monetary gain that you get by screwing me over), but it's as if you are standing there with the 33 cent candybar, and you've already walked outside, left the store, have no intentions of paying, and I walk outside and say "Sir, I have you one videotape, I witnessed you do it, there are lots of witnesses, are you sure you don't want to just pay for the candybar? It's only 33 cents? Are you really sure?

The person gives you the middle finger, and walks away. Ok, so be it. The police grab him, put the cuffs on him, and away he goes. The crime was already committed, but I at least have the option of seeking prosecution. I don't need to exercise that right, but I can. (As can Cisco, as can E-bay, as can PayPal, as can my bank), and I believe that even the State can seek prosecution (even if I just file a report, and choose not to prosecute you, I believe that the state can still prosecute you anyways... if it chooses). It's highly unlikely that the state would win (without any witnesses willing to testify), but I believe even a police officer can file charges and testify as a witness (giving a sworn testimony of the complaint).

Again, don't quote me on that, because I'm not a lawyer, nor can I give any legal advice, this is just things I have heard (each state is different, but in certain states the state or even a commonwealth) can convict you without any witnesses (just based on the statement/testimony alone given to an officer). I don't know the laws in your state, nor do I know all of the laws in my state, nor am I familiar with Federal laws, but there are lawyers that do specialize in Illinois State law, Florida State law, and Federal state law. It may be beneficial to you, to consult with legal counsel (from each of the different states, and a lawyer that deals with Federal law), just so you are aware of what "could" happen, or what you "could" be charged with, or faced with.

It's up to the police officers, prosecuting attorneys, states attorneys, and even ultimately up to the judges to prosecute a person. It all starts with a formal complaint (a police report). If the officer decides to file charges based upon the complaint, then he will. It s****.> I just can't imagine you wanting this. It's like snatching up a 33 cent candy bar (in plain view) and laughing, and even mocking the witnesses (almost as if "I really don't care if I'm caught or not"). It's as if you are spitting in the face of the law, and as if you believe that you are "above the law" and "above reproach". I really don't think that you are that "famous" and "legendary" and "world renown" and have that much "clout" and pull (despite your claims of knowing the Mayor of Orlando, and States Attorney of Florida). Despite your claims, I don't believe that you are "above the law" and that you won't get charged and convicted. I don't care who you think you are. A crime is a crime. You break the law, you commit fraud, and you pay the price. It's pretty simple, and pretty cut and dry.

You do the crime, you do the time. My question to you is, are you really sure that you willingly and knowingly want to do this? We can move forward, and I assure you that we can keep escalating this, step by step, and each stair just brings it higher and higher.

Mark,

My mom always told me: "The truth will stand when all else falls".

Well the claims process from Paypal is nearly due so I thought I might let you know what you might expect from that point.

Recall I told you in one of our initial emails that I would not be party to a fraudulent claim against Fedex (for $100.00 - that is all a claim is worth on its best day and likely $0.00 since the box is undamaged). I know I shipped a perfectly good router and while an electronic part might fail (thus my non-DOA 100% refund policy) - I never expected it to get mangled in while in a packed box. :)


Well you persisted to drag me in the mud as if I were the fraudulent party... right?

I could have cared less at first about your frail antics. Really I would have gladly refunded you per my many offers to that effect. Just because...


So... I've been playing defense so far.


You my friend are a parasite and I think it interesting that you have exposed yourself in this manner.

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Mark,

My mom always told me: "The truth will stand when all else falls".

Well the claims process from Paypal is nearly due so I thought I might let you know what you might expect from that point.

Recall I told you in one of our initial emails that I would not be party to a fraudulent claim against Fedex (for $100.00 - that is all a claim is worth on its best day and likely $0.00 since the box is undamaged). I know I shipped a perfectly good router and while an electronic part might fail (thus my non-DOA 100% refund policy) - I never expected it to get mangled in while in a packed box. :)


Well you persisted to drag me in the mud as if I were the fraudulent party... right?

I could have cared less at first about your frail antics. Really I would have gladly refunded you per my many offers to that effect. Just because...


So... I've been playing defense so far.


You my friend are a parasite and I think it interesting that you have exposed yourself in this manner.

Claim Resolution Tips
-------

How long will it take PayPal to make a decision on my claim?

We will make every effort to resolve this claim within 30 days. During that time, we will be reviewing the details of the case and gathering information from you and the buyer. Our goal is to decide each case as quickly and fairly as possible.

What is the status of this claim?

The status of your claim can be found near the top of the Claim Details page.

When the status of your claim changes, you'll be notified by email.

For an overview of the steps involved in resolving a PayPal claim, click the Status message. Also, the History Log records all of the activity in your case.

How can I submit information to contest a claim and what kind of information would be most useful?

Your Claim Specialist will ask you for the information that they believe will be most useful in deciding a claim.

Most information can be submitted online through the Resolution Center but you may be asked to submit additional materials by fax.

To ensure that the information you submit is added to your case file, be sure to use the fax cover sheet we provide and include your case number. Your case number can be found in the subject line of any email you receive from PayPal about the case and above the blue box on the Claim Details page.

What is the Seller Protection Policy and how can I qualify for coverage?

The Seller Protection Policy is a set of "best practices" we encourage all sellers to follow. By following these guidelines, you help ensure that PayPal will have the evidence it needs to successfully protect you against fraudulent claims of non-receipt or unauthorized activity.

When you follow the Seller Protection Policy guidelines, you have access to your funds while the claim is being decided and any chargeback fees imposed by card issuers are waived.

Review the User Agreement.

What can I do if I believe a buyer's claim is fraudulent?

We want to know if you believe that a buyer's claim is fraudulent. PayPal takes action against buyers who file fraudulent claims and we welcome any information you might be able to provide. Once a case is closed, you will be able to report a fraudulent claim through the "Report Fraud" link on the Claim Details page.

The best way to avoid liability due to fraudulent claims is to follow the Seller Protection Policy guidelines. These "best practices" help ensure that PayPal has the information it needs to successfully prove a fraudulent claim.

How long do I have to respond to a claim?

To ensure that claims are resolved in a timely manner, both sellers and buyers are required to respond to requests for information within specific timelines. The deadline is shown at the top of the Claim Details page.

Keep this deadline in mind. Failure to supply information within the deadline may result in a claim automatically being decided in the buyer's favor.

What is a temporary hold?

Until a claim is decided, the funds associated with a transaction may be temporarily held. This helps ensure that the funds are available in your account if the claim is decided in the buyer's favor.

If you followed the guidelines of the Seller Protection Policy, though, your funds are not subject to a temporary hold.

What is the difference between a dispute, a claim and a chargeback?

A buyer who wishes to reverse a payment can file a claim with PayPal or, if they used a credit or debit card, a chargeback with their card issuer.

A buyer files a claim when they contact PayPal directly to reverse a charge. Before filing a claim, though, most buyers must open a dispute and are encouraged to communicate directly with you to resolve any issues. If you are unable to work out an agreement, you or the buyer can escalate a dispute to a claim with PayPal.

A buyer files a chargeback when they contact their card issuer to reverse a charge. The card issuer contacts PayPal and asks for specific information about the transaction. PayPal requests this information from you so that we can respond to the card issuer. Using the information you provide, the card issuer decides whether the buyer's chargeback is valid. If a buyer files a chargeback, any open PayPal claims will be automatically closed.


Copyright 1999-2008 PayPal. All rights reserved.

Mark,

My mom always told me: "The truth will stand when all else falls".

Well the claims process from Paypal is nearly due so I thought I might let you know what you might expect from that point.

Recall I told you in one of our initial emails that I would not be party to a fraudulent claim against Fedex (for $100.00 - that is all a claim is worth on its best day and likely $0.00 since the box is undamaged). I know I shipped a perfectly good router and while an electronic part might fail (thus my non-DOA 100% refund policy) - I never expected it to get mangled in while in a packed box. :)


Well you persisted to drag me in the mud as if I were the fraudulent party... right?

I could have cared less at first about your frail antics. Really I would have gladly refunded you per my many offers to that effect. Just because...


So... I've been playing defense so far.


You my friend are a parasite and I think it interesting that you have exposed yourself in this manner.

Claim Resolution Tips
-------

How long will it take PayPal to make a decision on my claim?

We will make every effort to resolve this claim within 30 days. During that time, we will be reviewing the details of the case and gathering information from you and the buyer. Our goal is to decide each case as quickly and fairly as possible.

What is the status of this claim?

The status of your claim can be found near the top of the Claim Details page.

When the status of your claim changes, you'll be notified by email.

For an overview of the steps involved in resolving a PayPal claim, click the Status message. Also, the History Log records all of the activity in your case.

How can I submit information to contest a claim and what kind of information would be most useful?

Your Claim Specialist will ask you for the information that they believe will be most useful in deciding a claim.

Most information can be submitted online through the Resolution Center but you may be asked to submit additional materials by fax.

To ensure that the information you submit is added to your case file, be sure to use the fax cover sheet we provide and include your case number. Your case number can be found in the subject line of any email you receive from PayPal about the case and above the blue box on the Claim Details page.

What is the Seller Protection Policy and how can I qualify for coverage?

The Seller Protection Policy is a set of "best practices" we encourage all sellers to follow. By following these guidelines, you help ensure that PayPal will have the evidence it needs to successfully protect you against fraudulent claims of non-receipt or unauthorized activity.

When you follow the Seller Protection Policy guidelines, you have access to your funds while the claim is being decided and any chargeback fees imposed by card issuers are waived.

Review the User Agreement.

What can I do if I believe a buyer's claim is fraudulent?

We want to know if you believe that a buyer's claim is fraudulent. PayPal takes action against buyers who file fraudulent claims and we welcome any information you might be able to provide. Once a case is closed, you will be able to report a fraudulent claim through the "Report Fraud" link on the Claim Details page.

The best way to avoid liability due to fraudulent claims is to follow the Seller Protection Policy guidelines. These "best practices" help ensure that PayPal has the information it needs to successfully prove a fraudulent claim.

How long do I have to respond to a claim?

To ensure that claims are resolved in a timely manner, both sellers and buyers are required to respond to requests for information within specific timelines. The deadline is shown at the top of the Claim Details page.

Keep this deadline in mind. Failure to supply information within the deadline may result in a claim automatically being decided in the buyer's favor.

What is a temporary hold?

Until a claim is decided, the funds associated with a transaction may be temporarily held. This helps ensure that the funds are available in your account if the claim is decided in the buyer's favor.

If you followed the guidelines of the Seller Protection Policy, though, your funds are not subject to a temporary hold.

What is the difference between a dispute, a claim and a chargeback?

A buyer who wishes to reverse a payment can file a claim with PayPal or, if they used a credit or debit card, a chargeback with their card issuer.

A buyer files a claim when they contact PayPal directly to reverse a charge. Before filing a claim, though, most buyers must open a dispute and are encouraged to communicate directly with you to resolve any issues. If you are unable to work out an agreement, you or the buyer can escalate a dispute to a claim with PayPal.

A buyer files a chargeback when they contact their card issuer to reverse a charge. The card issuer contacts PayPal and asks for specific information about the transaction. PayPal requests this information from you so that we can respond to the card issuer. Using the information you provide, the card issuer decides whether the buyer's chargeback is valid. If a buyer files a chargeback, any open PayPal claims will be automatically closed.


Copyright 1999-2008 PayPal. All rights reserved.

Mark,

My mom always told me: "The truth will stand when all else falls".

Well the claims process from Paypal is nearly due so I thought I might let you know what you might expect from that point.

Recall I told you in one of our initial emails that I would not be party to a fraudulent claim against Fedex (for $100.00 - that is all a claim is worth on its best day and likely $0.00 since the box is undamaged). I know I shipped a perfectly good router and while an electronic part might fail (thus my non-DOA 100% refund policy) - I never expected it to get mangled in while in a packed box. :)


Well you persisted to drag me in the mud as if I were the fraudulent party... right?

I could have cared less at first about your frail antics. Really I would have gladly refunded you per my many offers to that effect. Just because...


So... I've been playing defense so far.


You my friend are a parasite and I think it interesting that you have exposed yourself in this manner.

Claim Resolution Tips
-------

How long will it take PayPal to make a decision on my claim?

We will make every effort to resolve this claim within 30 days. During that time, we will be reviewing the details of the case and gathering information from you and the buyer. Our goal is to decide each case as quickly and fairly as possible.

What is the status of this claim?

The status of your claim can be found near the top of the Claim Details page.

When the status of your claim changes, you'll be notified by email.

For an overview of the steps involved in resolving a PayPal claim, click the Status message. Also, the History Log records all of the activity in your case.

How can I submit information to contest a claim and what kind of information would be most useful?

Your Claim Specialist will ask you for the information that they believe will be most useful in deciding a claim.

Most information can be submitted online through the Resolution Center but you may be asked to submit additional materials by fax.

To ensure that the information you submit is added to your case file, be sure to use the fax cover sheet we provide and include your case number. Your case number can be found in the subject line of any email you receive from PayPal about the case and above the blue box on the Claim Details page.

What is the Seller Protection Policy and how can I qualify for coverage?

The Seller Protection Policy is a set of "best practices" we encourage all sellers to follow. By following these guidelines, you help ensure that PayPal will have the evidence it needs to successfully protect you against fraudulent claims of non-receipt or unauthorized activity.

When you follow the Seller Protection Policy guidelines, you have access to your funds while the claim is being decided and any chargeback fees imposed by card issuers are waived.

Review the User Agreement.

What can I do if I believe a buyer's claim is fraudulent?

We want to know if you believe that a buyer's claim is fraudulent. PayPal takes action against buyers who file fraudulent claims and we welcome any information you might be able to provide. Once a case is closed, you will be able to report a fraudulent claim through the "Report Fraud" link on the Claim Details page.

The best way to avoid liability due to fraudulent claims is to follow the Seller Protection Policy guidelines. These "best practices" help ensure that PayPal has the information it needs to successfully prove a fraudulent claim.

How long do I have to respond to a claim?

To ensure that claims are resolved in a timely manner, both sellers and buyers are required to respond to requests for information within specific timelines. The deadline is shown at the top of the Claim Details page.

Keep this deadline in mind. Failure to supply information within the deadline may result in a claim automatically being decided in the buyer's favor.

What is a temporary hold?

Until a claim is decided, the funds associated with a transaction may be temporarily held. This helps ensure that the funds are available in your account if the claim is decided in the buyer's favor.

If you followed the guidelines of the Seller Protection Policy, though, your funds are not subject to a temporary hold.

What is the difference between a dispute, a claim and a chargeback?

A buyer who wishes to reverse a payment can file a claim with PayPal or, if they used a credit or debit card, a chargeback with their card issuer.

A buyer files a claim when they contact PayPal directly to reverse a charge. Before filing a claim, though, most buyers must open a dispute and are encouraged to communicate directly with you to resolve any issues. If you are unable to work out an agreement, you or the buyer can escalate a dispute to a claim with PayPal.

A buyer files a chargeback when they contact their card issuer to reverse a charge. The card issuer contacts PayPal and asks for specific information about the transaction. PayPal requests this information from you so that we can respond to the card issuer. Using the information you provide, the card issuer decides whether the buyer's chargeback is valid. If a buyer files a chargeback, any open PayPal claims will be automatically closed.


Copyright 1999-2008 PayPal. All rights reserved.

So...

Am I as sumb as a "Box of Rocks" or am I a "Master of Deceit"....

Hmmm...

Mark has made me quite a guy here...

I've gotten promoted to a CEO of a Fortune 500 company. Yet, I have the time and energy to defraud a "simple student" of his hard-earned $115.00.

I did not recall offering Mark Malewski a $60.00 refund.

It cost me less that $15.00 or so to ship via Fedex.

It seems it will cost him about $40.00 (so he claims) to return the item. How muc does he want to insure it for? It only weighs about 12-13 pounds. Typically Fedex charges about $1.00 per pound or so I usually estimate.

He claims I've been to the CCIE Lab 4 times, as any faithful reader of any of my blogs on any forum I frequent worldwide would readliy know, I've been 4 times now to the CCIE R&S Lab.

But we lose site of the issue:

An item was shipped from point A to point B.

I (Darby) claim the item left intact and without damage / only normal wear and tear from point A.

I (Darby) only sold the item with a non-DOA money-back guarantee. That's all I can do is refund the money $100.00 (Paypal will refund $115.00 if they rule in Mark Malewski's favor). He seems to think that since I had 5 3620's at the time I offered them all on ebay that I keep them in stock or something.

This is not the case. I only wish I could get this fact through to the guy. But if you've read this page and his claims (the ones repeated over and over again - I guess he's a fan of "Groundhog Day"), then you might notice the recurring theme.

I think it irrehensible and irresponsible for this guy to involve my employer in this personal issue.

But then Mark has show a zeal for professionalism.

A friend of mine just read some of Mark's latest comments and trying hard not to laugh told me that it seemed as if I had locked horns with someone of my own undying tenacity when engaged in such an issue.


I did not that the item was left at Mark Malewski's door and not received by him in person. But I still cannot imagine anyone damaging something so badly.

In fact, I even contend that the router shown in the picture is not in fact the router that I shipped to Mark Malewski. Nope. The pictures are taken and while one can see a serial number on picture, it is too blurry to make it out. Sad.

Now when I get that router back, if I get that router back, I sincerely that the router is damaged exactly like the one shown in the pictures. I really really do.

Else, I'm going to have a bone to pick and I'm going to be quite the vulture.

Every dog has his day.

When Paypal concludes their investigation, I get my opportunity to pursue fraud charges and that day is coming close now.

Upon reading the redundant replies from Mark - bascially 3 iterations of the same dizzying non-sense, I noted he says that he has been with the use of this router for anytime between a month and months.

Interesting, but it again shows us how far Mark Malewski (the Master of Deceit) will go to fabricate an untruth.

You see he contacted me on April 24th. I promptly replied. We began a series of email dialogs where I simply asked him to return the item for a refund.

He has tried to convey that I offered a "replacement policy" of some kind. I did not offer this. I offered a non-DOA guarantee (which quite literally means the item will power and be functional - in fact I even ran some commands from the router). He has issues.

---------------

The more I think about it the more I think that he just found the item he took picture of in the garbage somewhere and is playing it off as the outer I sent him.

In one of his emails to me, he said that he had "no way to test the NM-4E". That might be true, but he also bought at least one 3640 and 3660 each from ebay per the feedback...

Oooopppp!!!! He lied again.


Mark Malewski sounds like a bad remake of a Britney Spears song:

Ooooopppps.... I lied again.... I can't get it right... I can't tell the truth.


He kills me.


But I saved the emails and I guess I post them here - the three initial ones - including the one where he claims to have received my router (I sent via Fedex) via UPS and then subsequently realizes the error of his words - probably an innocent mistake. Maybe not?

I posted them already for public consumption. I suppose it is a small matter to repost them here for posterity.


I'm going to be able to write a small book when this is done. One of my friends asked for a copy of this so he would know what to do in the event he ever felt screwed over on ebay or elsewhere.

Mark Malewski
13111 Red Drive
Lemont, IL 60439
United States

1 (630) 670-5885


Address and phone number included for reference. So we do not mistake this fraud artist.

He knows the tricks of the trade.

He posted this complaint literally within hours of his first notifying me (we exchanged several if not a dozen or more emails immediately within the time this complaint was filed here and the the one filed to the Better Business Bureau).

The BBB is professional.

This site is more like a "vigilante" or "mob rule". But it is what it is.

So I guess it works both ways.


Here's the story one more time:

I had 5 routers from my home lab of the model included for sale (and God bless me, I mentioned it in my add - this was the start of my troubles - since this fool thinks I can just send him more of these items till the cows come home).

Anyway, I had already offered them to a close friend of mine and he was delaying paying (he had lost his job as the Information Security Office if a well-known household named company in Orlando where I live). So I figured he did not have the cash or the ability to buy these routers from me.

Like Mark Malewski (the buyer), my friend realized the value of routers that have an NM-4E and other modules as some of these devices each included various modules.

It was a good deal and my friend knew these routers, as I had set them up initially back in October/November when my friend allowed my own brother to board with him.

This is a little meaningless back history - but my point is the routers were in good enough shape to lend to my brother for his usage and to offer to my friend for sale (the same friend who was good enough to my family to rent a room to my own brother).

------

So I put the routers on ebay. I also sold a rack of 3640's (a higher end router) and a rack of 2811's individually like I sold the 3620's.

I even have more gear in my house and finally got a digitial camera to take pictures of my stuff (since I encountered the complaintant Mark Malewski).

I did not need a digital camera for I met this guy. He's trult cost me a bit, but its a cheap cost. At worst I'm out a 3620 Router that sold for $115.00.

But remember, the claim is still processing on Paypal as we speak and as of a few minutes ago is not yet resolved.

Paypal can do one of two things:

1. Refund Mark Malewski (who did not return the item - I think he even admits it in one of his replies here).

2. Return the money to my account.


Thankfully, either way the matter will be closed and settled. Paypal gave Mark Malewski the opportunity and ample time to return the item and provide proof of shipping, upon which I would have replied that I had received the item and he would have received a refund.

Everyone should have been happy. A troubled event - makes me more wary and distrustful of people in general but a closed event nonetheless.

================================


Just to give a bit about me and my "fame" Mark Malewski keeps mocking.

My name is Darby Weaver and I am a CCIE Candidate (a few times too many for my own liking at this time). I have spent the last 6-8 years helping othe people pass the various Cisco Certifications including the CCIE (at least 120+ current CCIE have written to me to thank me for my part in their own success - some on Groupstudy.com where the CCIE's of the world and those studying meet).

If you use google to find me (I've been told and shown) that my name is a "suggestion" and you will no doubt find hundreds if not thousands of hits with my name and references to my many postings in this are.

Why not?

I've offered Free Study Racks of Cisco Gear to CCNA/CCNPs and some of those thankful CCIE's have even used my own gear (like the 3620 Router that got mangled by Mark Malewski after shipment to him), etc.

Anyway - I guess now I have a few more things that I can say people have called me - I did not think a fraud and a crook would be among them.


Some people on one of the forums in another country where I have posted everything about this case even had to ask me if I knew Mark Malewski from somewhere esle for him to be so mean and spiteful.

Truly, I do not.

But I did promise to make Mr. Malewski a well known name and I can only hope that a future potential employer of his might see this and recognize the character that has been displayed for what it is.

IT is a small world. A very very small world. Cisco Professionals from one corner of the globe to the other know each other and we huddle together.

We live and die on our reputation and character.

Mark Malewski, who professes to wish to join our ranks, does not seem to understand this.

The people who know me are in that group. And since he has tried to smear my name and reputation in the dirt in the fashion he has, I can only pray for Karma.

What goes around comes around.


I guess he may never run into one of those people I've helped along the way and that he's not dependent on therm for employment or something.

Like I said it is a small world. A very very small world.

Cisco might have 500,000 Cisco Academy students. But there have been only arounf 20,000 CCIE's in the world and you can believe that over half of them know who I am by name and the others know me by association somehow.

What I tried to convey to Mark Malewski and appaently missed the mark by a country mile, was that I am very well known in the Cisco Professional communities, this means those in the U.S., those in Europe, those in the Middle East and the many in Asia, South America, and Africa.

I've spent a lot of my awake hours helping others day in and day out.

It never would benefit to try and cheat someone. Especially with a Cisco Router.


I offered Mark Malewski $115.00 refund. He refused since he wanted "to make it right" by sending him yet another Cisco Router (the first one did not make it intact in the first place). Why would I ever send a second one?

Besides he claimed piracy (the IOS was on the PCMCIA Flash Card - I guess we need a forensics expert from CSI to prove that one true or false), he claimed damages (Damages were done according the pictures I received - he never took a picture of the serial number of the router - EVER), he claimed that the item was a knock-off (does he think I manfacture knock-offs in my home).

This guy has been pulling at straws since the beginning of this mess.



He claimed he wanted only a Fedex Claim to be filed.

The problem, as Fedex should have told him, was that Fedex insures the insurer (not the recipient), I am the insurer.

So I started a report by Fedex and they told me they would pick up the damaged item and return it to me, if they thought it could be repaired for say $10.00 - $20.00 then they might seek repair if it were found to be damaged during transit.

Mark has clearly stated that the packing materials - the box was undamaged upon his receipt of the item.

Hmmm...

Let's say that again in case someone missed it. Let's get Fedex to "PAY-OFF" for a claim in which the box (shipping materials) shows no apparent damage for an item made of "HARD METAL) that has suffered enough damage to bend it (as if by a screwdriver were used as a wedge and an awesomely hard hit to the side of the unit - as if it fell out a window or something). I live in a one-story house for the record.

In my mind - FRAUD - which is what I clearly told Mark Malewski.

I have a 100% refund option for a buyer if I sell something and I offered it to Mark Malewski.

I suppose he's still in denial.


I'm not sure if we should get Judge Judy or Dr. Phil to help this guy.


Judge Judy: "Mark, why didn't you just take the refund!".

Hmmm...


This matter is so common-sense simple it is retarded. And I hate the use of the phrase.


I mean - since I did not take a picture of the physical condition of this specific router prior to shipment, I have a hard time proving the condition to a 3rd party.

In which case, I have to offer the refund for my lack of planning in this event.


I offer the refund.

The buyer has only one of two options:

1. Return the item for a full refund.

2. Keep the item and be satisfied.


For the record the the NM-4E is an item that commonly sells on ebay for prices between $50.00 - $120.00

And the 3620 Router sells for between $10.00 - $80.00.

The 16MB PCMCIA Flash Memory Card might sell for $5.00 - 20.00.


The pictures depict that the 3620 is damaged externally (the internals would be intact - the motherboard, the power supply, and the 64MB DRAM).

One might ask why not just buy the items on ebay and send them to Mark Malewski.


To this I reply:

"Fool me once, shame on you, Fool me twice, shame on me".

The first shipment was destroyed and plausible deniability was claimed by Mark Malewski.

Why on earth would I ship another set of gear to Mark Malewski?


Besides, all he has to do is ti return the item and get a full a refund.

And then this matter is closed.

In a few days time, this matter will be over one way or the other anyway. Paypal will either refund him and the matter will be closed or they will not and the matter will be closed.

Not sure what to say to the guy.

1. I do not own the company I work for. Actually I work for it.

2. I'm an individual and that is it. Not a business. Not in the business of buying or selling. I'm a Network Engineer and that's it.

3. I sold some routers from my home lab - a set of 28xx's, 3640's, and 3620's. This guy think I fabricate "Cisco Equipment". Hmmm... Interesting.

4. He claimed my gear was damaged prior to shipment - never does he mention the serial number of the damaged router in question - see every Cisco piece of gear comes with one on the motherboard and on the back of the device. Are they the same serial number? Why / Why not?

5. He claims Paypal charges $40.00 to mediate. Anyone ever dealt with Paypal? They charge $0.00 to mediate and in fact hold the cash.

So...

Mark - I'm going to take the advice from some of the people who are reading this entire story line on one of the forums I frequent and let you know that if you want a refund to do the following:

1. Ship the item back to me as-is (recall you sent me pictures of the damaged goods).

2. You get a refund.

Otherwise it is assumed you are happy with the goods received.


You've called me a liar. Yet it is you who repeatedly and knowingly lie.

You say I've tried to defraud you. Yet it is you who have tried and continue to try to defraud me.

You say I shipped you a damaged router. This I did not do and you know this to be true.

You have threatened me and mocked me and have sought to destroy my character by this repeated public abuse.

Sites like this are bad whenever unclaimed statements can be made and the victims like me have no recourse.

You claimed that Paypal charges $40.00 to mediate. This is a lie.

I think you are confused with SquareTrade from Ebay - You contacted them, not I.

You should read my feedback (about 2000 transactions on ebay - mostly as a buyer). I have had 5 negatives in 8 years.

One might say that it is 5 too many. 2-3 were my fault - I was sick or hospitalized and not able to communicate properly and was given bad feedback.

I've had two cases as I recall of negative feedback. And you my friend are the "Ebay Buyer from H*E*L*L"


You've even involved my employer (the company you claim I own) - Another lie of yours.


Honest people will see who is the "VICTIM" here.


You see I've offered you a 100% refund of the item you claimed arrived "pre-damaged".

You simply will not return the item for a 100% refund.

You have to know in a few days Paypal will conclude their investigations.

They will either refund you 100% or they will drop the case based on their findings and permanently end the matter as I understand it.

All you had to do was return the item. That's it.

Nothing magical.

None of these strong-arm techniques you've tried to employ to make me send you another item.


You even accused me of software piracy. How would you even know? The router I shipped only had a PCMCIA Flash Module - no internal Flash memory. Not a bit.

So... you could never even have known what IOS was or was not on the router.

I shipped the router with the IOS I used on it. That mush is true. However, you, Mark Malewski, could not very what version I sent you - IF what you claim has any truth.

And so far, nothing you have said about this matter is at all truthful.

You my friend are a liar, a cheat, and an attempted thief. And each of these are true. You have lied repeatedly to me, the public, and to this site/the BBB, and Paypal. You have tried to cheat at the very least me and Paypal. And by doing these things it makes you an attempted thief - at the very least.


That is where this stands.


And by the way - I am still just a guy selling some of the gear in one of my bedrooms and if the item was damaged as bad as the pictures you took in my house and damaged the "wood" floors... my wife would have killed me and I would not have to read your vile words.

Yes, I can still laugh about this. It's so ridiculous it is quite comical.

Like I said I'd pay the $115.00 gladly for the rights to this story.

Darby Weaver is a "spinster" a crook, and is nothing but "smoke and mirrors". He has filed 6 responses to a single post.

Darby Weaver (SunGard Higher Education) claims: "Not in my interest to try and cheat anyone. "

Of course it's not, especially when the truth be told, and Darby Weaver (SunGard Higher Education) is responsible for shipping a Cisco router with counterfiet/pirated Cisco IOS software, and a damaged item (that looks as if it has fallen down a flight of stairs).

I have witnesses that watched me open the box, and I have pictures of all the items and contents inside the box. I have witnesses to testify, and I have sent Darby Weaver (SunGard Higher Education) pictures of the damaged items, yet Darby Weaver denies any responsibility.

The damage appears to be prior to shipment, and seems to be fraud. The outside of the box is not damaged, and it appears that Darby Weaver tried to "make a few quick bucks" by selling a damaged router (with a pirated Cisco IOS software), in hopes to make a little extra profit.

Darby Weaver claims: "I offer a 100% refund - non-DOA is what I have listed on the auction, but really it is no-questions asked."

Again, nothing but smoke and mirrors. Darby Weaver (SunGard Higher Education) is not a reputable dealer, and their "blow smoke up your butt" guarantees are nothing but that. A person must be reputable, a man of his word, and be trustworthy in order to offer a guarantee.

Even used car salesman can offer you the world, but as soon as you drive the car off the lot, it's a whole different story. Darby Weaver makes a lot of empty promises, and blows a lot of smoke, and even tries to toot his own horn about how great his "guarantees" are. When truth be told, he offers no support, terrible customer service, and he just does "smash and grab" service. He takes your money and runs.

Darby Weaver claims: "I know full well that a consumer can ask for a 100% refund from Paypal and receive it with little or no difficulty."

This only holds true if the seller is reputable. I have filed a claim with PayPal Security, but Darby Weaver has no money in his PayPal account. He immediately withdrew the money, and PayPal is unable to hold, or freeze any funds, because there is no money in his account. Seems pretty suspect, and fraudulent to me. There is nothing PayPal can do at this point, and they are unable to recover any funds from Darby Weaver at this point. I have already tried to file a claim with them. If he has no money in his account, and he is not reputable, there is nothing they can do to hold/freeze or recover the money from him.


Darby Weaver claims: "I also know that a person can decline the charges on their credit card for mostly any reason as well."

Darby Weaver seems to know a lot about these things, but doesn't seem to care or offer any type of customer service himself. Darby could just as easily offer to drop ship a replacement, or "make things right" but instead he only talks about filing a "Fraud claim" with PayPal or with VISA.

This is not good customer service, and Darby Weaver is just a spinster and a crook.

Darby Weaver knows that even PayPal Security states: "This claim has been reviewed and it has been determined that a full refund of the PayPal transaction (including shipping and handling) should be awarded to the buyer"

Yet Darby Weaver is a crook, he withdrew all the money from his company PayPal account, and PayPal can't recover any funds, or freeze/hold any money in the account, because Darby Weaver already withdrew the money/funds prior to shipping the item.

This is indicative of a crook, someone that screws people over, and refuses to take responsibility for his criminal actions.

As of yet, Darby Weaver has not made any real attempts at offering to drop ship me a replacement/exchange, giving me a refund, or paying for damages/repairs. The only thing Darby Weaver does is blow a lot of smoke, make a lot of noise, and in the end no results.

Darby Weaver has been caught in a "web of lies" and deceit. His only "way out" (as he sees it) is to try and get me to ship the item back to him, so that he can destroy the evidence, and then I will have no legal recourse against him. I'm not a fool, and I have plenty of witnesses that are willing to testify to the condition of the merchandise, the condition and contents of the box, and even attest to the goods inside the box.

Darby Weaver claims: "He paid for the router via Paypal (may or may not have used a credit card)."

This is true that I did pay with PayPal, but PayPal is unable to return/recover the funds from a crook (only a reputable seller). A crook will immediately withdraw the funds from their PayPal account (leaving a zero balance), and leaving PayPal Security unable to hold or freeze any funds (for recovery). At this point PayPal can't recover any money, and I'm left empty-handed by Darby Weaver. I was told to contact the seller directly for funds, or take the seller to small claims court, as it seems to be the only way to recover the funds. It's very difficult to deal with a crook/thief.

Darby Weaver claims: "He reported the item was damaged."

This is correct. As soon as I opened the box, I realized that I had been screwed over, and the router inside was not as described. I have witnesses (as well as pictures) that watched me open the box, as well as witnessed the contents (as well as pictures of the condition the items were in). I contacted the seller/shipper Darby Weaver (SunGard Higher Education) and he immediately denied any responsibility, and fails to take responsibility (as being responsible for delivering the goods in the manner & condition in which they were sold & described). The goods delivered are not as described.

Darby Weaver claims: "Then he reported that he wanted to keep a part of it."

This is incorrect. I said that the NM-4E appears to be in good condition, and as long as it works (and is functioning) then I would be willing to accept that item (as long as it is tested, and is in working condition), but the Cisco Router itself is damaged, and needs to be repaired. Darby Weaver refuses and denies responsibility, and refuses to file a claim, or exchange/drop ship a replacement. He claims to have "4 more" similar/like items, but refuses to ship a replacement item. Instead, he took my money, and shipped a damaged item in an attempt to steal my money and defraud me. A reputable seller/dealer would offer to "make things right" and drop ship a replacement item (as this is standard practice), and ship a prepaid return shipping label for the damaged merchandise, and upon receipt of the replacement drop shipped item, I would gladly put the old router into the box, affix the return shipping label, and send it back to Darby Weaver. But I would need a new one/replacement FIRST, and I'm not willing to get screwed over any worse than I already am, and be foolish enough to ship the evidence back to Darby Weaver so that I have nothing to show a judge, nor would I have any legal recourse against him (in small claims court) without having any evidence or proof (because Darby Weaver has been asking that I just ship the evidence to him, so that he can destroy it, sweep this all under the rug, and destroy any proof/evidence against him).

At this point, I have the original router, as well as all the original packing materials and the original box. I have witnesses that watched me open the box and witnessed & inspected the contents. I have taken pictures of everything, and I am willing to turn it over to the police for civil/criminal prosecution. Misleading a customer, taking a customer's money and selling counterfeit Cisco Hardware, with Counterfeit/Pirated Cisco IOS software is illegal (fraud) and shipping the counterfit/pirated products across state lines (interstate commerce) makes it a Federal crime.

Darby Weaver claims: "Then he later reported he thinks it is counterfeit."

This is correct. I'm not sure how Darby Weaver (SunGard Higher Education) obtained the Cisco router, or whether the router itself may be stolen, but I do have a receipt (and proof of payment) that I did pay for it, and it seems that the router may or may not be genuine Cisco, it seems to be counterfeit, and the Cisco IOS Software seems to be unlicensed/pirated software that Darby Weaver (SunGard Higher Education) has sold.

Darby Weaver claims to have "5 of these" identical routers, which means if he shipped one to me, that he should still have "4 others". When I asked about shipping a replacement, he "backpeddled" and was unable to offer an explanation as to why the router was damaged prior to shipping, or as to why he could not ship one of the "4 other replacements" that he has for sale.

Any reputable seller/dealer would immediately drop ship a replacement, and file a claim with the shipper, and include a return shipping label inside the replacement, so that after the customer receives the replacement item, he can put the damaged item into the box, affix the prepaid-return shipping label, and return the item back to the shipper.

Darby Weaver (SunGard Higher Education) is out of the ordinary, and it seems odd that a "Fortune 500" company would not stand behind their products, or offer customer service for the products they sell. I don't know whether they are a Cisco Certified Partner, or Cisco Authorized Partner, but I can't imagine that being the case because no Cisco Authorized Partner (or reputable company) would ship a Cisco Router (without any Cisco Genuine seals, stickers, or with a pirated Cisco IOS software installed on it).

Darby Weaver claims: "All items setup and installed by a CCNP (CCIE Candidate)."

I'm guessing that Darby Weaver (SunGard Higher Education) is the "CCNP" that setup and installed the pirated Cisco IOS software, and shipped the damaged router. It seems like a shady business practice, and no reputable company would do such a thing.

It makes it very difficult to trust any person (or company) that would do such a thing. Engaging in the art of malicious deceit, fraud, and conning people into purchasing fake, non-Genuine, counterfeit/pirated hardware & software seems to be very misleading to the consumer who is purchasing these items in "good faith" based on the Cisco MPN, Cisco IOS software, and product description.

Darby Weaver claims: "Then he wants to keep the item."

I just want a genuine Cisco product, real Cisco hardware, and not an unlicensed or pirated Cisco IOS (installed on counterfeit/pirated hardware). I'm unsure of the authenticity of the hardware, and I would just like a Cisco Authorized Repair Center to look over the hardware, determine whether it is genuine or counterfeit, and estimate the cost of damage/repair costs to restore the item to the condition as it was described during the sale.

I just want Darby Weaver to take responsibility, pay for the cost of the repairs (or drop ship a working replacement), and I don't want any money from Darby Weaver, nor do I want a partial refund of $60, nor do I want to have to pay for $40 in shipping out of my own pocket, I just want what I was promised, sold and what I paid for... nothing more, nothing less.

If the NM-4E is in working condition (I have no way of testing this item), but if the NM-4E is found to be genuine and is tested and in working condition (by an Authorized Cisco Repair Center) then I would like to keep the NM-4E and I will accept the NM-4E (once it has been tested and has been found to be in good working condition & genuine). The Cisco router itself is damaged, and is in need of repair (or replacement). I can get an estimate for repair from a Cisco Authorized Repair center to estimate the cost of the damage (and to verify the authenticity of the Cisco hardware, components, and Cisco IOS licensed Software installed). If the Cisco hardware/software are found to be unlicensed, pirated, or counterfeit, then I would ask that Darby Weaver exchange/replace the hardware with items that are NOT counterfeit (or fake/pirated/stolen/counterfeit).

It seems hard to believe that a reputable company - Darby Weaver (SunGard Higher Education) would engage in such activities or such practices. Darby Weaver (SunGard Higher Education) insists that he "guarantees the item" to be genuine, and as described, but it's not.

I have witnesses, pictures, and when I confronted Darby Weaver (SunGard Higher Education) with the evidence, he gets defensive, gets angry, and just mouths off making absurd silly talk (and legal threats) hoping to scare and stiffle me.

Darby Weaver claims: "He contends that the seller should ship another item to him (the first one did not make it so great - why on earth would he want me to ship another fake/counterfeit item.."

Well I was trying to give Darby Weaver (SunGard Higher Education) the "benefit of the doubt, and the ability to "make things right" by correcting this, and "making things right". Darby Weaver (SunGard Higher Education) refuse to make things right, or stand behind their products, and/or acknowledge that I was sold a damaged item (which may have a non-genuine unlicensed/pirated Cisco IOS software, and possibly even counterfeit/non-genuine Cisco hardware). I am unhappy with the condition in which I received the goods, and when I contacted the seller/company concerning this, they refuse to "make things right" or ship a real genuine Cisco product (in the condition as described). It seems very misleading, and indicative of fraud.

When you take someone's money and mislead someone (or blatent lies) by selling counterfeit hardware/pirated software it's called fraud. I have given the seller/company the opportunity to correct this, and "make things right" by drop shipping a replacement Genuine Cisco product (as described), or offer to pay for the repair costs (at a Cisco Authorized Repair Center) so that the item can be repaired (and guaranteed to be authentic) by a Cisco Authorized Repair Center (so that way there are no questions as to it's authenticity, or any possibility of unlicensed or pirated Cisco IOS software or non-genuine or counterfeit Cisco hardware).

Any reputable seller/company would agree that they would not attempt to sell non-genuine hardware, or counterfeit/pirated Cisco software. I have given Darby Weaver (SunGard Higher Education) the opportunity to repair or replace/exchange the hardware (and Cisco IOS software & components) with Genuine (and licensed) Cisco products.

I just want what was sold to me, nothing more, nothing less. If it is in fact non-Genuine, or pirated, then I just want Darby Weaver (SunGard Higher Education) to make things right, correct it, and drop ship me a replacement (in good working condition). That's all I ask, and at no expense to me. I should not be responsible for any additional shipping charges, nor should I be expected to ship this router anywhere (other than an Authorized Cisco Repair Center) or be left without a replacement item. As long as Darby Weaver (SunGard Higher Education) ships out a replacement item (in good working condition, as described), and agrees to pay for all related shipping & replacement costs, then I would be more than happy to box up the old item, and affix a prepaid shipping label and return it to them (once I receive a working/authentic replacement).

Darby Weaver claims: "The fact is that I guarantee the item. If it is not as it should be, I refund the person 100% no questions asked."

More smoke and mirrors. This is a blatent lie, and Darby Weaver is not a reputable person, nor are his "guarantees" worth much of anything. Nothing but smoke and mirrors. Darby Weaver (SunGard Higher Education) does not stand behind their products, nor do they offer any type of "good customer service".

I would warn any and all buyers to BEWARE! Avoid this seller and take your money elsewhere! All companies receive complaints from time to time, but these are bad business practices, and how a company responds to complaints is what separates a GOOD business from a BAD business.

When a seller/company tries to defraud a customer, and then refuses to take responsiblity, or pay for damages/repairs, (or drop ship a replacement) or even acknowledge the fact that they took/stole my money not to mention over a month of "loss of use" of the product, that's very BAD business.

Again, I would warn any potential customers to avoid Darby Weaver (SunGard Higher Education) and their bad business practices. Darby Weaver (SunGard Higher Education) is not a reputable company, nor do they stand behind their products or what they sell or ship to customers.

Darby Weaver claims: "He contends that the seller should ship another item to him (the first one did not make it so great - why on earth would he want me to ship another fake/counterfeit item... "

That is correct, the first one did not come in an acceptable condition, nor was it as described, but I would like the seller/company to "correct" their mistakes, and stand behind their products, and drop ship a replacement product (that is in working condition, and is just as described). I think that it's only fair to contact a business/company and give them the opportunity to correct things, and "make things right" before filing a complaint.

Darby Weaver (SunGard Higher Education) refuses to "make things right" and refuses to do much of anything (other than deny any claims, and deny a refund, or refuse to make payment for repairs, shipping, or even replacement). Darby Weaver (SunGard Higher Education) plain and simple REFUSES to make things right.

I have given Darby Weaver (SunGard Higher Education) ample opportunity, and ample time (over a month) to make things right, and from the time they accepted payment. It's been over a month, and Darby Weaver (SunGard Higher Education) continues to deny responsibility, and refuse to take responsibility for their actions. It's not good business to defraud a customer, take payment, and then ship shoddy/broken/counterfeit/pirated merchandise, and then attempt to "stiffle" the customer into "keeping quiet" with threats of legal actions.

I have the witnesses, I have the merchandise, I have the original box, and the original packing materials, and I have everything that I need to move forward with a criminal/civil complaint (and take legal action). It's unlawful to deceive, and defraud a customer, make false claims, or mislead or defraud a customer over the internet. It's bad business practices, and customers expect to be treated with respect, dignity, and fairness. Customers expect good customer service. Darby Weaver is a crook, a thief, and a spinster. I'd warn any future or potential customers to steer clear of this person, and spend a few extra bucks and purchase from a reputable company that stands behind their products, and offers good customer service. Darby Weaver (SunGard Higher Education) do not stand behind their products, and their customer service is lacking.

Darby Weaver claims: "Very stubborn and quite relentless."

I don't like being defrauded (no one does). If you steal someone's money, screw a customer over, and then refuse to "make things right" or accept responsibility, then of course you will have an angry customer on your hands. The difference between a GOOD BUSINESS and a BAD BUSINESS is how the company handles complaints. Darby Weaver (SunGard Higher Education) is terrible at handling a complaint, and responds in a very offensive manner (making personal attacks, name calling, and refusing to take any responsibility or "make things right").

That is BAD BUSINESS. That is what distinguishes a GOOD COMPANY from a BAD COMPANY. That doesn't seem indicative of a "Fortune 500" company, but I have given Darby Weaver the opportunity to "redeem himself" and to "make things right" but Darby Weaver refuses, and his dim witted attempts to use snide remarks such as "it takes all kind of nuts to make a pie. This guy is quite the pie." Sounds like a personal attack, and sounds like "name calling" and not quite the "customer service" experience that you would expect from a Fortune 500 company.

Darby Weaver claims: "In addition he wants the pieces of the first item that he would like to keep to be further warranteed for lsome months or so..."

That is correct, and I explained that I would be willing to accept the NM-4E component as long as it is tested (and found to be in working condition) and as long as Darby Weaver is willing to guarantee the item (for 90 days) to be free from defect or failure. I don't know how badly the components were damaged, and it would be unfair for me to test something, and hope that it works, only to find that it was damaged and fails prematurely (after a few days, or even a week or two). I don't know the extent of the damage, and I just asked Darby Weaver to stand behind the components that may appear to work (and just ask that he gives a 90 day warranty to protect against premature failure due to unforseen damage).

Darby Weaver laughed at such a comment, and refuses to even stand behind is products. He refuses to offer any type of warranty, or even any type of guarantee. He boasts about how "wonderful his guarantees" are, but when it comes down to it, it's nothing but smoke and mirrors. Whether it's in writing, or not, it's all smoke and mirrors when it comes down to dealing with Darby Weaver. He will lie, cheat, defraud, and steal... anything for a dollar, and after he screws you over, he'll threaten you with lies, lawsuits, and even threaten to harass you (on his personal blog), in hopes that you will "keep quiet" and not be forthcoming with the truth. This is indicative of a true crook.

Darby Weaver is a "spinster" and not a real gentleman, or man of his word. Nothing he says is of any worth or value, and he narcisstic attitude (and beliefs that he is "legendary", "world renown", and "famous") are just examples of his narcisstic personality, and how "out of touch" with reality that he really is. I can't imagine anyone like this running (or owning) a "Fortune 500" company.

Darby Weaver claims: "What else can anyone do for this guy?"

Well for starters, you could stop with the personal attacks, the name calling, and address the real issue at hand... which is the damaged/counterfeit goods that you sold me.

Start by addressing the issue (not the person). Start by offering to "make things right" by offering a replacement (with a Genuine Cisco product), stand behind your product (and offer a real, or even third-party warranty).

Cisco warranties their products from defect, as do most manufacturers, resellers, and reputable dealers, and companies. Any reputable company offers a warranty, and stands behind their products. Unreliable, shady, and crooked sellers immediately attack the customer, refuse a claim, and refuse to ship a replacement, refuse to repair, or refuse to take responsibility for the damage/counterfeit/pirated products they sold. That is indicative of fraud, and an unreliable, and unreputable seller/dealer.

I've had many good experiences, but this certainly isn't one of them. This is a business to watch out for, and stay away from! Darby Weaver is a crook, and a spinster, and he knows how to take a person's money, and screw them over!

Buyer beware, and just spend a few extra bucks and go with a different company that stands behind their products! This company/dealer does not stand behind their products, and I would not recommend this company/dealer to anyone. Runaway, and don't think twice about dealing with this company/dealer. Darby Weaver is a crook, and he is not trustworthy, nor is he a man of his word.

It's better to just walk away, and avoid this person in it's entirety, then to get tangled up in his web of deceit and lies. In the end, you as a consumer will lose. This seller/dealer will not make things right, nor will they take responsibility for their actions.

It will take a civil judgement, and legal action (criminal/civil) to make Darby Weaver (SunGard Higher Education) take responsibility for their actions.

It's futile and pointless to deal with Darby Weaver (SunGard Higher Education), because there is no "customer care" and only reputable businesses would offer good quality customer service, and good quality customer care. Darby Weaver (SunGard Higher Education) is not one of those sellers/companies/businesses/dealers that offers good quality customer care, or good quality customer service.

When confronted with a complaint, or a problem, Darby Weaver (SunGard Higher Education) tries to just brush it under the rug, deny responsibility, make personal attacks, and then tell the customer to screw off, leaving them empty-handed, and left with nothing but a pile of garbage on their floor.

Darby Weaver claims "he claims they are damaged and pictures show them to be abolsutely worthless"

That is correct, the items are not as described. They are damaged, I have witnesses that can testify to that fact, and witnesses that watched me open the box, and witnessed the condition of the contents of the box. I have taken pictures, and when I confronted Darby Weaver (SunGard Higher Education) with the facts, he simply denied any responsibility, and refused to even file a claim with the carrier (FedEx), claiming that it wasn't his problem, and refusing to even offer any help or support in filing a claim.

This is bad business, and this is indicative of a "spinster", someone that conducts fraud, and is not honest or truthful in their business practices. Any reputable company would immediately make attempts at "making things right" by immediately shipping out a replacement.

I had one vendor ship a Cisco router, and in the description it included a power cord, console cable, and rack mounts. When I opened the box, and discovered the items were missing, I contacted the seller, they acknowledged that they did in fact forget to put the items in the box, and that they items were still sitting on their desk, and they immediately shipped the items (free of charge) to me. That is EXCELLENT customer service, and despite the delay, I still commended them, and gave them two thumbs up for "making things right".

Darby Weaver (SunGard Higher Education) is the exact opposite, and upon contacting Darby Weaver, he immediately started with personal attacks. His first response, was a personal attack. Not addressing the issue, but instead making a personal attack against me. From there, it just s****.> I can't imagine what Darby Weaver's association with SunGard Higher Education is, but even if he is the owner (as he claims to be), I just can't imagine the shareholders (if it is a publicly owned company), or the board of directors putting up with him. I'm not sure how accurate any of Darby Weaver's stories or "claim to fame" and "fortune" are, but they seem highly suspect, and not indicative of truth. They seem to be blatent lies, or exaggerations and regradless of how "famous" or "legendary" he seems to think he is, I really think that it's all in his head. Just by doing a simple Google search, I've been unable to find anything "famous" or "legendary" about him.

I've been unable to find anything making him President or a CEO of anything. All I can find is several blogs (written and authored by Darby Weaver) and several websites (owned/managed by Darby Weaver) in which Darby Weaver just promotes himself, and claims to be a superior being, and nothing but self-proclaimed fame and self-proclaimed prophesy. Nothing worth noting.

I've seen/read many "How to become a CCIE" tutorials (written by Darby Weaver, who is not even a CCIE himself). It would strike me as odd, that someone that is unable to obtain the CCIE certification (and has failed the CCIE exam 3 times, which shows that he is a failure), but for him to write an article as a "How to" guide on the CCIE, attempting to teach others how to pass the CCIE (when he himself can't), seems almost ironic and comical.

A "do as I say, but not as I do" type of person? Is this how Darby Weaver (SunGard Higher Education) takes care and instructs/leads it's customers?

Regardless, buyers beware, take what Darby Weaver says at "face value", nothing more. This person is a lot of talk, no action, and nothing but smoke and mirrors. In the end, you are left empty-handed, screwed over, and Darby Weaver has your money. So just make an "informed decision" and go elsewhere.

Take your business elsewhere, do a little research, and find a reputable company that stands behind it's products, and is a reputable dealer/company. I've dealt with many reputable people, but Darby Weaver (SunGard Higher Education) is certainly not one of them.

"In addition, I (Darby Weaver - the Seller) recommened the buyer (Mark) to open a case with Paypal to act as an intermediary in this matter."

Darby Weaver has recommended that I pay $40 to PayPal for a mediator to resolve this issue? Why should I pay ANOTHER $40 out of my own pocket? Again, I'm not going to spend ANOTHER $40 (out of my own pocket) just so Darby Weaver can cheat me out of another $40, and a mediator can't do anything to force Darby Weaver to pay (or make things right). If Darby Weaver wants to pay PayPal $40 (out of his own pocket) for the mediator, then by all means, I would have been more than willing to participate in the arbitration, but again Darby Weaver (SunGard Higher Education) refuses to pay for anything! Darby Weaver (SunGard Higher Education) are crooks and spinsters. They don't want to pay the $40 arbitration cost, they don't want to pay for shipping costs (or return shippping), they don't want to pay for repairs, and they don't want to pay to return/exchange the items. Darby Weaver doesn't want to pay for anything. Darby Weaver just wants to keep my money, and blow a lot of "smoke and mirror" silly talk. Brag about his "world famous" guarantees. Well these personal "guarantees" he makes are worthless and meaningless because a person needs to be credible, and honest (and reputable) in order to make a guarantee worth anything.

Darby Weaver (SunGard Higher Education) is not a credible, honest, or reputable dealer, and any promises made are not worth the paper (or ink) it's printed on. When there is a problem, the seller - Darby Weaver (SunGard Higher Education) refuses to accept any responsibility, or make things right. The seller is responsible for delivering the goods (as described in the legal and binding contract).

Darby Weaver is simply a "smooth talker" and a "salesman" if you will, and will blow a lot of smoke, but when it comes to delivering or turning his words into actions, there is nothing. Nothing but smoke. A month has passed, and no actions, just lots of words. Lots of empty and false promises.

Darby Weaver has about 5 or 6 posts worth of "words" but very little action. If Darby Weaver wants to pay for the repairs, I would be more than happy to take the item to a Cisco Authorized Repair Center, and Darby Weaver can pay for the repairs/bill to restore the item back to it's "described" condition (as described in the contract), and I would be more than happy to have Cisco "direct bill" Darby Weaver to repair the router back to the condition it was "described" as, but Darby Weaver is a spinster. He doesn't want to pay for the cost of repairs, exchange, or even the replacement cost. He only wants to offer a $60 refund, (after I pay for all related shipping costs of shipping the item to me, and shipping the item back to him) and then I'm left with absolutely no legal recourse against him (or SunGard Higher Education). This is how Darby Weaver works. He tries to defraud his customers, and make it as hard (and difficult) as possible. To the point where is customers just give up and walk away.

Avoid this seller - Darby Weaver (SunGard Higher Education) at all costs! If you need to spend $10 or $20 more, to go with a more reputable dealer, then do so! That small difference in price will be well worth the trouble and hassle of dealing with Darby Weaver (SunGard Higher Education). If Darby Weaver (SunGard Higher Education) attempts to sell you a service or product, just walk away! Avoid at all costs! Darby Weaver represents himself as a "big shot" and "world renown" and "famous" person that "everyone has heard of" and claims to be a "CCIE leader" and a master of the trade. Yet Darby Weaver is nothing but a crook (a conceited and narcisstic one at that).

Darby Weaver hides behind is self-proclaimed dynasty (claiming to be successful person, who owns SunGard Higher Education), but I just don't believe it for a minute. If Darby Weaver was so "rich" and owned "his" own "Fortune 500" company (SunGard Higher Education) then why deal in shoddy business practices, and try to screw his customers? It doesn't make sense. It doesn't seem likely that Darby Weaver is as "famous" or "legendary" as he claims, and it's highly unlikely that Darby Weaver even "owns" any business (SunGard Higher Education). He seems like a person that makes a lot of "false claims", creates a web of lies and tries to misrepresent himself to others (to seem "reputable").

It's dishonest, and misleading. Maybe Darby Weaver thinks that misleading others, and making legal threats and pretending to own his own "big company" (SunGard Higher Education) and representing himself as an owner of a "Fortune 500 Company" (as he claims in his personal e-mails), that the said company (will give himself some "credibility"), but Darby Weaver is a crook (plain and simple). He takes a customer's money, and delivers merchandise that is not as described. It's called FRAUD. Darby Weaver is a crook.

"Mark believes he should be able to keep components from the item and not return the full item for refund."

I don't want any cash, I'm not asking for a refund, nor am I seeking any money, I just want the items repaired/replaced/exchanged. That's all I want. I just want the items to be just "as described" in the original contract (a legal and binding agreement). Nothing more, nothing less. Accepting a $40 cash loss, and being left empty handed is not an "acceptable solution" to this problem (not to mention the month of "loss of use" for the item that I paid for, that was never delivered as described or promised).

"I sold this item for $100.00 + $15.00 for shipping. I have a lot of time and energy dedicated to this item at this point. Very unnecessary."

Yes, but take note that Darby Weaver (the self-proclaimed "legendary" and "world-renown" and "master" if you will...) who can "teach anyone to become a CCIE (yet he himself is NOT even a CCIE... and Darby Weaver has failed the CCIE exam 3 times himself...but claims to know how to "teach others" to pass it) Darby Weaver is nothing but a lot of "hot air" and "smoke". There is very little truth, to back up what Darby Weaver says, and there are no "actions" that substantiate Darby Weavers crooked smoke and mirror sales tactics.

If Darby Weaver (SunGard Higher Education) was so reputable (and honest) then why not drop ship a replacement, exchange the item (or replace/repair it) and make the customer happy? If Darby Weaver is part of a "Fortune 500" company, then why not drop ship a replacement? (As any reputable dealer/company would do). Why try and even talk about his "self-proclaimed" magical warranty (again, nothing but smoke and mirrors folks). His "no questions asked" guarantee (more smoke and mirrors folks).

Darby Weaver (SunGard Higher Education) is not a reputable dealer, and they don't sell (or service) genuine Cisco equipment, nor is a genuine Cisco IOS installed (it's pirated software, and pirated IOS) sold by Darby Weaver (SunGard Higher Education), and now Darby Weaver just wants the "evidence" back so that he won't be caught in all his web of lies. Darby Weaver is angry that I won't give him the evidence back (until I receive a replacement/exchange or this item is repaired at a Cisco Authorized Repair center).

"The item was shipped in good working order and then reportedly received as if it fell out of a window and yet the box was reportedly not damaged."

This is what makes it so hard to believe that the item was "damaged in shipping" and not "damaged prior to shipping". The box appears to be in good shape, but when you open the box the contents look as if they had fallen down a flight of stairs. It's highly unlikely that the item was "damaged in shipping" (as Darby claims).

The Cisco IOS software is pirated, the components don't look genuine, and the Cisco Router itself is not as described (described as flawless without any scratches or dents). Darby Weaver (SunGard Higher Education) is a spinster and a crook. He misrepresents himself, he misrepresents the products that he sells, and he misrepresents the company that he claims to own and work for (SunGard Higher Education), and he misrepresents his academic achievements (self-proclaimed CCIE teacher, who can "help anyone" become a CCIE) yet he is not even a CCIE himself, and he can't even pass the CCIE exam himself? He seems to cheat his way through life, and misrepresent himself to others, to give himself "credibility", but it all boils down to nothing but "smoke and mirrors" (fraud and lies).

"Mark alleges that the item was damaged by packing peanuts and poor packing."

No, I don't believe the damage was caused by "packing peanuts and poor packing", I believe that the damage was caused prior to shipment, and that it's a case of FRAUD. I believe the items were damaged prior to even putting them in the box, and that the seller - Darby Weaver (SunGard Higher Education) was hoping that he could defraud a customer. That's what I believe.

"I offer a 100% refund - non-DOA is what I have listed on the auction, but really it is no-questions asked. "

Darby Weaver (SunGard Higher Education) offers nothing but a "smoke and mirrors" guarantee. Just enough to fool/trick/mislead the customer into thinking that it's a "reputable" person, and "reputable" company. It's very misleading, but it's all part of Darby Weaver's (SunGard Higher Education) game. It's extremely misleading, and I warn all buyers to "BUYER BEWARE" and avoid the snare! It's a trap, and just walk away from this seller. He'll take your money, and then take back the merchandise, and will leave you empty-handed with no evidence (or legal recourse). Avoid this seller! Only a fool would deal with such a spinster and crook. Pay a few extra dollars, and buy from a reputable company/dealer, and stay away from Darby Weaver and his crooked "sales tactics". You'll save yourself a world of headaches and grief.

Darby Weaver claims to have 5 of these same routers (all identical), yet he fails to offer or ship a replacement? It's nothing but lies, and deceptive (and crooked) sales tactics. If Darby Weaver has 5 of these same routers, then why not drop ship a replacement, with a prepaid shipping label? I'll take the new one out of the box, and stick the damaged/old one back in the box, affix the prepaid shipping label, and return the old one back to him, and all of this would be quickly and easily resolved. Unfortunately, it was just "smoke and mirrors". There were no "5 other" of the same router. It was just false and misleading lies, in the Darby Weaver "web of lies" sales trickery. Darby Weaver claims "All faceplates are tight and in good condition. There are no dents or dings to speak of". Yet I have witnesses that watched the box get opened, and there inside is a broken router, badly beaten up, dented, and a broken off faceplate, with a destroyed 16MB flash card (clearly not as described).

Darby Weaver tries to use threats, and "scare tactics" to get a buyer to "back down" and accept a $40 cash loss (or accept no refund at all), and threatens to "make it world renown" among his "legendary" people and "legendary friends" (that he claims to know and work for). Claiming to know the mayor of Orlando Florida, and to be "good friends" with the Florida States Attorney (claiming that he is "famous" and "legendary" and best friends with all of these people and they all seem to "know him"). In truth, Darby Weaver is a crook, a spinster, and if the States Attorney does know him (which I doubt he does), but even if he did... it would probably be as a plantiff, and Darby Weaver as a defendant, but not as a "great personal friend" as he claims it to be.

The "Darby Weaver" legacy, and dynasty is nothing but smoke and mirrors. This is nothing more than a man with his own personal blog, and his own "self-proclaimed" prophesy. He likes to victimize others. Yet claims to be a "super-hero" if you will, that claims to "know everything" and for $50 he can "teach you his ways..." (and even "research" for you).

For $50/hr, I can use Google as well. A "drunk monkey" has the same intellect and common sense as Darby Weaver, but the only difference is it doesn't have the same self-serving malicious intent.


Darby Weaver claims: "I know full well that a consumer can ask for a 100% refund from Paypal and receive it with little or no difficulty."

How would Darby Weaver know all of this? He seems to be an "expert" (as he claims) and seems to know how "easy" it is to get a 100% refund from PayPal. Truth be told, there is very little that PayPal can do against fraud, and a spinster. There is no cash money in Darby Weaver's PayPal account, and PayPal can't recover any funds at this point.

Darby Weaver has already taken all the money out of his PayPal account, and there is nothing that PayPal can even do to recover the lost money. It's fraud, and Darby Weaver is not a reputable person, and there is nothing I can do about it, or get out of it. I'm forced to just listen to his silly nonsense, and listen to his "hogwash" stories, that if only I will just send back the broken/damaged/pirated/counterfeit Cisco equipment with pirated Cisco IOS software on it, and if I would only just "send it back to him" (so he can brush this all under the rug), then he will gladly take $40 of my own money, and give me a FULL "partial refund" (minus the $40 in shipping costs, and months worth of time/loss of use) and he will gladly give me a $60 refund, and leave me completely empty handed (and brush all the evidence under the rug). This is Darby Weaver's (SunGard Higher Education) personal guarantee! A personal guarantee to screw you!

Again, buyers beware! Just walk away from this seller, and avoid at all costs. Spend a few dollars more, and go with a more reputable seller/company.

Darby Weaver claims: " I also know that a person can decline the charges on their credit card for mostly any reason as well."

Darby Weaver sure seems to know quite a bit about these things. He refuses to offer any type of customer service, or "doing what is right", but she sure does know a lot about screwing a customer and all the "legal aspects" of defrauding customers.

It's been a painful experience, and an "uphill battle" dealing with Darby Weaver (SunGard Higher Education), and I would recommend that anyone considering doing business with Darby Weaver (SunGard Higher Education) avoid this dealer at all costs! Don't walk, but RUN!

Find a more reputable company, pay a few extra bucks, and have the peace of mind knowing that you won't "get screwed" by Darby Weaver (SunGard Higher Education).

Again, avoid this seller/dealer at all costs! Buyer beware! Avoid the "spinster" and walk away. This seller/dealer is a crook! Take your business elsewhere!

"In addition, I (Darby Weaver - the Seller) recommened the buyer (Mark) to open a case with Paypal to act as an intermediary in this matter."

Darby Weaver has recommended that I pay $40 to PayPal for a mediator to resolve this issue? Why should I pay ANOTHER $40 out of my own pocket? Again, I'm not going to spend ANOTHER $40 (out of my own pocket) just so Darby Weaver can cheat me out of another $40, and a mediator can't do anything to force Darby Weaver to pay (or make things right). If Darby Weaver wants to pay PayPal $40 (out of his own pocket) for the mediator, then by all means, I would have been more than willing to participate in the arbitration, but again Darby Weaver (SunGard Higher Education) refuses to pay for anything! Darby Weaver (SunGard Higher Education) are crooks and spinsters. They don't want to pay the $40 arbitration cost, they don't want to pay for shipping costs (or return shippping), they don't want to pay for repairs, and they don't want to pay to return/exchange the items. Darby Weaver doesn't want to pay for anything. Darby Weaver just wants to keep my money, and blow a lot of "smoke and mirror" silly talk. Brag about his "world famous" guarantees. Well these personal "guarantees" he makes are worthless and meaningless because a person needs to be credible, and honest (and reputable) in order to make a guarantee worth anything.

Darby Weaver (SunGard Higher Education) is not a credible, honest, or reputable dealer, and any promises made are not worth the paper (or ink) it's printed on. When there is a problem, the seller - Darby Weaver (SunGard Higher Education) refuses to accept any responsibility, or make things right. The seller is responsible for delivering the goods (as described in the legal and binding contract).

Darby Weaver is simply a "smooth talker" and a "salesman" if you will, and will blow a lot of smoke, but when it comes to delivering or turning his words into actions, there is nothing. Nothing but smoke. A month has passed, and no actions, just lots of words. Lots of empty and false promises.

Darby Weaver has about 5 or 6 posts worth of "words" but very little action. If Darby Weaver wants to pay for the repairs, I would be more than happy to take the item to a Cisco Authorized Repair Center, and Darby Weaver can pay for the repairs/bill to restore the item back to it's "described" condition (as described in the contract), and I would be more than happy to have Cisco "direct bill" Darby Weaver to repair the router back to the condition it was "described" as, but Darby Weaver is a spinster. He doesn't want to pay for the cost of repairs, exchange, or even the replacement cost. He only wants to offer a $60 refund, (after I pay for all related shipping costs of shipping the item to me, and shipping the item back to him) and then I'm left with absolutely no legal recourse against him (or SunGard Higher Education). This is how Darby Weaver works. He tries to defraud his customers, and make it as hard (and difficult) as possible. To the point where is customers just give up and walk away.

Avoid this seller - Darby Weaver (SunGard Higher Education) at all costs! If you need to spend $10 or $20 more, to go with a more reputable dealer, then do so! That small difference in price will be well worth the trouble and hassle of dealing with Darby Weaver (SunGard Higher Education). If Darby Weaver (SunGard Higher Education) attempts to sell you a service or product, just walk away! Avoid at all costs! Darby Weaver represents himself as a "big shot" and "world renown" and "famous" person that "everyone has heard of" and claims to be a "CCIE leader" and a master of the trade. Yet Darby Weaver is nothing but a crook (a conceited and narcisstic one at that).

Darby Weaver hides behind is self-proclaimed dynasty (claiming to be successful person, who owns SunGard Higher Education), but I just don't believe it for a minute. If Darby Weaver was so "rich" and owned "his" own "Fortune 500" company (SunGard Higher Education) then why deal in shoddy business practices, and try to screw his customers? It doesn't make sense. It doesn't seem likely that Darby Weaver is as "famous" or "legendary" as he claims, and it's highly unlikely that Darby Weaver even "owns" any business (SunGard Higher Education). He seems like a person that makes a lot of "false claims", creates a web of lies and tries to misrepresent himself to others (to seem "reputable").

It's dishonest, and misleading. Maybe Darby Weaver thinks that misleading others, and making legal threats and pretending to own his own "big company" (SunGard Higher Education) and representing himself as an owner of a "Fortune 500 Company" (as he claims in his personal e-mails), that the said company (will give himself some "credibility"), but Darby Weaver is a crook (plain and simple). He takes a customer's money, and delivers merchandise that is not as described. It's called FRAUD. Darby Weaver is a crook.

"Mark believes he should be able to keep components from the item and not return the full item for refund."

I don't want any cash, I'm not asking for a refund, nor am I seeking any money, I just want the items repaired/replaced/exchanged. That's all I want. I just want the items to be just "as described" in the original contract (a legal and binding agreement). Nothing more, nothing less. Accepting a $40 cash loss, and being left empty handed is not an "acceptable solution" to this problem (not to mention the month of "loss of use" for the item that I paid for, that was never delivered as described or promised).

"I sold this item for $100.00 + $15.00 for shipping. I have a lot of time and energy dedicated to this item at this point. Very unnecessary."

Yes, but take note that Darby Weaver (the self-proclaimed "legendary" and "world-renown" and "master" if you will...) who can "teach anyone to become a CCIE (yet he himself is NOT even a CCIE... and Darby Weaver has failed the CCIE exam 3 times himself...but claims to know how to "teach others" to pass it) Darby Weaver is nothing but a lot of "hot air" and "smoke". There is very little truth, to back up what Darby Weaver says, and there are no "actions" that substantiate Darby Weavers crooked smoke and mirror sales tactics.

If Darby Weaver (SunGard Higher Education) was so reputable (and honest) then why not drop ship a replacement, exchange the item (or replace/repair it) and make the customer happy? If Darby Weaver is part of a "Fortune 500" company, then why not drop ship a replacement? (As any reputable dealer/company would do). Why try and even talk about his "self-proclaimed" magical warranty (again, nothing but smoke and mirrors folks). His "no questions asked" guarantee (more smoke and mirrors folks).

Darby Weaver (SunGard Higher Education) is not a reputable dealer, and they don't sell (or service) genuine Cisco equipment, nor is a genuine Cisco IOS installed (it's pirated software, and pirated IOS) sold by Darby Weaver (SunGard Higher Education), and now Darby Weaver just wants the "evidence" back so that he won't be caught in all his web of lies. Darby Weaver is angry that I won't give him the evidence back (until I receive a replacement/exchange or this item is repaired at a Cisco Authorized Repair center).

"The item was shipped in good working order and then reportedly received as if it fell out of a window and yet the box was reportedly not damaged."

This is what makes it so hard to believe that the item was "damaged in shipping" and not "damaged prior to shipping". The box appears to be in good shape, but when you open the box the contents look as if they had fallen down a flight of stairs. It's highly unlikely that the item was "damaged in shipping" (as Darby claims).

The Cisco IOS software is pirated, the components don't look genuine, and the Cisco Router itself is not as described (described as flawless without any scratches or dents). Darby Weaver (SunGard Higher Education) is a spinster and a crook. He misrepresents himself, he misrepresents the products that he sells, and he misrepresents the company that he claims to own and work for (SunGard Higher Education), and he misrepresents his academic achievements (self-proclaimed CCIE teacher, who can "help anyone" become a CCIE) yet he is not even a CCIE himself, and he can't even pass the CCIE exam himself? He seems to cheat his way through life, and misrepresent himself to others, to give himself "credibility", but it all boils down to nothing but "smoke and mirrors" (fraud and lies).

"Mark alleges that the item was damaged by packing peanuts and poor packing."

No, I don't believe the damage was caused by "packing peanuts and poor packing", I believe that the damage was caused prior to shipment, and that it's a case of FRAUD. I believe the items were damaged prior to even putting them in the box, and that the seller - Darby Weaver (SunGard Higher Education) was hoping that he could defraud a customer. That's what I believe.

"I offer a 100% refund - non-DOA is what I have listed on the auction, but really it is no-questions asked. "

Darby Weaver (SunGard Higher Education) offers nothing but a "smoke and mirrors" guarantee. Just enough to fool/trick/mislead the customer into thinking that it's a "reputable" person, and "reputable" company. It's very misleading, but it's all part of Darby Weaver's (SunGard Higher Education) game. It's extremely misleading, and I warn all buyers to "BUYER BEWARE" and avoid the snare! It's a trap, and just walk away from this seller. He'll take your money, and then take back the merchandise, and will leave you empty-handed with no evidence (or legal recourse). Avoid this seller! Only a fool would deal with such a spinster and crook. Pay a few extra dollars, and buy from a reputable company/dealer, and stay away from Darby Weaver and his crooked "sales tactics". You'll save yourself a world of headaches and grief.

Darby Weaver claims to have 5 of these same routers (all identical), yet he fails to offer or ship a replacement? It's nothing but lies, and deceptive (and crooked) sales tactics. If Darby Weaver has 5 of these same routers, then why not drop ship a replacement, with a prepaid shipping label? I'll take the new one out of the box, and stick the damaged/old one back in the box, affix the prepaid shipping label, and return the old one back to him, and all of this would be quickly and easily resolved. Unfortunately, it was just "smoke and mirrors". There were no "5 other" of the same router. It was just false and misleading lies, in the Darby Weaver "web of lies" sales trickery. Darby Weaver claims "All faceplates are tight and in good condition. There are no dents or dings to speak of". Yet I have witnesses that watched the box get opened, and there inside is a broken router, badly beaten up, dented, and a broken off faceplate, with a destroyed 16MB flash card (clearly not as described).

Darby Weaver tries to use threats, and "scare tactics" to get a buyer to "back down" and accept a $40 cash loss (or accept no refund at all), and threatens to "make it world renown" among his "legendary" people and "legendary friends" (that he claims to know and work for). Claiming to know the mayor of Orlando Florida, and to be "good friends" with the Florida States Attorney (claiming that he is "famous" and "legendary" and best friends with all of these people and they all seem to "know him"). In truth, Darby Weaver is a crook, a spinster, and if the States Attorney does know him (which I doubt he does), but even if he did... it would probably be as a plantiff, and Darby Weaver as a defendant, but not as a "great personal friend" as he claims it to be.

The "Darby Weaver" legacy, and dynasty is nothing but smoke and mirrors. This is nothing more than a man with his own personal blog, and his own "self-proclaimed" prophesy. He likes to victimize others. Yet claims to be a "super-hero" if you will, that claims to "know everything" and for $50 he can "teach you his ways..." (and even "research" for you).

For $50/hr, I can use Google as well. A "drunk monkey" has the same intellect and common sense as Darby Weaver, but the only difference is it doesn't have the same self-serving malicious intent.


Darby Weaver claims: "I know full well that a consumer can ask for a 100% refund from Paypal and receive it with little or no difficulty."

How would Darby Weaver know all of this? He seems to be an "expert" (as he claims) and seems to know how "easy" it is to get a 100% refund from PayPal. Truth be told, there is very little that PayPal can do against fraud, and a spinster. There is no cash money in Darby Weaver's PayPal account, and PayPal can't recover any funds at this point.

Darby Weaver has already taken all the money out of his PayPal account, and there is nothing that PayPal can even do to recover the lost money. It's fraud, and Darby Weaver is not a reputable person, and there is nothing I can do about it, or get out of it. I'm forced to just listen to his silly nonsense, and listen to his "hogwash" stories, that if only I will just send back the broken/damaged/pirated/counterfeit Cisco equipment with pirated Cisco IOS software on it, and if I would only just "send it back to him" (so he can brush this all under the rug), then he will gladly take $40 of my own money, and give me a FULL "partial refund" (minus the $40 in shipping costs, and months worth of time/loss of use) and he will gladly give me a $60 refund, and leave me completely empty handed (and brush all the evidence under the rug). This is Darby Weaver's (SunGard Higher Education) personal guarantee! A personal guarantee to screw you!

Again, buyers beware! Just walk away from this seller, and avoid at all costs. Spend a few dollars more, and go with a more reputable seller/company.

Darby Weaver claims: " I also know that a person can decline the charges on their credit card for mostly any reason as well."

Darby Weaver sure seems to know quite a bit about these things. He refuses to offer any type of customer service, or "doing what is right", but she sure does know a lot about screwing a customer and all the "legal aspects" of defrauding customers.

It's been a painful experience, and an "uphill battle" dealing with Darby Weaver (SunGard Higher Education), and I would recommend that anyone considering doing business with Darby Weaver (SunGard Higher Education) avoid this dealer at all costs! Don't walk, but RUN!

Find a more reputable company, pay a few extra bucks, and have the peace of mind knowing that you won't "get screwed" by Darby Weaver (SunGard Higher Education).

Again, avoid this seller/dealer at all costs! Buyer beware! Avoid the "spinster" and walk away. This seller/dealer is a crook! Take your business elsewhere!

"In addition, I (Darby Weaver - the Seller) recommened the buyer (Mark) to open a case with Paypal to act as an intermediary in this matter."

Darby Weaver has recommended that I pay $40 to PayPal for a mediator to resolve this issue? Why should I pay ANOTHER $40 out of my own pocket? Again, I'm not going to spend ANOTHER $40 (out of my own pocket) just so Darby Weaver can cheat me out of another $40, and a mediator can't do anything to force Darby Weaver to pay (or make things right). If Darby Weaver wants to pay PayPal $40 (out of his own pocket) for the mediator, then by all means, I would have been more than willing to participate in the arbitration, but again Darby Weaver (SunGard Higher Education) refuses to pay for anything! Darby Weaver (SunGard Higher Education) are crooks and spinsters. They don't want to pay the $40 arbitration cost, they don't want to pay for shipping costs (or return shippping), they don't want to pay for repairs, and they don't want to pay to return/exchange the items. Darby Weaver doesn't want to pay for anything. Darby Weaver just wants to keep my money, and blow a lot of "smoke and mirror" silly talk. Brag about his "world famous" guarantees. Well these personal "guarantees" he makes are worthless and meaningless because a person needs to be credible, and honest (and reputable) in order to make a guarantee worth anything.

Darby Weaver (SunGard Higher Education) is not a credible, honest, or reputable dealer, and any promises made are not worth the paper (or ink) it's printed on. When there is a problem, the seller - Darby Weaver (SunGard Higher Education) refuses to accept any responsibility, or make things right. The seller is responsible for delivering the goods (as described in the legal and binding contract).

Darby Weaver is simply a "smooth talker" and a "salesman" if you will, and will blow a lot of smoke, but when it comes to delivering or turning his words into actions, there is nothing. Nothing but smoke. A month has passed, and no actions, just lots of words. Lots of empty and false promises.

Darby Weaver has about 5 or 6 posts worth of "words" but very little action. If Darby Weaver wants to pay for the repairs, I would be more than happy to take the item to a Cisco Authorized Repair Center, and Darby Weaver can pay for the repairs/bill to restore the item back to it's "described" condition (as described in the contract), and I would be more than happy to have Cisco "direct bill" Darby Weaver to repair the router back to the condition it was "described" as, but Darby Weaver is a spinster. He doesn't want to pay for the cost of repairs, exchange, or even the replacement cost. He only wants to offer a $60 refund, (after I pay for all related shipping costs of shipping the item to me, and shipping the item back to him) and then I'm left with absolutely no legal recourse against him (or SunGard Higher Education). This is how Darby Weaver works. He tries to defraud his customers, and make it as hard (and difficult) as possible. To the point where is customers just give up and walk away.

Avoid this seller - Darby Weaver (SunGard Higher Education) at all costs! If you need to spend $10 or $20 more, to go with a more reputable dealer, then do so! That small difference in price will be well worth the trouble and hassle of dealing with Darby Weaver (SunGard Higher Education). If Darby Weaver (SunGard Higher Education) attempts to sell you a service or product, just walk away! Avoid at all costs! Darby Weaver represents himself as a "big shot" and "world renown" and "famous" person that "everyone has heard of" and claims to be a "CCIE leader" and a master of the trade. Yet Darby Weaver is nothing but a crook (a conceited and narcisstic one at that).

Darby Weaver hides behind is self-proclaimed dynasty (claiming to be successful person, who owns SunGard Higher Education), but I just don't believe it for a minute. If Darby Weaver was so "rich" and owned "his" own "Fortune 500" company (SunGard Higher Education) then why deal in shoddy business practices, and try to screw his customers? It doesn't make sense. It doesn't seem likely that Darby Weaver is as "famous" or "legendary" as he claims, and it's highly unlikely that Darby Weaver even "owns" any business (SunGard Higher Education). He seems like a person that makes a lot of "false claims", creates a web of lies and tries to misrepresent himself to others (to seem "reputable").

It's dishonest, and misleading. Maybe Darby Weaver thinks that misleading others, and making legal threats and pretending to own his own "big company" (SunGard Higher Education) and representing himself as an owner of a "Fortune 500 Company" (as he claims in his personal e-mails), that the said company (will give himself some "credibility"), but Darby Weaver is a crook (plain and simple). He takes a customer's money, and delivers merchandise that is not as described. It's called FRAUD. Darby Weaver is a crook.

"Mark believes he should be able to keep components from the item and not return the full item for refund."

I don't want any cash, I'm not asking for a refund, nor am I seeking any money, I just want the items repaired/replaced/exchanged. That's all I want. I just want the items to be just "as described" in the original contract (a legal and binding agreement). Nothing more, nothing less. Accepting a $40 cash loss, and being left empty handed is not an "acceptable solution" to this problem (not to mention the month of "loss of use" for the item that I paid for, that was never delivered as described or promised).

"I sold this item for $100.00 + $15.00 for shipping. I have a lot of time and energy dedicated to this item at this point. Very unnecessary."

Yes, but take note that Darby Weaver (the self-proclaimed "legendary" and "world-renown" and "master" if you will...) who can "teach anyone to become a CCIE (yet he himself is NOT even a CCIE... and Darby Weaver has failed the CCIE exam 3 times himself...but claims to know how to "teach others" to pass it) Darby Weaver is nothing but a lot of "hot air" and "smoke". There is very little truth, to back up what Darby Weaver says, and there are no "actions" that substantiate Darby Weavers crooked smoke and mirror sales tactics.

If Darby Weaver (SunGard Higher Education) was so reputable (and honest) then why not drop ship a replacement, exchange the item (or replace/repair it) and make the customer happy? If Darby Weaver is part of a "Fortune 500" company, then why not drop ship a replacement? (As any reputable dealer/company would do). Why try and even talk about his "self-proclaimed" magical warranty (again, nothing but smoke and mirrors folks). His "no questions asked" guarantee (more smoke and mirrors folks).

Darby Weaver (SunGard Higher Education) is not a reputable dealer, and they don't sell (or service) genuine Cisco equipment, nor is a genuine Cisco IOS installed (it's pirated software, and pirated IOS) sold by Darby Weaver (SunGard Higher Education), and now Darby Weaver just wants the "evidence" back so that he won't be caught in all his web of lies. Darby Weaver is angry that I won't give him the evidence back (until I receive a replacement/exchange or this item is repaired at a Cisco Authorized Repair center).

"The item was shipped in good working order and then reportedly received as if it fell out of a window and yet the box was reportedly not damaged."

This is what makes it so hard to believe that the item was "damaged in shipping" and not "damaged prior to shipping". The box appears to be in good shape, but when you open the box the contents look as if they had fallen down a flight of stairs. It's highly unlikely that the item was "damaged in shipping" (as Darby claims).

The Cisco IOS software is pirated, the components don't look genuine, and the Cisco Router itself is not as described (described as flawless without any scratches or dents). Darby Weaver (SunGard Higher Education) is a spinster and a crook. He misrepresents himself, he misrepresents the products that he sells, and he misrepresents the company that he claims to own and work for (SunGard Higher Education), and he misrepresents his academic achievements (self-proclaimed CCIE teacher, who can "help anyone" become a CCIE) yet he is not even a CCIE himself, and he can't even pass the CCIE exam himself? He seems to cheat his way through life, and misrepresent himself to others, to give himself "credibility", but it all boils down to nothing but "smoke and mirrors" (fraud and lies).

"Mark alleges that the item was damaged by packing peanuts and poor packing."

No, I don't believe the damage was caused by "packing peanuts and poor packing", I believe that the damage was caused prior to shipment, and that it's a case of FRAUD. I believe the items were damaged prior to even putting them in the box, and that the seller - Darby Weaver (SunGard Higher Education) was hoping that he could defraud a customer. That's what I believe.

"I offer a 100% refund - non-DOA is what I have listed on the auction, but really it is no-questions asked. "

Darby Weaver (SunGard Higher Education) offers nothing but a "smoke and mirrors" guarantee. Just enough to fool/trick/mislead the customer into thinking that it's a "reputable" person, and "reputable" company. It's very misleading, but it's all part of Darby Weaver's (SunGard Higher Education) game. It's extremely misleading, and I warn all buyers to "BUYER BEWARE" and avoid the snare! It's a trap, and just walk away from this seller. He'll take your money, and then take back the merchandise, and will leave you empty-handed with no evidence (or legal recourse). Avoid this seller! Only a fool would deal with such a spinster and crook. Pay a few extra dollars, and buy from a reputable company/dealer, and stay away from Darby Weaver and his crooked "sales tactics". You'll save yourself a world of headaches and grief.

Darby Weaver claims to have 5 of these same routers (all identical), yet he fails to offer or ship a replacement? It's nothing but lies, and deceptive (and crooked) sales tactics. If Darby Weaver has 5 of these same routers, then why not drop ship a replacement, with a prepaid shipping label? I'll take the new one out of the box, and stick the damaged/old one back in the box, affix the prepaid shipping label, and return the old one back to him, and all of this would be quickly and easily resolved. Unfortunately, it was just "smoke and mirrors". There were no "5 other" of the same router. It was just false and misleading lies, in the Darby Weaver "web of lies" sales trickery. Darby Weaver claims "All faceplates are tight and in good condition. There are no dents or dings to speak of". Yet I have witnesses that watched the box get opened, and there inside is a broken router, badly beaten up, dented, and a broken off faceplate, with a destroyed 16MB flash card (clearly not as described).

Darby Weaver tries to use threats, and "scare tactics" to get a buyer to "back down" and accept a $40 cash loss (or accept no refund at all), and threatens to "make it world renown" among his "legendary" people and "legendary friends" (that he claims to know and work for). Claiming to know the mayor of Orlando Florida, and to be "good friends" with the Florida States Attorney (claiming that he is "famous" and "legendary" and best friends with all of these people and they all seem to "know him"). In truth, Darby Weaver is a crook, a spinster, and if the States Attorney does know him (which I doubt he does), but even if he did... it would probably be as a plantiff, and Darby Weaver as a defendant, but not as a "great personal friend" as he claims it to be.

The "Darby Weaver" legacy, and dynasty is nothing but smoke and mirrors. This is nothing more than a man with his own personal blog, and his own "self-proclaimed" prophesy. He likes to victimize others. Yet claims to be a "super-hero" if you will, that claims to "know everything" and for $50 he can "teach you his ways..." (and even "research" for you).

For $50/hr, I can use Google as well. A "drunk monkey" has the same intellect and common sense as Darby Weaver, but the only difference is it doesn't have the same self-serving malicious intent.


Darby Weaver claims: "I know full well that a consumer can ask for a 100% refund from Paypal and receive it with little or no difficulty."

How would Darby Weaver know all of this? He seems to be an "expert" (as he claims) and seems to know how "easy" it is to get a 100% refund from PayPal. Truth be told, there is very little that PayPal can do against fraud, and a spinster. There is no cash money in Darby Weaver's PayPal account, and PayPal can't recover any funds at this point.

Darby Weaver has already taken all the money out of his PayPal account, and there is nothing that PayPal can even do to recover the lost money. It's fraud, and Darby Weaver is not a reputable person, and there is nothing I can do about it, or get out of it. I'm forced to just listen to his silly nonsense, and listen to his "hogwash" stories, that if only I will just send back the broken/damaged/pirated/counterfeit Cisco equipment with pirated Cisco IOS software on it, and if I would only just "send it back to him" (so he can brush this all under the rug), then he will gladly take $40 of my own money, and give me a FULL "partial refund" (minus the $40 in shipping costs, and months worth of time/loss of use) and he will gladly give me a $60 refund, and leave me completely empty handed (and brush all the evidence under the rug). This is Darby Weaver's (SunGard Higher Education) personal guarantee! A personal guarantee to screw you!

Again, buyers beware! Just walk away from this seller, and avoid at all costs. Spend a few dollars more, and go with a more reputable seller/company.

Darby Weaver claims: " I also know that a person can decline the charges on their credit card for mostly any reason as well."

Darby Weaver sure seems to know quite a bit about these things. He refuses to offer any type of customer service, or "doing what is right", but she sure does know a lot about screwing a customer and all the "legal aspects" of defrauding customers.

It's been a painful experience, and an "uphill battle" dealing with Darby Weaver (SunGard Higher Education), and I would recommend that anyone considering doing business with Darby Weaver (SunGard Higher Education) avoid this dealer at all costs! Don't walk, but RUN!

Find a more reputable company, pay a few extra bucks, and have the peace of mind knowing that you won't "get screwed" by Darby Weaver (SunGard Higher Education).

Again, avoid this seller/dealer at all costs! Buyer beware! Avoid the "spinster" and walk away. This seller/dealer is a crook! Take your business elsewhere!

"In addition, I (Darby Weaver - the Seller) recommened the buyer (Mark) to open a case with Paypal to act as an intermediary in this matter."

Darby Weaver has recommended that I pay $40 to PayPal for a mediator to resolve this issue? Why should I pay ANOTHER $40 out of my own pocket? Again, I'm not going to spend ANOTHER $40 (out of my own pocket) just so Darby Weaver can cheat me out of another $40, and a mediator can't do anything to force Darby Weaver to pay (or make things right). If Darby Weaver wants to pay PayPal $40 (out of his own pocket) for the mediator, then by all means, I would have been more than willing to participate in the arbitration, but again Darby Weaver (SunGard Higher Education) refuses to pay for anything! Darby Weaver (SunGard Higher Education) are crooks and spinsters. They don't want to pay the $40 arbitration cost, they don't want to pay for shipping costs (or return shippping), they don't want to pay for repairs, and they don't want to pay to return/exchange the items. Darby Weaver doesn't want to pay for anything. Darby Weaver just wants to keep my money, and blow a lot of "smoke and mirror" silly talk. Brag about his "world famous" guarantees. Well these personal "guarantees" he makes are worthless and meaningless because a person needs to be credible, and honest (and reputable) in order to make a guarantee worth anything.

Darby Weaver (SunGard Higher Education) is not a credible, honest, or reputable dealer, and any promises made are not worth the paper (or ink) it's printed on. When there is a problem, the seller - Darby Weaver (SunGard Higher Education) refuses to accept any responsibility, or make things right. The seller is responsible for delivering the goods (as described in the legal and binding contract).

Darby Weaver is simply a "smooth talker" and a "salesman" if you will, and will blow a lot of smoke, but when it comes to delivering or turning his words into actions, there is nothing. Nothing but smoke. A month has passed, and no actions, just lots of words. Lots of empty and false promises.

Darby Weaver has about 5 or 6 posts worth of "words" but very little action. If Darby Weaver wants to pay for the repairs, I would be more than happy to take the item to a Cisco Authorized Repair Center, and Darby Weaver can pay for the repairs/bill to restore the item back to it's "described" condition (as described in the contract), and I would be more than happy to have Cisco "direct bill" Darby Weaver to repair the router back to the condition it was "described" as, but Darby Weaver is a spinster. He doesn't want to pay for the cost of repairs, exchange, or even the replacement cost. He only wants to offer a $60 refund, (after I pay for all related shipping costs of shipping the item to me, and shipping the item back to him) and then I'm left with absolutely no legal recourse against him (or SunGard Higher Education). This is how Darby Weaver works. He tries to defraud his customers, and make it as hard (and difficult) as possible. To the point where is customers just give up and walk away.

Avoid this seller - Darby Weaver (SunGard Higher Education) at all costs! If you need to spend $10 or $20 more, to go with a more reputable dealer, then do so! That small difference in price will be well worth the trouble and hassle of dealing with Darby Weaver (SunGard Higher Education). If Darby Weaver (SunGard Higher Education) attempts to sell you a service or product, just walk away! Avoid at all costs! Darby Weaver represents himself as a "big shot" and "world renown" and "famous" person that "everyone has heard of" and claims to be a "CCIE leader" and a master of the trade. Yet Darby Weaver is nothing but a crook (a conceited and narcisstic one at that).

Darby Weaver hides behind is self-proclaimed dynasty (claiming to be successful person, who owns SunGard Higher Education), but I just don't believe it for a minute. If Darby Weaver was so "rich" and owned "his" own "Fortune 500" company (SunGard Higher Education) then why deal in shoddy business practices, and try to screw his customers? It doesn't make sense. It doesn't seem likely that Darby Weaver is as "famous" or "legendary" as he claims, and it's highly unlikely that Darby Weaver even "owns" any business (SunGard Higher Education). He seems like a person that makes a lot of "false claims", creates a web of lies and tries to misrepresent himself to others (to seem "reputable").

It's dishonest, and misleading. Maybe Darby Weaver thinks that misleading others, and making legal threats and pretending to own his own "big company" (SunGard Higher Education) and representing himself as an owner of a "Fortune 500 Company" (as he claims in his personal e-mails), that the said company (will give himself some "credibility"), but Darby Weaver is a crook (plain and simple). He takes a customer's money, and delivers merchandise that is not as described. It's called FRAUD. Darby Weaver is a crook.

"Mark believes he should be able to keep components from the item and not return the full item for refund."

I don't want any cash, I'm not asking for a refund, nor am I seeking any money, I just want the items repaired/replaced/exchanged. That's all I want. I just want the items to be just "as described" in the original contract (a legal and binding agreement). Nothing more, nothing less. Accepting a $40 cash loss, and being left empty handed is not an "acceptable solution" to this problem (not to mention the month of "loss of use" for the item that I paid for, that was never delivered as described or promised).

"I sold this item for $100.00 + $15.00 for shipping. I have a lot of time and energy dedicated to this item at this point. Very unnecessary."

Yes, but take note that Darby Weaver (the self-proclaimed "legendary" and "world-renown" and "master" if you will...) who can "teach anyone to become a CCIE (yet he himself is NOT even a CCIE... and Darby Weaver has failed the CCIE exam 3 times himself...but claims to know how to "teach others" to pass it) Darby Weaver is nothing but a lot of "hot air" and "smoke". There is very little truth, to back up what Darby Weaver says, and there are no "actions" that substantiate Darby Weavers crooked smoke and mirror sales tactics.

If Darby Weaver (SunGard Higher Education) was so reputable (and honest) then why not drop ship a replacement, exchange the item (or replace/repair it) and make the customer happy? If Darby Weaver is part of a "Fortune 500" company, then why not drop ship a replacement? (As any reputable dealer/company would do). Why try and even talk about his "self-proclaimed" magical warranty (again, nothing but smoke and mirrors folks). His "no questions asked" guarantee (more smoke and mirrors folks).

Darby Weaver (SunGard Higher Education) is not a reputable dealer, and they don't sell (or service) genuine Cisco equipment, nor is a genuine Cisco IOS installed (it's pirated software, and pirated IOS) sold by Darby Weaver (SunGard Higher Education), and now Darby Weaver just wants the "evidence" back so that he won't be caught in all his web of lies. Darby Weaver is angry that I won't give him the evidence back (until I receive a replacement/exchange or this item is repaired at a Cisco Authorized Repair center).

"The item was shipped in good working order and then reportedly received as if it fell out of a window and yet the box was reportedly not damaged."

This is what makes it so hard to believe that the item was "damaged in shipping" and not "damaged prior to shipping". The box appears to be in good shape, but when you open the box the contents look as if they had fallen down a flight of stairs. It's highly unlikely that the item was "damaged in shipping" (as Darby claims).

The Cisco IOS software is pirated, the components don't look genuine, and the Cisco Router itself is not as described (described as flawless without any scratches or dents). Darby Weaver (SunGard Higher Education) is a spinster and a crook. He misrepresents himself, he misrepresents the products that he sells, and he misrepresents the company that he claims to own and work for (SunGard Higher Education), and he misrepresents his academic achievements (self-proclaimed CCIE teacher, who can "help anyone" become a CCIE) yet he is not even a CCIE himself, and he can't even pass the CCIE exam himself? He seems to cheat his way through life, and misrepresent himself to others, to give himself "credibility", but it all boils down to nothing but "smoke and mirrors" (fraud and lies).

"Mark alleges that the item was damaged by packing peanuts and poor packing."

No, I don't believe the damage was caused by "packing peanuts and poor packing", I believe that the damage was caused prior to shipment, and that it's a case of FRAUD. I believe the items were damaged prior to even putting them in the box, and that the seller - Darby Weaver (SunGard Higher Education) was hoping that he could defraud a customer. That's what I believe.

"I offer a 100% refund - non-DOA is what I have listed on the auction, but really it is no-questions asked. "

Darby Weaver (SunGard Higher Education) offers nothing but a "smoke and mirrors" guarantee. Just enough to fool/trick/mislead the customer into thinking that it's a "reputable" person, and "reputable" company. It's very misleading, but it's all part of Darby Weaver's (SunGard Higher Education) game. It's extremely misleading, and I warn all buyers to "BUYER BEWARE" and avoid the snare! It's a trap, and just walk away from this seller. He'll take your money, and then take back the merchandise, and will leave you empty-handed with no evidence (or legal recourse). Avoid this seller! Only a fool would deal with such a spinster and crook. Pay a few extra dollars, and buy from a reputable company/dealer, and stay away from Darby Weaver and his crooked "sales tactics". You'll save yourself a world of headaches and grief.

Darby Weaver claims to have 5 of these same routers (all identical), yet he fails to offer or ship a replacement? It's nothing but lies, and deceptive (and crooked) sales tactics. If Darby Weaver has 5 of these same routers, then why not drop ship a replacement, with a prepaid shipping label? I'll take the new one out of the box, and stick the damaged/old one back in the box, affix the prepaid shipping label, and return the old one back to him, and all of this would be quickly and easily resolved. Unfortunately, it was just "smoke and mirrors". There were no "5 other" of the same router. It was just false and misleading lies, in the Darby Weaver "web of lies" sales trickery. Darby Weaver claims "All faceplates are tight and in good condition. There are no dents or dings to speak of". Yet I have witnesses that watched the box get opened, and there inside is a broken router, badly beaten up, dented, and a broken off faceplate, with a destroyed 16MB flash card (clearly not as described).

Darby Weaver tries to use threats, and "scare tactics" to get a buyer to "back down" and accept a $40 cash loss (or accept no refund at all), and threatens to "make it world renown" among his "legendary" people and "legendary friends" (that he claims to know and work for). Claiming to know the mayor of Orlando Florida, and to be "good friends" with the Florida States Attorney (claiming that he is "famous" and "legendary" and best friends with all of these people and they all seem to "know him"). In truth, Darby Weaver is a crook, a spinster, and if the States Attorney does know him (which I doubt he does), but even if he did... it would probably be as a plantiff, and Darby Weaver as a defendant, but not as a "great personal friend" as he claims it to be.

The "Darby Weaver" legacy, and dynasty is nothing but smoke and mirrors. This is nothing more than a man with his own personal blog, and his own "self-proclaimed" prophesy. He likes to victimize others. Yet claims to be a "super-hero" if you will, that claims to "know everything" and for $50 he can "teach you his ways..." (and even "research" for you).

For $50/hr, I can use Google as well. A "drunk monkey" has the same intellect and common sense as Darby Weaver, but the only difference is it doesn't have the same self-serving malicious intent.


Darby Weaver claims: "I know full well that a consumer can ask for a 100% refund from Paypal and receive it with little or no difficulty."

How would Darby Weaver know all of this? He seems to be an "expert" (as he claims) and seems to know how "easy" it is to get a 100% refund from PayPal. Truth be told, there is very little that PayPal can do against fraud, and a spinster. There is no cash money in Darby Weaver's PayPal account, and PayPal can't recover any funds at this point.

Darby Weaver has already taken all the money out of his PayPal account, and there is nothing that PayPal can even do to recover the lost money. It's fraud, and Darby Weaver is not a reputable person, and there is nothing I can do about it, or get out of it. I'm forced to just listen to his silly nonsense, and listen to his "hogwash" stories, that if only I will just send back the broken/damaged/pirated/counterfeit Cisco equipment with pirated Cisco IOS software on it, and if I would only just "send it back to him" (so he can brush this all under the rug), then he will gladly take $40 of my own money, and give me a FULL "partial refund" (minus the $40 in shipping costs, and months worth of time/loss of use) and he will gladly give me a $60 refund, and leave me completely empty handed (and brush all the evidence under the rug). This is Darby Weaver's (SunGard Higher Education) personal guarantee! A personal guarantee to screw you!

Again, buyers beware! Just walk away from this seller, and avoid at all costs. Spend a few dollars more, and go with a more reputable seller/company.

Darby Weaver claims: " I also know that a person can decline the charges on their credit card for mostly any reason as well."

Darby Weaver sure seems to know quite a bit about these things. He refuses to offer any type of customer service, or "doing what is right", but she sure does know a lot about screwing a customer and all the "legal aspects" of defrauding customers.

It's been a painful experience, and an "uphill battle" dealing with Darby Weaver (SunGard Higher Education), and I would recommend that anyone considering doing business with Darby Weaver (SunGard Higher Education) avoid this dealer at all costs! Don't walk, but RUN!

Find a more reputable company, pay a few extra bucks, and have the peace of mind knowing that you won't "get screwed" by Darby Weaver (SunGard Higher Education).

Again, avoid this seller/dealer at all costs! Buyer beware! Avoid the "spinster" and walk away. This seller/dealer is a crook! Take your business elsewhere!

Darby Weaver is turning this into a "personal attack" instead of just stating the facts (that he defrauded a customer, and now he is trying to turn this into a personal attack).

A "Rebuttal" is for an owner or employee with negative or positive information about the company, it's NOT meant to be a "personal attack" from Darby Weaver.

Darby Weaver (SunGard Higher Education) has had plenty of time (over a month) to "make things right", and either ship out a replacement, or file a FedEx claim to repair the damaged items.

It seems as if the items were SHIPPED DAMAGED, so I would think that this is simply a case of fraud by Darby Weaver (SunGard Higher Education). A "smash and grab" (take your money and run) type of deal by Darby Weaver.

After making a lot of "noise", Darby Weaver still refuses to honor the contract (a legal and binding agreement), and still refuses to replace or repair the damaged product. Darby Weaver is not a "man of his word" and is not someone that can be trusted.

Darby Weaver claims to have 4 other replacements (in his ad), but refuses to ship a replacement. It seems very suspect. Next Darby Weaver insists that I "ship him back the evidence" (in exchange for a $60 refund, almost half of what I have paid). Again, seems very suspect.

I have asked Darby Weaver (SunGard Higher Education) to file a FedEx claim and/or replace and/or repair the damaged items. The seller, Darby Weaver (SunGard Higher Education) refuses. The contract is a contract. I am asking that the seller drop ships a replacement and exchanges the item for another one and agrees to pay for return shipping and all related shipping costs. If seller is unwilling to repair/replace the damaged item, I am asking for a partial refund to cover the cost of purchasing a similar like item.

Darby Weaver (SunGard Higher Education) entered into a binding contract, and Darby Weaver refuses to honor that contract or to replace/repair/exchange the Cisco Router and damaged components to "make things right".

If Darby Weaver wants to pay for all related shipping costs, and repair/replace the items (so that they are in the conditon that was advertised, and in our binding and legal agreement/contract) then that would be acceptable.

Darby Weaver has not only NOT fulfilled the contract, he wants me to take a $40 personal loss (the cost of shipping the item to me, plus shipping the item back to him), plus a month of "loss of use" of the item (because of all his nonsense). When in reality Darby Weaver (SunGard Higher Education) should be responsible for proper shipment of the merchandise, all related shipping costs, as well as responsible for repairing/replacing the damaged items. The items were either damaged to shipping (as Darby Weaver claims), but they don't appear to have been damaged by shipping, and seem to have been DAMAGED PRIOR TO SHIPPING.

This seems to be a case of fraud, and not only did Darby Weaver ship the item from SunGard Higher Education (possibly a damaged item prior to shipment), now Darby Weaver claims that he is NOT responsible for insuring the item, or repairing/replacing the item.

Darby Weaver (SunGard Higher Education) stole my money, and fails to pay for the damages/repairs, and all related shipping costs. Darby Weaver (SunGard Higher Education) is a "con man" and not someone to trust. I have no problem returning the damaged items to Darby Weaver, after I receive a replacement item. Darby Weaver has already stole my money, and now he wants the product (evidence). I have taken pictures, and will bring the damaged merchandise to court (as evidence). Darby Weaver refuses to repair/replace the damaged items (like any reputable company/person would). He claims the items were insured, but refuses to file a claim with FedEx (claiming that FedEx will hold him responsible for not properly packing the materials, and therefore he will be out the replacement value).

Darby Weaver (SunGard Higher Education) is not a reputable person or someone that you can trust, and is someone that will try to get out of a binding legal agreement, hoping that he can defraud you, take your money, leave you empty handed and make you pay out of pocket for shipping an item (both ways, and over $40 in shipping) for an item that is not as described.

Just so Darby Weaver can collect on the insurance money, and pocket another $100 (plus screw the buyer out of $40 worth of shipping charges, and the loss of use of the merchandise).

It's a binding and legal contract, and Darby Weaver (SunGard Higher Education) needs to "make things right" by fixing or replacing the damaged items, and pay for all associated shipping costs and repairs/replacement costs.

Darby Weaver may have a severe mental illness, his narccsist attitude, claiming to teach people "how to become a CCIE" when he himself is not a CCIE? The man has failed the exam 3 times himself? The man sounds as dumb as a box of rocks, and anyone that will leave "6 rebuttals" and send over 40 personal e-mails, just to get out of paying for the damages? Attempting to leave me "empty handed" without the goods (that I paid for) and giving me a partial refund (not including $40 worth of shipping costs, and then refunding me only $60 out of the $115 that I paid) is not an acceptable solution. It's called fraud.

Darby Weaver is upset that I'm holding onto the evidence, and until FedEx looks at it, and files their own report, I'm not turning it over (until I have a replacement or the items are repaired). Darby Weaver (SunGard Higher Education) entered into a binding legal contract, and Darby Weaver needs to drop ship a replacement (and cover the cost of all related shipping costs and repairs/replacement), and make things right for what he has done wrong.

It appears to be fraud, and buyers should beware. This router doesn't look to be "damaged in shipping" and Darby Weaver claims to be a "reputable" dealer/person, but resorts to making personal attacks, and refuses to take responsibility, or repair/replace the item (so that it's "as described" in the contract). What was received was "not as described", and now Darby Weaver wants to try and get out of the contract, and a partial refund ($60 after I lose $40 in shipping & handling) is just not an acceptable answer.

Seller is responsible for shipping the product in the condition it was advertised and described. Seller has tried to deny all responsibility, and has refused to file a claim with FedEx. Seller doesn't seem reputable, or someone that can be trusted. Buyers beware!

If seller is reputable, then why won't he drop ship a replacement Cisco router, with a prepaid shipping label, and I will gladly put the damaged router back into the box, and attached the pre-paid shipping label, and return the old router back to Darby (as any reputable company/dealer/person would do). I would gladly ship the old item back (AFTER received a replacement).

I am asking that seller, Darby Weaver (SunGard Higher Education) drop ship a replacement and exchanges the item for another one (of like or equal value) and agrees to pay for return shipping and all related shipping costs.

I'm not asking for a refund, I'm asking Darby Weaver to ship a replacement. If seller is unwilling to drop ship a replacement, then I am asking that seller cover the cost of repairs (at a Cisco Authorized Repair Center) or issue a refund of $104 (partial payment) to cover the cost of repairs and/or replacement cost.

Seller claims to have "4" more of these same Cisco routers (in his item description), but refuses to drop ship a replacement? Seems very misleading. Darby Weaver (SunGard Higher Education) is not a man of his word, nor a reputable individual/company and should not be trusted. Avoid Darby Weaver (SunGard Higher Education) at all cost!

I've already been cheated/lied to and defrauded once, and Darby Weaver (SunGard Higher Education) is not someone that I would recommend doing business with in the future.

He will make a lot of "noise" (as you can see from all his posts), but it's nothing but "smoke and mirrors" to draw your attention away from the real facts. Darby Weaver is a "spinster", and just as a person will "sell you a lemon" right off the used car lot, make lots of promises, but fails to deliver. When you ask Darby to "make things right" then he refuses, backpeddals, and tries to "smooth talk" his way out of it. Shipping the evidence back to him, is not an option (FedEx told me to hold onto the items until a claim is filed by Darby Weaver, or until I receive a replacement from Darby Weaver). Darby Weaver (SunGard Higher Education) refuses to do either.

Darby wants the evidence shipped back to him (so that I'm left empty-handed with no proof, and no legal ground to stand on), and he has offered me $60 refund (out of the $115 that I paid, plus I have to pay the cost of shipping the damaged item back to him). So now I'm being robbed of $40+, in shipping costs alone, and I'm left empty handed. This doesn't seem like a "fair deal" or "fair bargain".

It's a contract, a legal and binding contract. Darby Weaver's "personal guarantee" has been nothing but smoke and mirrors. The words that come out of his mouth are meaningless, and worthless (without merit). Until Darby Weaver can step up to the plate, and take full responisiblity for the fraud, and deception... (and either pay for the repairs or replacement cost) then Darby Weaver (SunGard Higher Education) are nothing but "spinsters". A lot of talk, but very little action.

On a scale of 1 to 10 (10 being the best), I would have to rate this experience as a 1. The past month has been wretched, and Darby Weaver spends more time (and more money) trying to get out of "making things right" and screwing his customers, then it would even cost to ship out a replacement. It's as if he enjoys the "bad publicity" and if you attempt to "make it known" then he just gets angry, and tries to bombard everyone with "smoke and mirror" rebuttals.

The words that come out of Darby Weaver's mouth (SunGard Higher Education) are nothing but spinster talk. As a defrauded customer, I'm just asking that Darby Weaver (SunGard Higher Education) "makes things right". Stop with the fraud, stop with the "personal attacks" and just ship a replacement item ($79 + s/h), and once I receive the replacement, then I will gladly return the damaged items (as long as he sends me a prepaid return shipping label). I will gladly return the damaged items to Darby Weaver, but ONLY after he "makes things right". I'm not going to be left "empty handed" with no evidence and no legal recourse, simply because this spinster is a "Master of deception" and will attempt to trick you into shipping the evidence back to him, so that you are left with absolutely no evidence, and no legal recourse. Only a fool would do such a thing, and FedEx even told me NEVER to ship anything back to him.

They made it very clear that I must retain the damaged items, and the original packing material (for inspection), and AFTER the claim has been filed/paid, then the shipper will ship out a replacement, and then I can ship the old items back to the seller (as long as he covers the cost of the return shipping).

Darby Weaver's demands have been nothing but unreasonable, and no fool would accept a $40-$60 loss, plus be left empty handed (with no merchandise), and this is Darby Weaver's "guarantee" and "return policy".

Customer Service and Customer Care are not one of Darby Weaver's (SunGard Higher Education) strong points, and buyers should beware. When dealing with Darby Weaver (SunGard Higher Education) you are dealing with a "spinster" that will make empty promises, flagrant lies, and then leave you empty handed, or forced to take a personal financial loss (while he takes your money and runs). Taking my $115, plus taking another $100 from FedEx (from the insurance claim), and Darby Weaver (SunGard Higher Education) walks away with $215, while I'm left empty handed, and forced to take a $40 loss (the costs of shipping), plus I'm left with nothing (I've had to waste over a month dealing with Darby Weaver), and it clearly states on the FedEx website, that I am responsible for holding onto the damaged items, as well as all packing materials until AFTER the items have been inspected, and after the claim has been paid.

After the claim is paid, then the damaged property becomes the property of FedEx, and they can have the damaged items. I just want the items repaired or replaced with comparable like items, and I just want Darby Weaver to "make things right" and drop ship me a replacement, so that I'm not "out any money" and I've already take a full month of "loss of use" for an item that I have paid for in full, but never received (as described). Darby Weaver just drags his feet, and instead of acting in a timely manner, and shipping out a replacement (or filing a claim) immediately, he has waited over a month, and still refuses to take any action in "making things right". By asking me to send the evidence back to him, then I'm left empty-handed, and without any legal recourse. I have nothing to show a judge, nor can I take any legal action (criminal or civil) against Darby Weaver.

I was advised to hold onto all the evidence, and wait for a drop shipment (a replacement), and upon receiving the replacement, then I can ship the old one back to Darby Weaver. I should not be left "empty handed" or at the will of Darby Weaver, simply because he has defrauded me once, and only a fool would allow him to defraud you a second time (claiming that the shipment was not received, or items were missing, or him simply keeping the money, and keeping the merchandise, and then never issuing a refund, and then the seller is left without the money, and without any legal recourse or evidence of the crime).

Darby Weaver (SunGard Higher Education) is not a reputable person, or reputable company. Anyone that would treat their customers in this manner, or have such poor customer service, is not a company that I would recommend doing business with. Buyers beware, take your business elsewhere, and steer clear of Darby Weaver (SunGard Higher Education), and avoid at all costs!

There are other more reputable dealers out there, that will work quickly to file a claim (for any loss or damaged items), and will often drop ship out a replacement item (with a pre-paid shipping label covering the return shipping of the damaged items). Any real (and reputable) company would do such a thing, but NOT Darby Weaver (SunGard Higher Education). Customer service is unimportant, and customers do NOT "come first" and Darby does not put "customers first" and he will do everything he can to make it as difficult as possible, and even make it so that you have to pay OUT OF POCKET, or take a $40 financial loss, just to get a "partial refund" so you can be left empty-handed, and without any merchandise, plus take a $40 financial loss. That's Darby Weaver's "personal guarantee"! 100% screwed!

Again, buyers beware! Take your business elsewhere, and avoid this Darby Weaver (SunGard Higher Education) at all costs. There are more reputable dealers out there, and as the saying goes... you 'get what you pay for'. If the price seems too good to be true, then it probably is! Just a warning to others, don't let Darby Weaver (SunGard Higher Education) catch you in a snare. It's a trap, and it's better to just walk away from this seller. Avoid at all costs!

1. I offered Mark Malewski a 100% refund if he would return the item. - He declined.

2. Paypal offered Mark Malewski a 100% refund if he would send proof of shipment (a tracking number). He instead sent my tracking number to Paypal.

3. Fedex insures me for $100.00 for the item. They will pick the unit up and return it (in its entirety) to me. And then refund me (the insured) for $0.00 - $100.00.

4. If Mark Malewski used his own credit card, then he has even greater rights to a refund of his $115.00.


What else can anyone do for this guy?

This is the United States of America and anyone has a right to complain about mostly anything.

This guy won an ebay auction for a Cisco Router.

He paid for the router via Paypal (may or may not have used a credit card).

He reported the item was damaged.

Then he reported that he wanted to keep a part of it.

Then he later reported he thinks it is counterfeit.

Then he wants to keep the item.

The fact is that I guarantee the item. If it is not as it should be, I refund the person 100% no questions asked. Especially since Paypal will refund the buyer anyway. Hmmm... not much to argue with there.

But this guy is special. He contends that the seller should ship another item to him (the first one did not make it so great - why on earth would he want me to ship another fake/counterfeit item... think a little). In addition he wants the pieces of the first item that he would like to keep to be further warranteed for lsome months or so...

This has been my most interesting buy/sell story I've ever had on ebay. This guy is quite a charmer. Very stubborn and quite relentless.

I've taken the time to keep very good notes, including the original pictures, for the benefit of anyone ever having to buy/sell from this guy, Mark.

I guess it takes all kind of nuts to make a pie. This guy is quite the pie.

Here's my response:

I have offered the other party a full refund upon receipt of shipped goods (he claims they are damaged and pictures show them to be abolsutely worthless).

I have sent the other party information for Paypal on how to request this refund via a 3rd party (Paypal) who will ensure that items are sent/received and that money paid is refunded to buyer.

The buyer has taken this up with Paypal. I do expect the buyer will be kind enough to ship back all parts and pieces he took pictures of and yes I mean the NM-4E too. He did take a picture of its serial number.

I fully intend to video tape and inventory the returned items at the carrier. Just to keep us all honest.

Thanks Mark. This is all we had to do in the first place - less 40 emails.

Here's what happened on Squaretrade:

Transaction Date Item # Item Description eBay ID

Apr 7, 2008 120243753774 Cisco 3620 CCNA CCNP CCIE IPv6 12.3.16a NM-4E nextech3


eBay ID nextech3 stated the following issues and requested solutions:

Damaged merchandise.
Requested Solution: I would be willing to accept a full or partial refund. (104.00)
Requested Solution: I would like the other party's help to file a shipping insurance claim if possible.
Requested Solution: I would like to exchange the item for another one and would like the other party to pay for the return shipping.
Requested Solution: Other.

Received merchandise late.
Requested Solution: Other.

Merchandise different than described.
Requested Solution: I would be willing to accept a full or partial refund. (104.00)
Requested Solution: I would like to exchange the item for another one and would like the other party to pay for the return shipping.

Other.
Requested Solution: Other.

And provided these further details:
Item seems to have been damaged prior to shipping, box is not damaged, looks like fraud. Seller is unwilling to replace damaged merchandise or "make things right".

Dear Darby Weaver,

We are in the process of investigating the following claim:

Buyer's Name: Mark
Buyer's Email: mark.@comcast.net
Buyer's Transaction ID: 0WJ77031KV199

Transaction Date: Apr 7, 2008
Transaction Amount: -$115.00 USD
Your Transaction ID: 0WJ77031KV199072G
Case Number: PP-464-281XXXXX

Seller's Transaction ID: 3GY972982G04XXXXXXX


This claim has been reviewed and it has been determined that a full refund of the PayPal transaction (including shipping and handling) should be awarded to the buyer once the item, in its original condition, is returned to you. The buyer is responsible for shipping and handling costs related to returning the item to you.

You have provided the following shipping address:
My Address
United States

The buyer has 10 calendar days to provide proof of shipment for the item being returned. PayPal will issue a refund from your account once the we
can confirm that the item was shipped.

Thank you for your cooperation.

Sincerely,

Protection Services Department


Please do not reply to this email. This mailbox is not monitored and you will not receive a response. For assistance, log in to your PayPal account and click the Help link located in the top right corner of any page. If your inquiry is regarding a claim, log in to your PayPal account and go to the Resolution Center.

--------------

PayPal Email ID PP633

Editor,

Please note the inidivdual who posted this complaint (Mark from Lemont, Illinois) has posted it about SunGard and SunGard Higher Education.

This should be corrected at the earliest possible date. As SunGard and all of its brands might be inferred from the complaint title as listed. This is not the case. I have already sought legal counsel from our in-house legal department about this matter and have had this issue resolved with the BBB in this matter.

The purchase and sale was between two inidividuals over a $100.00 Cisco Router. The inidivuals were: Darby Weaver (Seller) and Mark Malewski (Buyer).

The sale was conducted as an Ebay Auction. The buyer has been given several oppurtunities to simply return the item and receive a 100% refund. These offerings have been in writing.

In addition, I (Darby Weaver - the Seller) recommened the buyer (Mark) to open a case with Paypal to act as an intermediary in this matter.

He has still chosen not to return the item and its components.

Mark believes he should be able to keep components from the item and not return the full item for refund.


I sold this item for $100.00 + $15.00 for shipping. I have a lot of time and energy dedicated to this item at this point. Very unnecessary. The item was shipped in good working order and then reportedly received as if it fell out of a window and yet the box was reportedly not damaged. Mark alleges that the item was damaged by packing peanuts and poor packing.

I offer a 100% refund - non-DOA is what I have listed on the auction, but really it is no-questions asked.

I know full well that a consumer can ask for a 100% refund from Paypal and receive it with little or no difficulty. I also know that a person can decline the charges on their credit card for mostly any reason as well.

Not in my interest to try and cheat anyone.

======================

However, you have a different issue that is at stake and that is using the Company SunGard's name instead of the person who sold the item - to wit, mine - Darby Weaver

Please call me at 407-802-7394.

SunGard is not involved in this matter.

I simply shipped an item from work as a matter of convenience.

I can send or fax the original item information while it is still available on Ebay so that you may see that the buyer is Mark and the seller is Darby Weaver and not SunGard.