A sad experience with KD0PD Jerry Wells

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S. M. Douaihy
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Joined: Sun Aug 23, 2009 2:56 am

A sad experience with KD0PD Jerry Wells

Post by S. M. Douaihy » Sun Aug 23, 2009 3:24 am

Just had an unfortunate experience with KD0PD, Jerry Wells. Bought an amplifier from him based on his ad on QTH.com. The amplifier was a Harris AM-7223, described in the ad as “Excellent, Auto Tune, Complete, the EIMAC 3CX800A7 in it is in excellent condition, output is perfect, Cosmetics are excellent. . . and Complete Operators and Service manuals will be included. . .” I liked the amplifier based on the representations in the ad, and because of the reputation of the Company who built it. KD0PD, Mr. Wells, was responsible for shipping and insurance cha
On August 14 I received a 91 lbs box from KD0PD. In it was the Harris amplifier I bought and paid for a week earlier. To my astonishment, the amplifier was inoperative. It had Missing Front Air Grille, Butchered Power Cord, offensive looking Cosmetics, No Tuning capabilities of any kind, Output imperfect, in fact there was no output of any kind, no EIMAC TUBE, in fact the tube in it was corroded, dirty and DEAD!. . . and NO Operators or Service manuals, but Sales leaflets from Harris.

Because there was no visible signs of any shipping damage, nor could the deficiencies be attributed to shipping problems to any extent, I asked to be refunded the purchase money based on misrepresentation. Mr. Wells, KD0PD, refused of course, and went on to blame the shipper for all the deficiencies I found. He further wanted to force the issue by having the shipper retrieve the box from me, while he keeps the money, leaving me with no recourse but holding the bag alone. When I refused to be part of this baseless and fraudulent scheme, he told me to get lost./

I don’t know if Jerry Wells, KD0PD, realizes his legal and ethical obligations in this transaction, or he is simply blinded by greed. But I know one thing for sure that he did not deliver what he represented and got money for, and refused to make any adjustments. I also know that filing a fraudulent claim with the shipper, and telling to go "PO" when I refused to participate with him are not the characteristics of an honorable man.

kd0pd

Reply:

Post by kd0pd » Sun Aug 23, 2009 1:00 pm

This is the same "old story" many have experenced. Seller states that unit was exactly as represented. Unit was thourally checked prior shipping to buyer and found to be in excellent operating order. It appears buyer mis-represents recieved unit vastly. Buyer refuses to cooperate in any way what-so-ever and buyer will not allow Fed EX to appropiately inspect package or unit for possible shipping damage. Instead, buyer demands a full refund immediately and afterward Seller to make arrangements for pickup re-packaging, return shipping, etc. Also, at sellers expense. Seller had previously paid for professional packaging, shipping and buyer requested insurance coverage. At this point seller has not refused a full refund but feels the buyer is unreasonable. What would you do? Suggestions appreciated.
Regards,
Jerry Wells kd0pd@comcast.net

lhk0pd
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Post by lhk0pd » Sun Aug 23, 2009 3:39 pm

The buyer should let FED X examine the package and the only time i had to do such a thing and it was a few yrs ago and with UPS they offered to send a inspector to my house and examine the package.They also told me if they took package in for insurance claim it could be months before it was settled.
I at this time if i were you and in actuality if i understand it correctly your the insurer and would recieve the damage claim,so i would contact the buyer and notify him your having FED X come and examine and take the package and to make sure it is as he recieved it packaging and all and if you did not misrepresent the Package just refund his money and hope FED X rules in your favor. This is of course assuming i know what i'm talking about.
Larry Huff K0pd

N9LCD
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Post by N9LCD » Sun Aug 23, 2009 3:42 pm

Jerry:

As a seller, I had a similar experience with "concealed damage" on an AVcom signal display unit shipped by FedEx. The damage in my case was real. Even though packed in the factory shipping carton, the lead on a TO-5 style voltage regulator broke from rough handling compounded by faulty assembly.

My buyer sent me pictures of the display on the defective unit. That helped the manufacturer and me determine that the unit was actually defective.

Ask your buyer for pictures of the unit in question, including the nameplate and serial number data. Also request photos of the interior of the unit and any unusual or possibly identifying marks.

Review the photos and determine if that's the unit you shipped.

Talk to the people who packed the unit for you. Maybe they have records of the serial number, condition, etc.

Next time, take photos of the unit before it's packed AND after it's packed but before the carton is sealed. Or, at least record the serial number and other pertinent data.

DON'T PANIC! IF THIS WAS REAL LIFE AND THE BUYER TOOK YOU TO COURT, HE WOULD HAVE TO PROVE BEYOND A REASONABLE DOUBT THAT YOU SHIPPED A PIECE OF JUNK. CAN HE?

Please contact me directly for more information. I have a suspicion of what's going on.

JERRY

N9LCD

K4ICL
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Let's get down to the nitty-gritty...

Post by K4ICL » Sun Aug 23, 2009 4:59 pm

OK, here is a Harris HF Auto Tune Amplifier For Sale. The Model Number is AM-7223. The PA uses a single Eimac 3CX800A7 ceremic tube and it is complete with the build in power supply. The 3CX800A7 is in excellent condition and output is perfect. It requires only 75 watts of drive to full output. Cosmetics are excellent and it is very resonably priced for a quick sale at $650 shipped via Federal Express US Ground. A complete operators and service manual is included with the sale. Thanks for looking at my ad. Pictures available by request of serious buyers.
Jerry: Is this a valid quotation of the ad you posted on QTH.com Classified? If yes, here are some questions.

Was the amp you sent complete, like your ad says? Does this mean everything provided by the manufacturer when originally sold was sent to the buyer?

What did you mean when you said the cosmetics "are excellent" and the amp is in "excellent condition"? What is your definition of the word "excellent" as applied to the condition of electronic equipment? To most it means near new, flawless, unmodified, not abused, BETTER than VERY GOOD; on a scale of 10 at least a 9. Is this the true description of the amp you sent?

What did you mean when you said the "output was perfect? Does this mean you properly tested the amp's output and it's power output was normal on all bands, spurious transmissions were checked, etc.?

You said a "complete operator's and service manual" is included with the sale. Did you send a complete operator's and service manual with the unit?

Did you send the amp with the EIMAC tube you said was in "excellent" condition? I am wondering why the buyer said "no Eimac".

AL
Last edited by K4ICL on Sun Aug 23, 2009 6:09 pm, edited 1 time in total.

ab7r
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Reasonable doubt?

Post by ab7r » Sun Aug 23, 2009 5:42 pm

DON'T PANIC! IF THIS WAS REAL LIFE AND THE BUYER TOOK YOU TO COURT, HE WOULD HAVE TO PROVE BEYOND A REASONABLE DOUBT THAT YOU SHIPPED A PIECE OF JUNK. CAN HE?


Not true. That is in a criminal court. This would come under civil court and the burden of proof only has to tip the scales showing that one side is more likely than the other.

IF...and that's a big IF....they buyers claims are true he could have a case but he should still allow FEDEX to inspect the damage and allow the process to run its course.

Good luck both!

73
Greg
AB7R

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Post by W4LTD » Sun Aug 23, 2009 6:14 pm

As a shipper with FedEx for a few years (in a business environment), you're lucky it wasn't UPS or USPS. FedEx is quicker on their claims and they seem to be more "fair". What [should] happen in this case is that FedEx will come to pick-up the package from the recipient, or buyer, and then inspect it. As the seller, you should refund the buyer's money only after they notify you that it is in their possession, less shipping charges. FedEx in turn will refund the money to the seller upon determination that the damage was indeed their fault. If the damage was due to poor packaging, then this opens up a whole new can of worms as to the liability of the "shipping store" where it was packaged. Best of luck to both of you.

kd0pd

Post by kd0pd » Sun Aug 23, 2009 8:04 pm

OK and thanks much to Al, Jerry, Greg & Larry for your suggestions. I'm already on the same line with you all. Been there and done that one other time years ago.
I explained to the buyer Fed Ex Policies and Procedures. I'm told by Fed Ex that normally Fed Ex has a driver pickup possible damaged items and sent them to and inspection facility to be properly inspected. Drivers don't actually make any decisions in the field other than pickup and delivery, right? The buyers reply to this was that this was my problem, not his and the amp would not leave his premises regardless. Simply stated, he will would not and will not cooperate what-so-ever
Jerry, I also have my thoughts on what's really going on there as well. I believe I've done everything you all suggested except take pictures before it was shipped to the buyer. Didn't dawn on me at that time. I did offer to file a damage claim for inspection and if approved, I would immediately advise Fed Ex to pay the buyer direct in order to save time. If otherwise, they should return it to him and I would make a settlement with the buyer after the inspection process was completed. Al, I also explained to the buyer that I had voluntarily purchased at my expense insurance coverage in the amount of $700 and only if approved, the buyer could have the extra $100 above the purchase price of $600. Greg, I agree with you 100%, thanks for your input.. Again, what can I do. The buyer has my hands tied behind my back.
AL,
Yes, the amp was complete and accurately discribed. I enclosed the original factory bound manual with the amp and offered to send and additional 360 page manual of operations and maintainence. He said he had them and didn't want them afterword. The model and serial number are on a riveted factory plate in the exterior right side with a reference in the manual but he couldn't find the plate. ??? The power cord was nice but had been replaced before I send it and was not butchered. The tube was the original 3CX800A7 and showed no signs of fault what-so-ever. I used it for approximately 3 years and output was approximately 700 watts with 75 watts of drive as per factory specifications. The tube was absolutely intack and you can see it the minute you remove the 2 1/4 turn lid screws. He worded his complaint to infer only "NO TUBE". It was there and I'm sure he will admit that. You know me better than that AL. Again what can I do? Enough of this for now. Thanks to all again.
73's,
Jerry Wells kd0pd

lhk0pd
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Post by lhk0pd » Sun Aug 23, 2009 10:14 pm

Jerry it sounds like you've done all that you could considering the circumstances .If the buyer is unwilling to co-operate then i'd let his move be next and go from there. It's been a while but i broke in on your group on 75 one evening if i'm not to mixed up and recall a couple of guys thinking with my call that it was sort of funny do you remember?
Larry Huff K0pd

kd0pd

Reply:

Post by kd0pd » Mon Aug 24, 2009 12:20 am

Larry,
Yes, I remember. It's been a while but thanks again for your input. And yes again. I got totally frustrated with this guy and finally told him to PO. I suppose I'll have to do it again. I'd bet he has and amplifier that's works great and now he's afraid to use it.
Sincerely,
Jerry

NY7Q
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Location: DENVER, CO

Jerry Wells

Post by NY7Q » Thu Aug 27, 2009 2:53 pm

I have difficulty with this accusation. Jerrry is the kinda guy that would give you the shirt off his back.
He' s not perfect, but is a hell of a guy as a friend.
Ask anyone in Colorado, they'll tell you the truth.
CW TODAY, TOMORROW, AND FOREVER.

kd0pd

Reply:

Post by kd0pd » Thu Aug 27, 2009 7:29 pm

Larry,
Thank you very much, I'm gonna kiss you the very next time I see you. :oops:
Jerry

k5xit
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Kiss Jerry?

Post by k5xit » Thu Sep 03, 2009 2:50 pm

I saw the Harris amp and have heard it onthe air. Looked Ok to me and worked fine. I for sure would not want Jerry to kiss me. I will buy from him but kiss, no thanks.

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K4TEC
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Stroke?

Post by K4TEC » Wed Dec 14, 2011 2:14 pm

Question,
Jerry have you just had a stroke?
I ask as I see your callsign being used on eBay to list a suspect Icom IC-775DSP

"Used Icom 775 DSP. It needs work, "Sold As Is". Serial Number 01214. Fell off my bench, may work or may not. Haven't pluged it in to find out. Your gain maybe my losse. I'd guess the damage is slight and repairable but I'm tired of it. Beside that, I had a stroke July 20th, 2011. Can't talk and can't walk or repair anymore."

Curious to know?

larrylanberg
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Re: Stroke?

Post by larrylanberg » Wed Dec 14, 2011 8:08 pm

Let me help you Martyn:

Question, Jerry: Did you just have a stroke? I see that your callsign's being used on eBay to list a suspect Icom IC-775DSP

"Used Icom 775 DSP. It needs work, 'Sold As Is', Serial Number 01214. Fell off my bench, may work or may not. Haven't pluged it in to find out. Your gain maybe my losse. I'd guess the damage is slight and repairable but I'm tired of it. Beside that, I had a stroke July 20th, 2011. Can't talk and can't walk or repair anymore."

Curious to know.

w7apm
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Post by w7apm » Wed Dec 14, 2011 9:07 pm

Who is the accuser??? Shouldn't an Accuser have to Identify who they are?
S. M. Douaihy??? That could be made up. Not a legitimate complaint if they won't identify thenselves.
This post should be removed.

K9XR
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Bad, Bad Posters

Post by K9XR » Wed Dec 14, 2011 10:52 pm

Yes that is a bad thing. It is almost as bad a guy who uses two calls on the same forum. BTW the original post is well over two years old.


w7apm wrote:Who is the accuser??? Shouldn't an Accuser have to Identify who they are?
S. M. Douaihy??? That could be made up. Not a legitimate complaint if they won't identify thenselves.
This post should be removed.

NY7Q
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Joined: Tue Aug 25, 2009 12:40 am
Location: DENVER, CO

KD0PD

Post by NY7Q » Sat Dec 24, 2011 2:52 am

AFTER TWO YEARS OF PROMISES, STILL NO KISS...
JERRY, NOT IN MY LIFE TIME.
CW TODAY, TOMORROW, AND FOREVER.

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