#51  
Old 03-17-2011, 09:21 PM
Sandy Sandy is online now
Master Welder
 
Join Date: Jan 2004
Location: Northern Cal., Shasta County
Posts: 6,438
Re: everlast scam

The "within 30 days of purchase" is pure Everlast BS. Any court will rule that the 30 days does not necessarily begin with the receipt of customers payment but normally on the date the customer receives a working functional unit. The deal is consumated by the customer receiving a functional unit and the seller receiving due payment. If the customer takes possession of a product but choses not to verify it's functionallity for thirty days then the customer has consumated the deal by non action. If the seller receives payment but the customer has not yet received a working & functional unit then the deal is not complete and the thirty days cannot start.

In short no seller can string the customer out for thirty days then wave good bye. The transaction is not complete.
__________________
"The things that will destroy America are prosperity at any price, peace at any price, safety first instead of duty first, the love of soft living and the get rich quick theory of life." -Theodore Roosevelt
  #52  
Old 03-17-2011, 09:26 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by Sandy View Post
The "within 30 days of purchase" is pure Everlast BS. Any court will rule that the 30 days does not necessarily begin with the receipt of customers payment but normally on the date the customer receives a working functional unit. The deal is consumated by the customer receiving a functional unit and the seller receiving due payment. If the customer takes possession of a product but choses not to verify it's functionallity for thirty days then the customer has consumated the deal by non action. If the seller receives payment but the customer has not yet received a working & functional unit then the deal is not complete and the thirty days cannot start.

In short no seller can string the customer out for thirty days then wave good bye. The transaction is not complete.

sandy .. can u take time and at least READ everything ? let me recap for you

unit was paid 1 year ago ... ups trashed the first unit .. new unit was send shortly after. 30days from the day of costumer getting WORKING would of been over long time ago AND his unit STILL works but possible have a bad plasma torch
  #53  
Old 03-17-2011, 09:27 PM
tim7091 tim7091 is offline
WeldingWeb Journeyman
 
Join Date: Mar 2011
Location: western ma
Posts: 62
Re: everlast scam

One knows that if my check was no good EVERLAST would want there product back.their product was not good what's wrong with wanting my money back.I wish I was around in the wild west.when a man's word ment something.
  #54  
Old 03-17-2011, 09:36 PM
Sandy Sandy is online now
Master Welder
 
Join Date: Jan 2004
Location: Northern Cal., Shasta County
Posts: 6,438
Re: everlast scam

Quote:
Originally Posted by EVERLAST View Post
sandy .. can u take time and at least READ everything ? let me recap for you

unit was paid 1 year ago ... ups trashed the first unit .. new unit was send shortly after. 30days from the day of costumer getting WORKING would of been over long time ago AND his unit STILL works but possible have a bad plasma torch
UPS trashing a unit is not the customers problem. That's not up for discussion.
__________________
"The things that will destroy America are prosperity at any price, peace at any price, safety first instead of duty first, the love of soft living and the get rich quick theory of life." -Theodore Roosevelt
  #55  
Old 03-17-2011, 09:39 PM
Swamp rat Swamp rat is offline
WeldingWeb Tradesman
 
Join Date: Apr 2009
Location: La / Ga
Posts: 277
Re: everlast scam

Kinda seems like all the bad publicity and he said ,she said and still no working equipment - looks like the problem would be resolved in whatever way customer asked. Maybe all the comments and words dont mean much but one refund would have been A LOT cheaper than ruining any reputation that your company DID have. Seems like the 500-600 machines a month now may be history. All over one machine!
  #56  
Old 03-17-2011, 09:44 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by tim7091 View Post
One knows that if my check was no good EVERLAST would want there product back.their product was not good what's wrong with wanting my money back.I wish I was around in the wild west.when a man's word ment something.

Tim , Here is what Everlast can offer you ( this is offer from the start of the problem)

Will pay for shipping both ways on 1 year old unit to our service center
or
Ship you new plasma torch and 100$ worth of consumables for the troubles
or
Be honest with everybody and say you cant afford the welder for whatever reason and you need money

IF YOU WILL NOT TAKE ANY OF THIS 3 OPTIONS I WILL CONSIDER THAT UNIT IS WORKING FINE AND YOU WERE JUST BORED AT HOME AND DECIDED TO CREATE SOME DRAMA ON WW.

Last edited by EVERLAST; 03-17-2011 at 09:48 PM.
  #57  
Old 03-17-2011, 09:45 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by Sandy View Post
UPS trashing a unit is not the customers problem. That's not up for discussion.
you right ... UPS picked up the unit and we send him new one shortly
dont see you point Sandy
  #58  
Old 03-17-2011, 09:47 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by Swamp rat View Post
Kinda seems like all the bad publicity and he said ,she said and still no working equipment - looks like the problem would be resolved in whatever way customer asked. Maybe all the comments and words dont mean much but one refund would have been A LOT cheaper than ruining any reputation that your company DID have. Seems like the 500-600 machines a month now may be history. All over one machine!
Swamp

we cant give refund on ONE YEAR old unit .. warranty is valid and we offer to pay for shipping both ways
  #59  
Old 03-17-2011, 09:54 PM
Swamp rat Swamp rat is offline
WeldingWeb Tradesman
 
Join Date: Apr 2009
Location: La / Ga
Posts: 277
Re: everlast scam

Well sometimes rules have to be bent - how would it feel to have bought a car and due to warranty issues you cannt drive it for a Year . Doesnt someones time of use or Lack of mean anything. I know i'll receive a well thought rule or policy pertaining to this - but only my thoughts.
  #60  
Old 03-17-2011, 09:55 PM
Sandy Sandy is online now
Master Welder
 
Join Date: Jan 2004
Location: Northern Cal., Shasta County
Posts: 6,438
Re: everlast scam

Quote:
Originally Posted by EVERLAST View Post
sandy .. can u take time and at least READ everything ? let me recap for you

unit was paid 1 year ago ... ups trashed the first unit .. new unit was send shortly after. 30days from the day of costumer getting WORKING would of been over long time ago AND his unit STILL works but possible have a bad plasma torch
You keep wanting to somehow treat the "torch" as if it is separate from the unit. That is just not so from the consumer standpoint. If that "torch could function on its own while separated from the unit then it might be construed as a separate issue, but that is just not possible in this case. He purchased a functional unit of which the torch is but one component. The Unit includes the torch, a torch is included as part of the unit therefore if the torch is not functional the Unit is not functional. You cannot simply separate the power source from the torch. It requires both to function as advertized. ie., Still no functional unit.
__________________
"The things that will destroy America are prosperity at any price, peace at any price, safety first instead of duty first, the love of soft living and the get rich quick theory of life." -Theodore Roosevelt
  #61  
Old 03-17-2011, 09:57 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by Swamp rat View Post
Well sometimes rules have to be bent - how would it feel to have bought a car and due to warranty issues you cannt drive it for a Year . Doesnt someones time of use or Lack of mean anything. I know i'll receive a well thought rule or policy pertaining to this - but only my thoughts.
Swamp rat ... u missing a point

Tim's unit is working even now... possible issue with the torch. Do you think he had a broken unit for a year ? That is not the case
  #62  
Old 03-17-2011, 09:59 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by Sandy View Post
You keep wanting to somehow treat the "torch" as if it is separate from the unit. That is just not so from the consumer standpoint. If that "torch could function on its own while separated from the unit then it might be construed as a separate issue, but that is just not possible in this case. He purchased a functional unit of which the torch is but one component. The Unit includes the torch, a torch is included as part of the unit therefore if the torch is not functional the Unit is not functional. You cannot simply separate the power source from the torch. It requires both to function as advertized. ie., Still no functional unit.

Sandy, his issue with the torch started this week. I think he called mark on Monday or late lost week. We have no problem sending him new torch, Mark also told him to check the swirl ring.
  #63  
Old 03-17-2011, 10:03 PM
Scott Young Scott Young is online now
WeldingWeb Craftsman
 
Join Date: Jan 2006
Posts: 1,572
Re: everlast scam

If you buy a car and the starter is not working the car will not work. The power plant may be fine, but you can't use the car till the starter is fixed. A welder that is sent with a bad torch is no different than a welder sent with a bad board. It doesn't work, it doesn't work, it doesn't work. No matter how you try to spin this, it doesn't work!!!

Oleg, I give you credit for being industrious to learn a new language and start a business, but you need some business classes. Your business model is faulty. You are trying to keep from being cheated, but you are in the process cutting your own throat.
  #64  
Old 03-17-2011, 10:07 PM
Thumper99 Thumper99 is offline
WeldingWeb Apprentice
 
Join Date: Sep 2006
Location: Ann Arbor, MI
Posts: 46
Re: everlast scam

Quote:
Originally Posted by EVERLAST
Ship you new plasma torch and 100$ worth of consumables for the troubles
Sounds like a pretty good deal to me, if that is indeed the problem.
__________________
Hobart Handler 140
Everlast PowerMTS 200S
Hypertherm Powermax30
  #65  
Old 03-17-2011, 10:08 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by Scott Young View Post
If you buy a car and the starter is not working the car will not work. The power plant may be fine, but you can't use the car till the starter is fixed. A welder that is sent with a bad torch is no different than a welder sent with a bad board. It doesn't work, it doesn't work, it doesn't work. No matter how you try to spin this, it doesn't work!!!

Oleg, I give you credit for being industrious to learn a new language and start a business, but you need some business classes. Your business model is faulty. You are trying to keep from being cheated, but you are in the process cutting your own throat.
Scott,

unit was send with WORKING torch long time ago , his torch problem started recently
no more then 3-4 days ago. Its pure warranty which we don't mind doing
  #66  
Old 03-17-2011, 10:24 PM
tim7091 tim7091 is offline
WeldingWeb Journeyman
 
Join Date: Mar 2011
Location: western ma
Posts: 62
Re: everlast scam

Boy oleg is so smart.no I don't need the money.if I had a refund I would buy a unit from someone that can produce one that works.don't forget about the second unit that blew sparks out the bottom the first time used.last week was the first time I tried the plasma cutter.guess what no dice failure.but its my fault again.that's alright I will be sure to keep telling .people about how EVERLAST does business.I'm sure over time this will cost u a lot more than it cost me.people can see right threw u.you should hear how he talks to his customers over the phone.
  #67  
Old 03-17-2011, 10:29 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by tim7091 View Post
Boy oleg is so smart.no I don't need the money.if I had a refund I would buy a unit from someone that can produce one that works.don't forget about the second unit that blew sparks out the bottom the first time used.last week was the first time I tried the plasma cutter.guess what no dice failure.but its my fault again.that's alright I will be sure to keep telling .people about how EVERLAST does business.I'm sure over time this will cost u a lot more than it cost me.people can see right threw u.you should hear how he talks to his customers over the phone.
Tim , Here is what Everlast can offer you ( this is offer from the start of the problem)

Will pay for shipping both ways on 1 year old unit to our service center
or
Ship you new plasma torch and 100$ worth of consumables for the troubles
or
Be honest with everybody and say you cant afford the welder for whatever reason and you need money

IF YOU WILL NOT TAKE ANY OF THIS 3 OPTIONS I WILL CONSIDER THAT UNIT IS WORKING FINE AND YOU WERE JUST BORED AT HOME AND DECIDED TO CREATE SOME DRAMA ON WW.

You talked to Mark not me
have a good night

Last edited by EVERLAST; 03-17-2011 at 10:39 PM.
  #68  
Old 03-17-2011, 10:49 PM
ship-craft's Avatar
ship-craft ship-craft is offline
Solderer
 
Join Date: Mar 2011
Location: Mountain Home Arkansas
Posts: 5
Re: everlast scam

Quote:
Originally Posted by EVERLAST View Post
Scott,

unit was send with WORKING torch long time ago , his torch problem started recently
no more then 3-4 days ago. Its pure warranty which we don't mind doing
Oleg:

I tried to get Tim to sell me his unit. I PM-ed him I even posted in many threads but no reply. You even posted on WW that you would extend to me the warranty which made this as good as a new unit in my mind. So if he needed the money why not sell it to me. I did not care if the unit was not working I knew I could fix it I worked maintenance in a large welding shop for many years and worked on all the big 3 Red,Blue and Yellow. So I have no choice but to think there is some other reason for all the drama. But I will not even try to understand all the things that go through peoples minds. Oleg I will call you Monday to order my next welder I like the units it must be the green ( I am Irish ).

P.S. Not even RED BLUE and YELLOW are perfect ( OOOOOO the stories I could tell )
__________________
Esab Migmaster 250
Everlast PowerPlasma 50
Miller Dynasty 200 DX TIG
CNC Express SQ Mill
CNC Lathe 1236
48" Pan & Box Brake
50" Slip Roll
English Wheel
Bead Roller
Planishing Hammer
60" Hand Brake
7" x 12" Bandsaw
  #69  
Old 03-17-2011, 10:57 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by
;487417
Oleg:

I tried to get Tim to sell me his unit. I PM-ed him I even posted in many threads but no reply. You even posted on WW that you would extend to me the warranty which made this as good as a new unit in my mind. So if he needed the money why not sell it to me. I did not care if the unit was not working I knew I could fix it I worked maintenance in a large welding shop for many years and worked on all the big 3 Red,Blue and Yellow. So I have no choice but to think there is some other reason for all the drama. But I will not even try to understand all the things that go through peoples minds. Oleg I will call you Monday to order my next welder I like the units it must be the green ( I am Irish ).

P.S. Not even RED BLUE and YELLOW are perfect ( OOOOOO the stories I could tell )
ship-craft

thank you for support .. i honestly think his unit is working fine.
not sure what his REAL agenda is !

"OOOOOO the stories I could tell" DON'T EVEN THINK ABOUT IT ON WW OR ELSE !

GOOD NIGHT WW !
  #70  
Old 03-17-2011, 10:58 PM
Swamp rat Swamp rat is offline
WeldingWeb Tradesman
 
Join Date: Apr 2009
Location: La / Ga
Posts: 277
Re: everlast scam

Suckers born everyday!
  #71  
Old 03-17-2011, 11:01 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by Swamp rat View Post
Suckers born everyday!
Good nigh Swamp !!!
  #72  
Old 03-17-2011, 11:06 PM
Scott Young Scott Young is online now
WeldingWeb Craftsman
 
Join Date: Jan 2006
Posts: 1,572
Re: everlast scam

tim, was the torch working when you recieved it? if it wasn't why have you waited so long to replace it?

I am backing out of this one. Oleg, I would seriously looking into revising your policies some so you can begin to eliminate some of the bad press.
  #73  
Old 03-17-2011, 11:12 PM
EVERLAST's Avatar
EVERLAST EVERLAST is offline
WeldingWeb Foreman
 
Join Date: Jan 2008
Location: Cal-i-forn-i-a like Swarzenegger
Posts: 594
Re: everlast scam

Quote:
Originally Posted by Scott Young View Post
tim, was the torch working when you recieved it? if it wasn't why have you waited so long to replace it?

I am backing out of this one. Oleg, I would seriously looking into revising your policies some so you can begin to eliminate some of the bad press.

Scott , i send you PM
  #74  
Old 03-17-2011, 11:44 PM
tim7091 tim7091 is offline
WeldingWeb Journeyman
 
Join Date: Mar 2011
Location: western ma
Posts: 62
Re: everlast scam

Didnt try it till last week.it work for about 60 seconds.ill ask this question why can't oleg refund my money take the unit back wholesale the unit to his budy.I don't lose he don't lose its over.I don't want to deal with EVERLAST last anymore.if I keep this unit I have to deal with this shady operation as long as I have the unit.should have never should my airco dipak 160.I've Ben RIPED off before I refuse to let low life take advantage of me I will do anything in my power stop EVERLAST from gettin over on anyone else.
  #75  
Old 03-18-2011, 12:03 AM
Tensaiteki's Avatar
Tensaiteki Tensaiteki is online now
Moderator
 
Join Date: Jul 2006
Location: Texas
Posts: 570
Re: everlast scam

Aww cripes, I step away to go see a movie and the friggin' thread blows up....

Ok, how about this everyone?

Why don't we all just step away from this thread for, say, 24 hours? Lets everyone calm down and think about things for a bit, and we can try to resume this discussion/negotiations at a later date.

(I could lock the thread to enforce this, but I think we're all adults here, and I don't want to go using my mod powers to impose my personal will.)
__________________
Visit Tensaiteki.com
Closed Thread

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -4. The time now is 08:23 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2013, vBulletin Solutions, Inc.
Copyright ©2000 - 2013, Penton Media, Inc. All rights reserved.