Unhappy with transaction - Advice sought ***RESOLVED***

Bryan J

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INTRO

Let me preface by stating outright that it is not my intent to malign the member who sold me this knife--nor is it my intent to accuse him of any intentional wrongdoing. I am, however, going to criticize what I believe to be his negligence and carelessness in conducting this transaction. In making my case and asking fellow members for their advice, I will attempt to present an objective, accurate account before entertaining a discussion about whether or not it's fair to request a transaction reversal. Since the member who sold me the knife has initially indicated a willingness to "work things out", his identity will remain secret. However, since I'm leaning toward asking for my money back, my fear is that things will devolve into gridlock disagreement.


BACKGROUND ON THE ZT0500

The knife at the center of controversy here is the Zero Tolerance 0500, also known as the "MUDD folder". For those not familiar with this particular model, it was designed for ZT by Grant and Gavin Hawk as the ultimate "hard use folder". It is unique not only because of its industrial aesthetics, but for the fact that the pivot and locking mechanisms are literally impervious to dirt or mud. This feat was achieved by sealing the entire housing holding the pivot and locking mechanism with neoprene and rubber. Because of the difficulties involved in manufacturing this complex sealing system, ZT later discontinued the knife, and it's price on the market went from about $100-$110 to about $140-$150.


THE PURCHASE

I came across a member on the exchange forums who was trading a "new in box" ZT0500. I emailed the member asking him to confirm that the knife was in fact "new in box", telling him that if it was I would like to buy it outright. He confirmed this to be the case and I obliged, sending payment via PayPal. The salient facts I wish to highlight here are 1) that he listed the knife as "new in box" in his post, 2) that he confirmed it's condition as "new in box" via email, and 3) that I honored my half of the transaction by paying him for the knife.


THE PROBLEM

Plainly stated, my claim is that this transaction was completely unfair to me because the knife sent was not "new in box" as described.

The knife arrived at my home in short order, and while I was appreciative of the quick ship, my heart sank when I saw how the knife was packaged. Apparently the seller simply placed the knife in it's Zero Tolerance box and then stuffed that box into an empty cardboard USPS envelope (no bubble wrap, packing paper, etc).



As an aside, I'm curious to hear others' opinions about this method of packaging. As a knife collector I prefer to keep my Benchmade, Spyderco, ZT, etc. boxes clean and undamaged. I feel it adds value to a knife to also have its original box in good shape. It stands to reason that, all things being equal, most people would prefer having a new looking box over a beat up box when buying a "new in box" knife from somebody. If any of you purchased a knife from me, I wouldn't dream of shipping it in a flimsy cardboard envelope. To me, it's sort of disrespectful, bordering on insulting. But I understand that different people may have different views about this. I'm wondering how other members would feel if their newly-purchased "new in box" knife arrived this way?

In any case, it's really not that big a deal that the box was crumpled around the edges during shipping due to poor packaging. After all, it's just a box. The reason I mention the packaging is to convey what my state of mind at the time. That is, my aggravation and disappointment with the packaging served to place me on high alert over the condition of the knife inside. Needless to say, I was anxious to check it out. The reason this point is important is because the seller later suggested that I may have damaged the knife through use. But put yourself in my state of mind after seeing the careless packaging--I almost immediately anticipated a problem and as such was looking for signs of damage from the very beginning. Unfortunately, I found them in spades.

The first thing I noticed when I opened the knife and held it against a lit background was that the very tip of the blade was chipped off (see arrow 2 in pic).



Furthermore, there was a section leading up to the tip (from arrow 1 to arrow 2 in pic) where the grind on the blade was smoothened and polished, as if sharpened or otherwise run over something metal. Not the biggest deal in the world, but certainly not what one wants to see on a "new in box" knife.

Next I noticed the rubber gasket which seals the edges around the ram lock switch was damaged. Specifically, it was ripped in three different places: one rip directly above the sliding switch (arrow 3), a much larger rip directly below the switch (arrow 4), and a rip in the groove where the rubber attaches to the handle itself (arrow 5, hard to see). You can also see a white mark on the switch itself (2nd pic, no arrow) where the black paint is chipped away. Definitely not "new in box" condition.



Finally, check out the neoprene rings that seal the pivot area and ram lock from dirt entering the housing. In the pic below, compare the ring on the left to the analogous ring on the right. Arrows point to areas where the seal has completely separated from the side of the handle frame. Look carefully at the area the middle arrow is pointing to. That bronze color you see is actually the pivot washer. You can see right into the center of housing! The seal is useless.




I ALERT THE SELLER

Once again, my claim is that this knife is not "new in box" as the seller represented. I immediately emailed the seller with my concerns along with these pictures (and by immediately I mean same day, within about 20 minutes of opening the cardboard envelope).

Here's the email correspondence (mine are red, the seller is in blue):

I received the knife today and really appreciate the quick ship. However, I do have a problem with the transaction in that I don't feel the knife is in the condition you stated. If you recall, you indicated that the knife was "NIB". Yet the tip of the blade is chipped off and the rubber surrounding the ram lock switch is ripped apart in two different places (both above and below the switch). There are also various chips in the black paint that suggest this knife was used a bit. Is it possible that you have two of this model and sent me the wrong one by mistake?

I only had one.
It was purchased new and never used.
I opened it and closed it a few times when I first got it and then put it into storage.
It was shipped NIB with papers.
was the packing in good condition upon your receipt?


The wear I see is not the result of the poor packaging. I've attached a few pictures of the knife you shipped. Can we at least agree that this knife is not in "new in box" condition?

What is your name on the forums?

My username is "Bryan J".


Which forums?


I originally saw your post on bladeforums.com and contacted you from there. Are we in agreement about the condition of the knife?

I do not agree with you. The blade was in the condition that I had stated.
I don't recall any trouble with the gasketing but maybe it was dry when I got it and tore a bit when you used it.
ZT stands behind their products and will undoubtedlt replace the gasketing, which if you look in their manual, should be replaced periodically.
I am trying to see it from your perspective. I'm going to give this further thought.
I will be available on Monday. Let's talk then and work this out.


Please don't insinuate that I'm lying or that I damaged the knife. I did no such ting. What you see in the pictures is what you sent me. Now I'm not accusing you of *intentionally* misrepresenting the condition of the knife, but you did in fact misrepresent it. That much is clear. I acted as quickly and responsibly as I could. Within 15 minutes of discovering that the knife was misrepresented, I contacted you. I've even sent you pictures: a picture of the blade with arrows indicating the defects and pics of the rubber which is ripped in two places. I've indicated the part of the switch where the paint is chipped off. There's really nothing more I can do. I'm the one holding the short end of the stick here.

I stand by my original remarks Bryan.

ZT will replace the gasketing for you at no charge. I will call them on Monday and then we'll talk again.



Now, the first thing I want to drive home here is that this was a contract that involved an exchange of $130 for a "new in box" Zero Tolerance 0500. Clearly I have honored my obligation and clearly I did not get a knife that was in "new in box" condition. I did not even get a knife that was "like new in box". I received a knife that is damaged in three different, independent places. I tried to contact him immediately so as to avoid any charges that I was responsible for the damage, but as you see from the email exchange he is suggesting that I am responsible.

My intention was not to buy a knife that I need to ship off to Zero Tolerance for 4-6 weeks hoping they restore it to "new in box" condition. I really don't think it is fair to expect that of me given what the contract was. Plus, if I'm reading ZT's warranty policy correctly, it only applies to the original purchaser of the knife. I simply do not wish to deal with all that. So I'm leaning toward asking for a full refund here. But I don't wish to be pushy or unfair about it. I'm not taking this personally and I have no ill will toward the seller. I'm assuming he simply made a careless mistake by not understanding the condition of the knife in the first place. Am I being fair here?
 
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A transaction isn't complete until/unless both sides are happy. Tell him you want to return it for the $130.00 and no hard feelings. If he refuses then open a paypal dispute and let us know who he is so this sort of thing doesn't happen to another member. Better yet, let us know anyway so this doesn't happen to another member.

-Tye
 
The seller should've noticed the imperfections and damage and listed them in his description, or had them repaired himself before selling the knife. Even then it would not be considered NIB. Not only that, he was negligent in his shipping practices. Any knife should never be sent in a flimsy document envelope, especially with no padding at all. It has been shown on these forums in the past that it is far to easy for knives to be lost or stolen from these packages.

The seller owes you a refund and you should return the knife. He should also pay the shipping for you to do so, since his negligence caused this deal to go south.

You should name the member so that people will not end up in a similar situation with him.
 
I agree with Karda. There is no excuse for shipping a knife without inspecting it carefully to see that it matches the description offered. When I saw the model you were talking about, I picked mine up and inspected it alongside your pictures, just reflex to do that.

There is no excuse for shipping a knife in substandard packaging, either. We have had a couple of recent disasters from that practice.

Let's see what he can do talking to Kershaw and perhaps calming down tomorrow.
 
Like others said, if you're not happy, don't accept it. That being said, I have some information for you.

Furthermore, there was a section leading up to the tip (from arrow 1 to arrow 2 in pic) where the grind on the blade was smoothened and polished, as if sharpened or otherwise run over something metal. Not the biggest deal in the world, but certainly not what one wants to see on a "new in box" knife.

That's just a standard Kershaw/Zt edge; they buff it at a higher angle than the whole bevel, I'll put up some pics if you'd like.

The first thing I noticed when I opened the knife and held it against a lit background was that the very tip of the blade was chipped off (see arrow 2 in pic).

Looks perfectly fine to me, doesn't look like there is a chip at all.

My intention was not to buy a knife that I need to ship off to Zero Tolerance for 4-6 weeks hoping they restore it to "new in box" condition. I really don't think it is fair to expect that of me given what the contract was. Plus, if I'm reading ZT's warranty policy correctly, it only applies to the original purchaser of the knife. I simply do not wish to deal with all that. So I'm leaning toward asking for a full refund here. But I don't wish to be pushy or unfair about it. I'm not taking this personally and I have no ill will toward the seller. I'm assuming he simply made a careless mistake by not understanding the condition of the knife in the first place. Am I being fair here?

Kershaw's CS is the best in the business period. If you think there is something wrong with it at all, they will fix or replace it regardless of whether you're the original owner or not.



I can say from the wear on the gasket that the knife has been played with, but is in no way from my perspective damaged irreparably.

Again, if both sides aren't happy, the deal isn't complete.

It would be much easier to ship it to Kershaw (which takes $5 and 3 weeks total) than go through a bunch of shenanigans.


Also, I agree the packaging was sub par and that he should have made you FULLY aware of its condition.

That's my stance.
 
That's just a standard Kershaw/Zt edge; they buff it at a higher angle than the whole bevel, I'll put up some pics if you'd like.

The edge on mine is crisp and uniform from tip to choil.
 
NIB= New In Box= unused, uncarried, un-played with condition = you got a knife, opened it, LOOKED at it, put it back into the box and put it aside to be sold. Not opened it, not flicked it or sliced paper or spine tapped or stuck in your pocket for a day. in factory condition. If the seller ever opened the knife, even once, sliced even one piece of paper, or did anything that would mar the "from the factory" condition, the knife is not New In Box. It becomes LNIB and the price should reflect that.

"Mint" and "NIB" should be used rarely, if ever, when someone sells production knives on the secondary market because i hightly doubt that when a knife knut gets a new knife they don't "play" with it, even a little.

If i list a NIB knife, the chances it ever actually left its box are slim.
 
Taking all of the pics into account, the knife does not appear to be NIB at all. What would make me even unhappier is how the seller shifted the responsibility onto you to have the NIB knife repaired.

On top of it all the knife was shipped in the incorrect shipper and there have been way too many problems from using that envelope to ship a heavy duty knife in.

Taking all of that out of the equation, you are not happy with the purchase and should be refunded the money you are out, as well as return shipping because the knife was misrepresented as NIB.


I hope you get this resolved to your satisfaction.
 
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If you are not happy, send it back right away. Don't listen to anything else from the seller, just return it and be done with it.
 
Thanks to everyone for the feedback.

Regarding the blade tip (Heiheit's comment), I have a ZT200, ZT300, and ZT301 and don't see anything odd about the blades. All three come to a sharp point, whereas the ZT0500 does not. It is not, in my opinion, normal; but to be honest it if that were the only thing wrong with the knife, I wouldn't have a problem with it and this thread wouldn't exist.

CS is the best in the business period. If you think there is something wrong with it at all, they will fix or replace it regardless of whether you're the original owner or not.

I can say from the wear on the gasket that the knife has been played with, but is in no way from my perspective damaged irreparably.

If this is true, perhaps I don't feel so bad. The ZT warranty policy states "Zero Tolerance products are guaranteed for the lifetime of the original owner to be free of defects when received from the factory." I'm not sure exactly how to interpret that, but I'll find out from ZT this week. My other concern would be whether or not ZT has the parts to repair this discontinued knife.

If I agreed to take this route (keeping the knife, shipping it to ZT for repair, and waiting), I would still ask the seller for a partial refund, as the knife I received is more trouble than I was led to believe.

If I have grabbed onto the wrong thread please straighten me out on it Bryan J.

I hope you get this resolved to your satisfaction.

haha, yeah, that's the wrong thread--that's not the member I'm referring to. I still wish to pick up a new ZT0500, so I've offered to buy the one from the person you're referencing here (if anybody else knows where I can get one, let me know). As stated earlier, it wouldn't be proper to out the seller since there isn't enough evidence to conclude that he's not going to cooperate at this point (just a worry). It's an issue of intent. I don't believe this was done intentionally; I believe it's simply carelessness.
 
Thanks to everyone for the feedback.

Regarding the blade tip (Heiheit's comment), I have a ZT200, ZT300, and ZT301 and don't see anything odd about the blades. All three come to a sharp point, whereas the ZT0500 does not. It is not, in my opinion, normal; but to be honest it if that were the only thing wrong with the knife, I wouldn't have a problem with it and this thread wouldn't exist.



If this is true, perhaps I don't feel so bad. The ZT warranty policy states "Zero Tolerance products are guaranteed for the lifetime of the original owner to be free of defects when received from the factory." I'm not sure exactly how to interpret that, but I'll find out from ZT this week. My other concern would be whether or not ZT has the parts to repair this discontinued knife.

If I agreed to take this route (keeping the knife, shipping it to ZT for repair, and waiting), I would still ask the seller for a partial refund, as the knife I received is more trouble than I was led to believe.



haha, yeah, that's the wrong thread--that's not the member I'm referring to. I still wish to pick up a new ZT0500, so I've offered to buy the one from the person you're referencing here (if anybody else knows where I can get one, let me know). As stated earlier, it wouldn't be proper to out the seller since there isn't enough evidence to conclude that he's not going to cooperate at this point (just a worry). It's an issue of intent. I don't believe this was done intentionally; I believe it's simply carelessness.

Then it was a mistake on my part and I will edit my post accordingly. Thanks for pointing it out.
 
I agree the rubber on the opening is ripped and the "rings" are not sealed properly. I think the blade may not have been used. Factory knives always have different grinds or sharpness.
The seller should take the knife back and refund the money. Communication is the most important thing. You should have made an agreement that you have a day or 2 for inspection. I think NIB means different things to people. Some think is allright to carry a knife and do some light cutting and if it looks in new condition then list as NIB. I disagree with this. The seller should say if its been taken out of the box and has any handeling marks.
Its up to you if you want to ship it to Kershaw or send it back to the seller. Good luck on your decision.
 
To me NIB in pretty clear but I see your point in other interpretations of what {insert description here} is. Maybe a sticky thread with exactly what the expectations are for....

NIB
LNIB
Mint
Lightly used
used
beat to death :)

That would (hopefully) take the guess work and interpretation out of the mix.
 
I don't know who the seller is, so this may be completely off base. However, based on the way he described and sent the knife, my opinion, which is worth what it costs, is that you have a knife that was not as described and is not worth what you paid for it. However, if you send it back, you will have no knife and none of the money you paid for it. I'd consider this before I mailed it back, hoping the seller would do the right thing, which is to refund your money and shipping.
 
1. Packaging was totally inappropriate.
2. Knife is not in the condition it was advertised as, and buyer is not happy with it.

There was no deal here, and seller knows that period.
 
There should be no interpretation needed...NIB is NIB.

I just looked at some NIB 0500's that i have and they have none of the issues described by the OP here.

From my understanding ZT let out some of the new Hinderer's that were described to me by owners as junk yet people kept buying and selling them.

When you guys talk about NIB, you must also understand that they are "production" knives.

This may be a shock to some , but there are folks out there that buy knives to use them.

I have seen so many knives directly from production companies that have all types of flaws...I think it would be un-reasonable to demand a knife at a higher QC level than the factory deems sellable.

I have also owned several high dollar customs from some of the top regarded makers that have flaws.
 
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