[RON1X]

Warzilla,
I certainly can understand the frustration that you are having about all of this, but just wanted to add the little I can to the situation.

First, I can certainly speak to Nivedh's character, I've known him for a while and know that he would NEVER sell defective products. He is, in fact, in grad school at one of the most respected and prestigious schools in the US. I say that to shed some light on the fact that he isn't some misinformed individual; he certainly is smart enough to steer clear of committing fraud or any sort of misrepresentation.

To be frank, I feel the situation is a bit odd to begin with. Despite his iTrader feedback/rating being 79 (without any negative feedback), you were still concerned with the transaction and had a Bill of Sale drafted that, substantively, only states an acknowledgment of the sale and that the wheels are being sold "as is." Although the bill of sale was perhaps an extra protection if a seller were to take the money and run, its use for a forum-to-forum member sale seems odd to begin with, esepcially given his rather high positive feedback. (however, I can understand the hesitancy with any online sale).

The main issue that I see, which has been pointed out, is the fact that the tire shop would still mount the tires if they were defective. It must be stated that a TIRE SHOP would certainly have an interest in wanting you to buy THEIR tires instead of the minimal shop fee that it cost you to install them. To me, that certainly adds a relevant inquiry to the entire transaction.

Upon receiving the tires, did you look them over? I think any reasonable person would have certainly looked over the tires upon receiving them, especially given your concern with the transaction to begin with.

Also, if you were concerned with the transaction, why would you not REQUIRE insurance on the fedex shipment? That really seems troubling given how things have happened.

The demand for $300 is also strange. How do you come up with that number?

I couldn't say it enough, I would be frustrated too but the facts seem a bit odd to begin with. With all of this, again, I can only say that Nivedh would not send you a defective product. There have been three SEPERATE parties that touched those wheels AFTER they left Nivedh's hands: Fedex, yourself, and the tire shop. There is certainly room for negligent care of those tires by anyone in that chain.

I really hope you both are able to figure out an amicable solution to the situation and I truly only share my opinions based on Nivedh because I know him personally and can attest to his honest character (and I think 79 other buyers can too).