Complaint Category: Defective, damaged, or incorrect product received
Complaint: On July XX XXXX we bought a supposedly 4D Ultrasound machine. ***** and I made an agreement that for 7000 dollars cash he would deliver the Ultrasound machine from Atlanta to Veracruz Mexico where I reside. The money was paid in full on July 24th and I never received the machine. Come to find out that the machine was a 2D ultrasound and not a 4D ultrasound like was advertising anyways apparently it was stuck in the border which required more money to be delivered after disputing back and forth ***** agreed to reimburse my money back unfortunately he only returned 5350 dollars and is ignoring my calls. I believe this is very unprofessional from his part and unfair because he deceived me with the wrong product and kept some of my money not to count the hassle and the inconvenience that this has caused me please help me.
Product_Or_Service: ultrasonix SP Sonix Ultrasound 4D
Business' Initial Response
My name is ***** **** owner of QualityMed, Inc. and I would like to clarify what happened on this deal from start to finish. First off we have not "ignored any calls" and in fact have received no calls whatsoever about this transaction. Only email. I have a complete email history, backing up everything I discuss here. First off the original deal was $7000 for the ultrasound shipped to CA. Mr ******** sent a representative which was his niece ****** ***** to view the functionality of the machine at my warehouse in Tucker Ga. The representative paid for the machine via check. After cashing the check the customer then requested via email that the unit be sent to Mexico. This was an additional $350 more than we originally anticipated for shipping, but because we already had the money in hand we agreed to ship to the new address. We shipped the unit to Mexico. Once it arrived at the border Mr. ******** tried to renegotiate the price asking for $1000 dollars back. I said "no" to the request for $1000 but in the interest of good business I would agree to refund $500 to help with the customs fees. Meanwhile the unit is sitting at the border collecting holding charges of $20 per day. After almost 10 days I receive an email from Mr. ******** asking about the functionality of the probes. I explained that the item is, and remains exactly as he ordered it. He expressed concern that this was not in fact a 3D/4D machine. I referred him to the manufacturers website where it clearly states this machine is in fact a 3D/4D Ultrasound. We did not misrepresent this machine in any way and furthermore Mr. ******** had his representative visit my facility and test the machine while he was on the phone with him. After 11 days had passed I informed Mr. ******** that he needed to collect his machine or I would be sending it back to my facility and the shipping responsibility would be his. Next I get an email from his niece named ****** ***** This email was a BLATANT ATTEMPT TO DEFRAUD my company. In this email in which Ms. Fish claimed was "cut and pasted" from our original ebay advertisement there were several pieces of "added text" including the words " No additional import charges at delivery!
This item will be shipped through the Global Shipping Program and includes international tracking.". The problem is that I have never nor would never include text such as this in my listings. I have over 400 pieces of medical equipment on ebay at all times, and you can look at any of the advertisements including the original listing for this ultrasound and you will see that this "additional text" is simply not there. This was a blatant attempt by Mr. ******** and his niece to try and defraud. There is simply no other way to look at it. I have the email saved as well as the original Ebay listing saved as well should anyone need to look at them. I will be happy to forward the emails to anyone who has a concern.
So after the customer first tried to renegotiate the price after the unit was sitting at the border, and after the email attempting to "put words in our mouth", on day 13 of the unit sitting at the border awaiting Mr. ******** to clear it through customs, we informed Mr. ******** that the unit would be shipped back our warehouse and he would be refunded minus the shipping charges and a 10% restocking fee. I honestly feel we have been more than fair with this customer, and in fact have bent over backwards trying to please him. We do not normally warranty any orders outside the continental U.S.A. This is also clearly stated in all of our ebay advertisements including the one featuring this ultrasound. I offered him a refund even after he tried to renegotiate and again tried to defraud me. on 8/15/2013 my company sent a refund check # 5212 in the amount of $5485.52 to Johan Perez which is Mr. *********** representative whom came and viewed the ultrasound at my facility, and is also the person who paid for the unit. The refund breakdown is as follows: $7000 - 700 (restocking fee) = $6300 - Shipping and holding charges of $814.48 = refund given of $5485.52. I sent this refund check with a cover letter from my attorney.
Again I would like to reiterate that we did not misrepresent this ultrasound in any way, and furthermore we did everything we could to satisfy this difficult customer. I believe we have been more than fair in this matter. If additional documentation is required please ask and I can forward the entire email history including the attempt to defraud us.
***** C ****
Consumer's Final Response
From: ******@atlanta.bbb.org (mailto:******@atlanta.bbb.org)
Sent: Wednesday, August 28, XXXX XX:XX AM
To: ****** ********
Subject: Re: BBB Complaint Case#27319409(Ref#XX-XXXXXXXX-XXXXXXXX-XX-XXXX)
Complaint translated below.
My name is ****** ******** ******* and I am a doctor and the person who paid for the ultrasound, I am pleased that ***** now leads with respect because before he will replied very aggressive and offensive, I read his posts and have incorrect information, names, ideas and truths. I am a resident in Orizaba Ver Mexico. Through a Mexican friend who lives in California named Dr. ****** ***** ****ínez with visual impairment has an assistant named ******, both saw the advertise of the sale of the equipment SP UltraSonix SP 3d/4d VALUE 7200 dollars on E Bay; like advertising on their website says it can be shipped internationally, covering certain special tariffs or quotas, ***** via telephone with Dr. ****** ** ******** they talked the price, and ***** said that if the transaction was made out of E-Bay and taken to ORIZABA VER. MEXICO, the price of the device would be7000 dollars. The equipment would arrive within approximately 14-24 days. I sent the money to one of my two nieces who live in Atlanta Giorgia, ****** ******* and she paid by check and hand it out to ***** the amount of $7000 dollars. And she only took photos of the equipment that she was paying at that moment. When I saw those pictures, two days after payment was made, I realize that VOLUMETRIC TRANSDUCER that works with the machine to make D4 function to work did not come with it.
Two days later I received a call from ****** ****** that I had to decide which customs company would ship the device, when I already had paid for shipping to deliver to my house.
Believe me, I've never bought an appliance in your country; Totally unaware of the policies for this event, which I asked to ask *****, because I started to ask about the fees, taxes and other payments and were over $1000 dollars, But that was not the only problem, if the device was not going to function as 4 D for lack of TRANSDUCTOR VOLUMETRIC; ***** was very rude initially and said that the device was complete and works with 3D and 4D and via e-mail I sent him a picture of a device that has the VOLUMETRIC transducer for 4D function, so that way he will know, but now he is saying that the photo was to be used as fraud. I explained to him in a very peaceful manner that it was not intended to put another device in the ad, it was only to show the VOLUMETRIC TRANSDUCER that apparently he did not know.
***** at last accepted that the volumetric transducer would be much more expensive (about 3500 dollars that I did not have or could get it). I had accepted that the device that offers 3D/4D, works only with the transducer. Therefore without the TRANSDUCER it works as 2D, AND THAT DOES NOT WORK FOR ME.
Yet I asked the manufacturer of ULTRSONIX SP 4D IN CANADA and was told that there were in existence transducer and also to operate with the transducer should have a license to use the 4D. I guess he does not have one.
***** to advertise a device with 3D/4D function without volumetric transducer, he is making an error that is costing me about 1500 dollars, because ***** is charging me 800 dollars for shipping the apparatus to customs and back as well as a 10% NOT SURE WHAT THAT IS.
He sent me a check for 5,450 dollars with a sheet if I cash that check and I should not expose his fraud, and that's not right. He who owes nothing, fears nothing.
I proposed and keep what I said that we pay 50% of fees; because he had the greatest guilt to announce a device that has no functions; I can pay my 50% for not realizing right away what they advertise was not true.
So I only ask to return the 10% ($700 plus $400 of the 50% of the fees and we are at peace). THAT WOULD BE FAIR .
I have spent on phone calls in a month of this ordeal, like you would not imagine. It has been much weary; especially emotionally for feeling disappointed.
All my life in my country I have been a doctor and an honest person.
For all that I have written I have the evidence in writing upon your request.
Please be fair. I'm not asking for surcharges or anything not fair.
Dr ****** ******** *******
Business' Final Response
First off I would like to say again that we absolutely did not misrepresent this machine in any way. I refer you to the manufacturer's webpage at http://www.ultrasonix.com/ultrasound-systems/sonixsp
There you will clearly see that this machine is sold new as a "3-D/4-D Ultrasound". Also please notice that there are no "Volumetric Transducers" included with this ultrasound when it is sold new from the manufacturer. All transducers are purchased separately . To say this machine is not a 3-D/4-D machine is simply absurd. Furthermore we had clearly posted online pictures of the 3-D/4-D scans we did at my facility with the two included, and clearly listed transducers. This customer knew what he was buying every step of the way. Please remember his representative tested the machine at my facility while on the phone with Dr. Lechuga in Mexico. There was simply no room for error. Again we did not misrepresent this machine in ANY way. I want to be perfectly clear on that point.
If possible I would like to submit the email history for this entire transaction for the BBB to review. Please instruct me as to how? Dr. ******* and his representatives have been dishonest throughout this entire transaction attempting to defraud me on more than one occasion. Notice the Dr. Does not respond about the fraudulent email where he "rearranged" my Ebay advertisement adding the text "no additional import duties due upon delivery" as well as several other phrases. He did this while asking for $1000.00 after the unit was sitting at the border. It is really quite ridiculous. This attempt to defraud my company is blatant and should be noted in my BBB response.
I sent a refund check to the Dr. for the amount of 5485.12 check number ***** This check marked "Full and Final Satisfaction for Ultrasonix SP Ultrasound" was cashed on 8/23/2013. This check included the following cover letter from my attorney:
" Dear ****** ******** ********
You please will find enclosed herewith a check from Quality Med, Inc., in the amount of $5485.52, made payable to **** ***** ****** which is being tendered in full refund, and final and full satisfaction of a disputed claim in connection with the transaction between our companies involving the Ultrasonix SP ultrasound system. This check is being tendered on condition that it is accepted as full refund, and final and full satisfaction of the claim, and on condition that you and your company agree not to make any oral or written statement or take any other action that disparages or criticizes Quality Med, Inc., or its management or practices, or that damages its good reputation, or impairs its normal operations.
If you do not agree to these terms, you should not negotiate the check, and return it to Quality Med, Inc. immediately. ".
I think it is unfair that Dr. ******* is using my good standing with the BBB to initiate further compensation.
Below is a cut and paste of the fake Ebay Advertisement the "Dr. " sent me. I have the original I will be happy to forward via email so you know it is valid and it actually looks much more realistic because he used the real Ebay fonts and what not. Anyway... I want you to understand what I am dealing with... Here is an exact cut and paste of what I was sent "
Ultrasonix Sonix SP 3-D 4-D Ultrasound with Transducers OBGYN - Warranty!
"Used with 30 Day Warranty! Beautiful 3-D / 4-D machine!!"
Jul 04, 2013 09:19:11 PDT
No additional import charges at delivery!
This item will be shipped through the Global Shipping Program and includes international tracking. Learn more
$350.00 Standard Shipping See details
Atlanta, Georgia, United States
************** (1945 Red star icon for feedback score in between 1,000 to 4,999) About **************
Seller's other items "
Ok now please notice the part that says " No additional import charges at delivery!
This item will be shipped through the Global Shipping Program and includes international tracking. Learn more" The problem is that part was not, and is not a part of any Advertisement I have ever put on ebay or anywhere else. The Ebay ad was mine and was real except the parts that cut and pasted from someone else's Ebay advertisement. He used this nonsense to attempt to extort $1000.oo from me while the ultrasound sat at the border. This is what I am dealing with. Dishonestly across the board..
I do not want to have a bad reputation with the BBB and I honestly feel that I am being taken advantage of here, and that perhaps my excellent reputation is actually being used against me.
Without admitting any wrongdoing by QualityMed, Inc., in the interest of good business I will offer to reduce the restocking fee to only 5% thereby refunding the Dr. $350.00 if this will make this go away. I honestly do not feel I should refund anything as we simply did nothing wrong on this transaction and actually bent over backwards trying to accommodate this dishonest customer.
***** C ****
Complaint Resolution: BBB determined that despite the company's reasonable effort to address complaint issues, the consumer remained dissatisfied.