AUCTION ADVISOR & ISPEEDWAY ripoff- CHARGES $1500 FOR A WORKSHOP ON HOW TO MAKE MONEY ON EBAY THAT IS AVAILABLE FOR FREE ON THE INTERNET, GIVES ACCESS TO A "WHOLESALE WAREHOUSE" THAT IS NOT REALLY WHOLESALE Coming To Your City Soon!!! Nationwide
These jokers came to town for only a few days and posted a full page ad telling how great life can be as an ebay seller. At the 2 hour presentation they entice you with stories about all the money people are making on ebay and this great software they have that allows you to post ebay listing in about 3 minutes.
They also tell you about how you can get access to their 14 members only' warehouses that allow you to purchase products at wholesale for re-sell for a profit on ebay, all of which is wonderfully connected to directly through the software. Let me enlighten you on why this is a scam and why you should save your $1500 to attend their workshop. The day-long workshop comprised basically general information that anyone with a little bit of time as a ebay seller would learn for himself.
Their software was a joke. After raping you with a $1500 fee to attend this bogus workshop, near the end of the daylong workshop they present you with this software that helps you design your own web-page and access these warehouses. The kicker is that they charge $30 a month to use the software and a fee for every warehouse you use! I'm sorry to say that web-design software is everywhere on the internet for FREE. What makes this software special is that it is connected to these 14 warehouses directly where you can scan inventory and make quick listing to post on ebay and your website (From what I have since surmised, there is only ONE warehouse, divided into 14 sections!
All under the same roof!). You MUST PAY $30 a month for this software AND a discounted price of $44 per MONTH ADDITIONAL to access the warehouses! But here's the salt on the wound...these so-called warehouses generally have prices that are HIGHER than if you went down to your local wal-mart and bought the stuff yourself! That is the beginning of the deception. The deception continues as you view their inventory and their prices through their supposedly great' software (this ispeedway' software appears to be connected through a central server that is COMPLETELY SLOW. You will pull your hair out trying to check items for pricingthat is, if you can even log in!) to discover that what they have in their inventory is OLD and UN-DESIRABLE!
For example, if you want to sell an as seen on tv item such as the Magic Bullet blender, the hottest item on ebay right now according to andale.com (a great website for ebay sellers by the way. Their software is by far better) , YOU CAN'T get it from these bozo's. What they Do have is stuff that was on tv 2 or 3 years ago. So instead you will be selling an egg wave,' or some other useless plastic trinket like a microwave bacon crisper.' There are major suppliers to be found on andale.com with much better deals, and it cost almost nothing. It gets worse. THESE BOZO'S CHARGE for access for access to this piece of shwarehouse! $44 a month!
They try to pass this off as a good deal by giving you 33% off all items in the warehouse, but even after the discount, the price still ends up being higher than retail, so how are you supposed to make any money? What they appear to have is a warehouse full of items they purchased from other liquidators that couldn't sell the products themselves, so they try to unload the garbage on to suckers like us.
And another note, these guys, Auction Advisor, ispeedway.com, and the warehouse are all in UTAH!!! Can you say Mormon? (check out the story on this website by the guy in Tempe, AZ for how they really feel about non-mormons.) Be afraid! Be VERY afraid! This whole deal is a scam! It is one large advertisement to get you to sign-up for their OVERPRICED services and still charge you for a seminar of full of filler material!!! The big value in attending the seminar is for access to this software and the warehouse, both of which turn out to be a very crappy deal!!!
By the time you pay for the software, their mark-up on wholesale items (I guess you can't call it wholesale anymore can you. These jokers are MIDDLEMEN!), access fees to get access to their warehouses, drop ship fees to ship this outdated, overpriced garbage (which will have NO warranty because a lot of it is REFURBISHED and cannot be sold as new), what you have is a price AT OR ABOVE RETAIL, MUCH LESS SOMETHING you COULD EXPECT TO SELL AT A PROFIT ON EBAY!!! The warehouse website and ispeedway are available without attending the workshop! Try it and find out for yourself! This is a scam. These guys scammed me! Don't let it happen to you! It's no wonder these clowns don't stay in one city for more than a few days for fear of being tarred and feathered! http://www.wholesalemarketer.com and www.ispeedway.com
The Universal Commercial Code is very clear on remedy for delivery unsatisfactory goods. A seller cannot deny a buyer a right to inspection of goods that cannot be valued until he has received them. The buyer still retains the reasonable right to refuse soiled goodsI am disputing my credit card charge now and am putting them on notice to give me back my money. When I called and asked for a refund, their rep said that their policy is to NOT give refunds. Their internal policies do not apply here, however, and I am exercising my administrative remedies under sections 2-608 and 2-519 of the UCC.
Dan
Fort Worth, Texas
U.S.A.
3 Updates & Rebuttals
Dan
Fort Worth,Texas,
U.S.A.
Your response enlightens many to your low ethics!
#4Author of original report
Wed, March 02, 2005
It's funny how they would have a LAWYER respond to my report! Though it is an attack at me personally, it's a bonus!
Now everyone can see the general ATTITUDE this company has towards it's clients! Thank you! When you have nothing to fight with on the argument or law side, you must attack the PERSON!
In Latin it is referred to as "Ad Hominem" or "against the person." There is an old saying amongst lawyers that goes something like this: "If you have the law on your side, argue the law.
If you don't have the law on your side, argue the case. If you have neither, ATTACK THE PERSON!!!" If this is all they are left with, having no LAW or CASE then it's another way of saying I WIN! So thank you for your response!!! You proved EVERYTHING that I stated in my report!
If you seriously want to REBUT something, you should respond to each item LINE BY LINE, not by giving a GENERALIZED and NON-SPECIFIC REPONSE to what I have written, based on your personal impressions.
But then again, I forgot, you're a lawyer. So I will rebut to your response VERY SLOWLY and SIMPLY. To wit (that means "take notice"):
AA: As legal counsel to Auction Advisor, I have been forwarded your information.
ME: Oh my! A LAWYER!!! Quick go hide under the sheets before the boogeyman comes!
AA: First, we are saddened that you do not feel satisfied with your workshop experience.
ME: Oh, really? Who is "we"? How about proving your sadness by giving me the refund I originally asked for? As for "my workshop experience?" Why do you think I sent you a bill? It was a waste of my time, and you should pay ME!
All you are really doing is digging your own hole deeper by attempting such a weak reply to my report.
Since I couldn't find anything about your company prior to my attending your piece of sh** "workshop," (A Google search produced "no results"), hopefully others will find my report about your company before giving you any money, you little scammer, you! I also want to give a special thanks to these great guys at ripoffreport.com! Yeah team!
Not refunding my money will cost you a lot more than keeping me dissatisfied! The tone of your response proves that you could care less that I was dissatisfied with the value of the program.
AA: We have had thousands of satisfied customers go through our program and they have been very happy with the results.
ME: Oh, really? Could you please define for me "satisfied customer?" Is that someone who paid you, sat through the workshop, and didn't complain later taht they had been SCREWED? (not knowing they had recourse?) I hate to ask what "very happy with the results" means in your universe.
AA: We will happily provide the testimonials of our satisfied customers.
ME: I would LOVE to have the tesimonials of your "satisfied customers." Please provide basic contact information so I can inverview them personally and be enlightened by their stories of amazing success.
However, please exclude any "satisfied customers" who are in any way related to AA employees by friendship or marriage, are Mormon, and/or live in Utah! Testimonials do not place a value on anything, they are merely opinions of parties.
The way you value something is to compare it to other products that are similar. Can you do this for me? My valuation of "zero" is fair by this standard. What standard do you use in your universe?
AA: Second, you are requesting a refund when you were a GUEST of another student. You didn't pay.
ME: Sorry, Bub. If you looked into the matter a little closer you would discover that I paid HALF of the total fee for workshop and the $99 guest fee, about $845. Sitting through your sales presentation, I noticed that something stank of "too good to be true."
Entranced by the stench, but curious none-the-less, I decided to "hedge my bet" by refusing to pay the entire fee for myself only, and instead asked people who had just signed-up, as they walked out of the room, if they would allow me to attend as their guest if I paid half of their cost.
I easily found a nice couple who were glad to share the cost of receiving this "valuable information" ($1500 is a lot of money to most people trying to survive our current recession, especially if you are paying for crap! Shame on you for trying to profit from people looking to make a new start!).
AA: Third, you are requesting a refund after you have received the education, this is like requesting a refund of a restaurant meal after it has already been consumed.
ME: Question: If you have a nice sit-down meal with your wife at any restaurant and you both suffer food poisoning, would it be fair to ask for the restaurant to pick-up the tab? Hello!?!
I guess you did not read my letter. I will copy it here for you and everyone to see. Please read it. The last time I checked, all 50 States legislated the UCC as "law," or adapted their own, VERY SIMILAR, commercial codes. Please cite your understanding of the code as it applys to your product.
A service is a product or "business unit" under the UCC, is it not? What else do you have to offer today? Do you not wish to address my position correctly? In the meantime, I have just called another person who sat in my class. He too is probably going to demand a refund. Would you like me to stop? I actually enjoy complaining. My wife says I am very good at it.
I see it as "Quality Assurance," something that is so lacking in companies today, like yours. The customer is lost somewhere in the scheme of things, and it is wrong. It is well known in the seminar "industry" that MOST people do not apply what they learn at a seminar, for whatever reason (I would say most people are TOO BUSY in this day and age, or are not PERSISTENT enough to succeed.
That does NOT however, give anyone the right to scam people out of their hard-earned dollars). Rip-off companies like yours prey on the ignorance of hard-working people who are too scared most times to say anything about it.
AA: Fourth, your opinion that the product has no value is, in fact, your opinion.
ME: Yes, it is my opinion, as the BUYER of your "business unit" who was "enticed" into CONTRACT with your company. I still have a right to REFUSE your goods and REFUSE your contract if, upon inspection of the goods, I, THE BUYER, DEEM THE GOODS "SOILED." Your "goods" are definitely "soiled" in my eyes, and as the priority party in this alleged agreement I INVOKE a right to REVOKE this alleged contract.
You scammer seminar people are all the same. You "build-up" the anticipation of receiving some great "secret," but in order to view the "secret," you have to pay for the "peep-show."
What I pay for is VALUE that I can't get anywhere else, or I SHOP for the best value of a service or product. I don't believe on OVERPAYING for something when the market does not justify it. What is the market for what you are offering?
The answer is ZERO, because everything you have given me so far can be had for free somewhere else. The "software" you gave and the "wholesale warehouses" you gave could both be had DIRECTLY by anyone on the internet with a simple search, WITHOUT attending your stupid workshop! No secret here!
AA: Auction Advisor offers proprietary information, educational products and unique pricing relationships with third parties for complimentary services as part of its overall educational package.
ME: If you were honest with what you were offering, you would not have a business. I guess we can't have that now, can we? What "proprietary information" are you referring to? I have yet to find any. Anyone can read my ripoff report and save themselves $1500, and the hassle.
What else do you have to sell today? As for "unique pricing relationships with 3rd parties?" You are quite the "word-smith" aren't you? The way you have worded that is totally ambiguous.
It could be read as either "our pricing is less than what you would pay at Wal-Mart," or "our pricing is HIGHER than you would pay at Wal-Mart."
Either way, it would be "unique," wouldn't it? I too would find myself in a "unique" situation if I were paying more for items than I would at my local Wal-Mart and still calling myself a "satisfied customer" of Auction Advisor! That would certainly be unique!
As far as your "educational package" goes, let me show you what your "value added educational package" proposition adds-up to: 0 + 0 + 0 = 0 value. Anything you add that can be found for free to the public still has ZERO value, regardless of if you call it "educational" or a turnip.
AA: Finally, although your letter quotes extensively from the Uniform Commercial Code, your transaction (even though you didn't pay) is at best a sale of services, to which the UCC does not apply.
These services were delivered to you. Any goods associated with this offering were provided to your companion (name withheld), who was the purchaser of the program with you attending as his guest.
ME: The last time I checked with Ray (my "companion"), he expressed his disappointment with your program, and thanked me for saving him and his wife from having to pay the entire cost and still receive no Vaseline. A "service" is still a "business unit," and/or you have "leased" me this so-called "information" that you "own" are are letting me "use."
Therefore, "delivering a service" is no different than "delivering a bushel of spoiled turnips." Unless you can show me how the UCC does NOT apply, I will assume it does and disregard your argument, just as you have disregarded mine.
If, in your universe, you function under a different set of rules, pray tell what they are so I may study them.
Otherwise, I'm pretty positive my credit card company will side with me WHEN I DISPUTE THE CHARGE.
AA: Auction Advisor stands by its product and will not be delivering any payments for your alleged loss of time, as referenced in your letter.
ME: If AA stood by its product then AA would have given me a refund the first time I asked, you moron. If your product were THAT GOOD, then I would would OBVIOUSLY be the loser here by NOT being a part of the "AA GANG" of "satisfied customers" who ride into the sunset of eternal profit and wealth.
Instead, AA must rely on petty means of continuing their scam, such as "internal policies" of not giving refunds. Quality companies, who know their value, will be quick to acknowledge their own weaknesses so they may improve, not ignore them.
They actually WELCOME complainers as an OPPORTUNITY to imporve their service and make note of their shortcomings. They don't try to silence their critics. If you don't want to freely give me a refund, it's your call. But it will cost you a lot more than it does me.
Here is the letter I sent, I'm sure you didn't read it:
February 21, 2005
Marrilee Bray, Credit Card Processing
AUCTION ADVISOR, INC
1478 East 820 North
Orem, UT 84097
Via:
Email: info@auctionadvisor.com
Phone: 1-800-261-7244
Fax: 1-801-805-1099
First Class mail
Registered mail #_________________________
NOTICE OF RECISSION OF ALL ALLEGED CONTRACTS, NON-ACCEPTANCE OF GOODS, REVOCATION OF SIGNATURE, AND/OR ACCEPTANCE OF ALLEGED CONTRACT AND RETURN FOR VALUE
GOVERN YOURSELF ACCORDINGLY.
Whereas, AUCTION ADVISOR is acting in commerce and was desirous to contract with certain parties in Texas and the County of Tarrant, and especially did entice DAN LOHR (lessee and/or buyer) to contract with AUCTION ADVISOR (lessor and/or seller) to receive certain goods, whose value was unknowable until such time that goods were delivered to lessee.
Whereas, DAN LOHR has made certain inspection of goods and is rejecting them, as is his right. Lessee further DEMANDS a full return of all funds held in escrow by Lessor.
DAN LOHR further rescinds all contracts with AUCTION ADVISOR, INC, alleged or otherwise.
Further, notice of non-acceptance of goods was delivered by DAN LOHR to AUCTION ADVISOR, INC within a reasonable 72 hour time-frame of acceptance of goods.
Further, Lessee seeks redress for the waste of his time that unnecessisalily required by Lessor to review his goods. Lessee has included an assessment of value of this loss of his valuable time.
In addition, Lessee has reserved all rights under UCC 1-207 without prejudice.
This recission and redress is made under Section 2 of the Universal Commercial Code sections 502, 512, 517-519 et. al., while reserving all others and all other rights (especially under UCC 1-207).
Special note of section 517 2a (1) (b), to wit:
b) without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.
This notice is made within a reasonable time. You are given notice and grace to answer. Meanwhile, DEMAND is hereby made to return all funds held in escrow by AUCTION ADVISOR, INC. Venue for all disputes of this agreement shall be Tarrant County, Texas.
Whereas Lessee, is DAN LOHR and Lessor is AUCTION ADVISOR, INC, who did induce DAN LOHR into contract with AUCTION ADVISOR, INC to learn certain information held and deemed proprietary by AUCTION ADVISOR, INC. Whereas:
1. Certain proprietary knowledge was not conferred to DAN LOHR, as he could not find it upon the alleged receipt of valuable goods.
2. Goods that were received were not deemed valuable by DAN LOHR.
3. Certain knowledge deemed proprietary by AUCTION ADVISOR, INC was, in fact, general in nature and available to the general public.
4. Certain knowledge that was supposedly given by Lessor to Lessee was not possibly knowable of value until after acceptance.
5. Certain knowledge conferred by lessor to lessee has a fair market value of $0 (zero dollars).
This notice is being given with a reasonable 72 hours of alleged acceptance of alleged contract.
Whereas, I, DAN LOHR, lessee and/or buyer have deemed that AUCTION ADVISOR, INC's goods are defective and have no value. DAN LOHR further deems AUCTION ADVISOR, INC. as incapable of making acceptable cure.
This rejection of goods is further made under section 2-608 of the Universal Commercial Code, to wit:
Section 2--608. Revocation of Acceptance in Whole or in Part.
(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it
(a) on the reasonable assumption that its
non-conformity would be cured and it has
not been seasonably cured; or
(b) without discovery of such
non-conformity if his acceptance was
reasonably induced either by the
difficulty of discovery before
acceptance or by the seller's assurances.
(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and
before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.
(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.
Your product has no value.
Further, DAN LOHR rescinds his signature from any contracts alleged by you, AUCTION ADVISOR, INC, whatsoever.
Sincerely,
Made with all rights reserved. Without prejudice UCC 1-207.
Dan
Fort Worth,Texas,
U.S.A.
Your response enlightens many to your low ethics!
#4Author of original report
Wed, March 02, 2005
It's funny how they would have a LAWYER respond to my report! Though it is an attack at me personally, it's a bonus!
Now everyone can see the general ATTITUDE this company has towards it's clients! Thank you! When you have nothing to fight with on the argument or law side, you must attack the PERSON!
In Latin it is referred to as "Ad Hominem" or "against the person." There is an old saying amongst lawyers that goes something like this: "If you have the law on your side, argue the law.
If you don't have the law on your side, argue the case. If you have neither, ATTACK THE PERSON!!!" If this is all they are left with, having no LAW or CASE then it's another way of saying I WIN! So thank you for your response!!! You proved EVERYTHING that I stated in my report!
If you seriously want to REBUT something, you should respond to each item LINE BY LINE, not by giving a GENERALIZED and NON-SPECIFIC REPONSE to what I have written, based on your personal impressions.
But then again, I forgot, you're a lawyer. So I will rebut to your response VERY SLOWLY and SIMPLY. To wit (that means "take notice"):
AA: As legal counsel to Auction Advisor, I have been forwarded your information.
ME: Oh my! A LAWYER!!! Quick go hide under the sheets before the boogeyman comes!
AA: First, we are saddened that you do not feel satisfied with your workshop experience.
ME: Oh, really? Who is "we"? How about proving your sadness by giving me the refund I originally asked for? As for "my workshop experience?" Why do you think I sent you a bill? It was a waste of my time, and you should pay ME!
All you are really doing is digging your own hole deeper by attempting such a weak reply to my report.
Since I couldn't find anything about your company prior to my attending your piece of sh** "workshop," (A Google search produced "no results"), hopefully others will find my report about your company before giving you any money, you little scammer, you! I also want to give a special thanks to these great guys at ripoffreport.com! Yeah team!
Not refunding my money will cost you a lot more than keeping me dissatisfied! The tone of your response proves that you could care less that I was dissatisfied with the value of the program.
AA: We have had thousands of satisfied customers go through our program and they have been very happy with the results.
ME: Oh, really? Could you please define for me "satisfied customer?" Is that someone who paid you, sat through the workshop, and didn't complain later taht they had been SCREWED? (not knowing they had recourse?) I hate to ask what "very happy with the results" means in your universe.
AA: We will happily provide the testimonials of our satisfied customers.
ME: I would LOVE to have the tesimonials of your "satisfied customers." Please provide basic contact information so I can inverview them personally and be enlightened by their stories of amazing success.
However, please exclude any "satisfied customers" who are in any way related to AA employees by friendship or marriage, are Mormon, and/or live in Utah! Testimonials do not place a value on anything, they are merely opinions of parties.
The way you value something is to compare it to other products that are similar. Can you do this for me? My valuation of "zero" is fair by this standard. What standard do you use in your universe?
AA: Second, you are requesting a refund when you were a GUEST of another student. You didn't pay.
ME: Sorry, Bub. If you looked into the matter a little closer you would discover that I paid HALF of the total fee for workshop and the $99 guest fee, about $845. Sitting through your sales presentation, I noticed that something stank of "too good to be true."
Entranced by the stench, but curious none-the-less, I decided to "hedge my bet" by refusing to pay the entire fee for myself only, and instead asked people who had just signed-up, as they walked out of the room, if they would allow me to attend as their guest if I paid half of their cost.
I easily found a nice couple who were glad to share the cost of receiving this "valuable information" ($1500 is a lot of money to most people trying to survive our current recession, especially if you are paying for crap! Shame on you for trying to profit from people looking to make a new start!).
AA: Third, you are requesting a refund after you have received the education, this is like requesting a refund of a restaurant meal after it has already been consumed.
ME: Question: If you have a nice sit-down meal with your wife at any restaurant and you both suffer food poisoning, would it be fair to ask for the restaurant to pick-up the tab? Hello!?!
I guess you did not read my letter. I will copy it here for you and everyone to see. Please read it. The last time I checked, all 50 States legislated the UCC as "law," or adapted their own, VERY SIMILAR, commercial codes. Please cite your understanding of the code as it applys to your product.
A service is a product or "business unit" under the UCC, is it not? What else do you have to offer today? Do you not wish to address my position correctly? In the meantime, I have just called another person who sat in my class. He too is probably going to demand a refund. Would you like me to stop? I actually enjoy complaining. My wife says I am very good at it.
I see it as "Quality Assurance," something that is so lacking in companies today, like yours. The customer is lost somewhere in the scheme of things, and it is wrong. It is well known in the seminar "industry" that MOST people do not apply what they learn at a seminar, for whatever reason (I would say most people are TOO BUSY in this day and age, or are not PERSISTENT enough to succeed.
That does NOT however, give anyone the right to scam people out of their hard-earned dollars). Rip-off companies like yours prey on the ignorance of hard-working people who are too scared most times to say anything about it.
AA: Fourth, your opinion that the product has no value is, in fact, your opinion.
ME: Yes, it is my opinion, as the BUYER of your "business unit" who was "enticed" into CONTRACT with your company. I still have a right to REFUSE your goods and REFUSE your contract if, upon inspection of the goods, I, THE BUYER, DEEM THE GOODS "SOILED." Your "goods" are definitely "soiled" in my eyes, and as the priority party in this alleged agreement I INVOKE a right to REVOKE this alleged contract.
You scammer seminar people are all the same. You "build-up" the anticipation of receiving some great "secret," but in order to view the "secret," you have to pay for the "peep-show."
What I pay for is VALUE that I can't get anywhere else, or I SHOP for the best value of a service or product. I don't believe on OVERPAYING for something when the market does not justify it. What is the market for what you are offering?
The answer is ZERO, because everything you have given me so far can be had for free somewhere else. The "software" you gave and the "wholesale warehouses" you gave could both be had DIRECTLY by anyone on the internet with a simple search, WITHOUT attending your stupid workshop! No secret here!
AA: Auction Advisor offers proprietary information, educational products and unique pricing relationships with third parties for complimentary services as part of its overall educational package.
ME: If you were honest with what you were offering, you would not have a business. I guess we can't have that now, can we? What "proprietary information" are you referring to? I have yet to find any. Anyone can read my ripoff report and save themselves $1500, and the hassle.
What else do you have to sell today? As for "unique pricing relationships with 3rd parties?" You are quite the "word-smith" aren't you? The way you have worded that is totally ambiguous.
It could be read as either "our pricing is less than what you would pay at Wal-Mart," or "our pricing is HIGHER than you would pay at Wal-Mart."
Either way, it would be "unique," wouldn't it? I too would find myself in a "unique" situation if I were paying more for items than I would at my local Wal-Mart and still calling myself a "satisfied customer" of Auction Advisor! That would certainly be unique!
As far as your "educational package" goes, let me show you what your "value added educational package" proposition adds-up to: 0 + 0 + 0 = 0 value. Anything you add that can be found for free to the public still has ZERO value, regardless of if you call it "educational" or a turnip.
AA: Finally, although your letter quotes extensively from the Uniform Commercial Code, your transaction (even though you didn't pay) is at best a sale of services, to which the UCC does not apply.
These services were delivered to you. Any goods associated with this offering were provided to your companion (name withheld), who was the purchaser of the program with you attending as his guest.
ME: The last time I checked with Ray (my "companion"), he expressed his disappointment with your program, and thanked me for saving him and his wife from having to pay the entire cost and still receive no Vaseline. A "service" is still a "business unit," and/or you have "leased" me this so-called "information" that you "own" are are letting me "use."
Therefore, "delivering a service" is no different than "delivering a bushel of spoiled turnips." Unless you can show me how the UCC does NOT apply, I will assume it does and disregard your argument, just as you have disregarded mine.
If, in your universe, you function under a different set of rules, pray tell what they are so I may study them.
Otherwise, I'm pretty positive my credit card company will side with me WHEN I DISPUTE THE CHARGE.
AA: Auction Advisor stands by its product and will not be delivering any payments for your alleged loss of time, as referenced in your letter.
ME: If AA stood by its product then AA would have given me a refund the first time I asked, you moron. If your product were THAT GOOD, then I would would OBVIOUSLY be the loser here by NOT being a part of the "AA GANG" of "satisfied customers" who ride into the sunset of eternal profit and wealth.
Instead, AA must rely on petty means of continuing their scam, such as "internal policies" of not giving refunds. Quality companies, who know their value, will be quick to acknowledge their own weaknesses so they may improve, not ignore them.
They actually WELCOME complainers as an OPPORTUNITY to imporve their service and make note of their shortcomings. They don't try to silence their critics. If you don't want to freely give me a refund, it's your call. But it will cost you a lot more than it does me.
Here is the letter I sent, I'm sure you didn't read it:
February 21, 2005
Marrilee Bray, Credit Card Processing
AUCTION ADVISOR, INC
1478 East 820 North
Orem, UT 84097
Via:
Email: info@auctionadvisor.com
Phone: 1-800-261-7244
Fax: 1-801-805-1099
First Class mail
Registered mail #_________________________
NOTICE OF RECISSION OF ALL ALLEGED CONTRACTS, NON-ACCEPTANCE OF GOODS, REVOCATION OF SIGNATURE, AND/OR ACCEPTANCE OF ALLEGED CONTRACT AND RETURN FOR VALUE
GOVERN YOURSELF ACCORDINGLY.
Whereas, AUCTION ADVISOR is acting in commerce and was desirous to contract with certain parties in Texas and the County of Tarrant, and especially did entice DAN LOHR (lessee and/or buyer) to contract with AUCTION ADVISOR (lessor and/or seller) to receive certain goods, whose value was unknowable until such time that goods were delivered to lessee.
Whereas, DAN LOHR has made certain inspection of goods and is rejecting them, as is his right. Lessee further DEMANDS a full return of all funds held in escrow by Lessor.
DAN LOHR further rescinds all contracts with AUCTION ADVISOR, INC, alleged or otherwise.
Further, notice of non-acceptance of goods was delivered by DAN LOHR to AUCTION ADVISOR, INC within a reasonable 72 hour time-frame of acceptance of goods.
Further, Lessee seeks redress for the waste of his time that unnecessisalily required by Lessor to review his goods. Lessee has included an assessment of value of this loss of his valuable time.
In addition, Lessee has reserved all rights under UCC 1-207 without prejudice.
This recission and redress is made under Section 2 of the Universal Commercial Code sections 502, 512, 517-519 et. al., while reserving all others and all other rights (especially under UCC 1-207).
Special note of section 517 2a (1) (b), to wit:
b) without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.
This notice is made within a reasonable time. You are given notice and grace to answer. Meanwhile, DEMAND is hereby made to return all funds held in escrow by AUCTION ADVISOR, INC. Venue for all disputes of this agreement shall be Tarrant County, Texas.
Whereas Lessee, is DAN LOHR and Lessor is AUCTION ADVISOR, INC, who did induce DAN LOHR into contract with AUCTION ADVISOR, INC to learn certain information held and deemed proprietary by AUCTION ADVISOR, INC. Whereas:
1. Certain proprietary knowledge was not conferred to DAN LOHR, as he could not find it upon the alleged receipt of valuable goods.
2. Goods that were received were not deemed valuable by DAN LOHR.
3. Certain knowledge deemed proprietary by AUCTION ADVISOR, INC was, in fact, general in nature and available to the general public.
4. Certain knowledge that was supposedly given by Lessor to Lessee was not possibly knowable of value until after acceptance.
5. Certain knowledge conferred by lessor to lessee has a fair market value of $0 (zero dollars).
This notice is being given with a reasonable 72 hours of alleged acceptance of alleged contract.
Whereas, I, DAN LOHR, lessee and/or buyer have deemed that AUCTION ADVISOR, INC's goods are defective and have no value. DAN LOHR further deems AUCTION ADVISOR, INC. as incapable of making acceptable cure.
This rejection of goods is further made under section 2-608 of the Universal Commercial Code, to wit:
Section 2--608. Revocation of Acceptance in Whole or in Part.
(1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it
(a) on the reasonable assumption that its
non-conformity would be cured and it has
not been seasonably cured; or
(b) without discovery of such
non-conformity if his acceptance was
reasonably induced either by the
difficulty of discovery before
acceptance or by the seller's assurances.
(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and
before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.
(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.
Your product has no value.
Further, DAN LOHR rescinds his signature from any contracts alleged by you, AUCTION ADVISOR, INC, whatsoever.
Sincerely,
Made with all rights reserved. Without prejudice UCC 1-207.
Jack
OREM,Utah,
U.S.A.
Response from Auction Advisor
#4REBUTTAL Owner of company
Tue, March 01, 2005
Dear Mr. Lohr:
As legal counsel to Auction Advisor, I have been forwarded your information.
First, we are saddened that you do not feel satisfied with your workshop experience. We have had thousands of satisfied customers go through our program and they have been very happy with the results. We will happily provide the testimonials of our satisfied customers.
Second, you are requesting a refund when you were a GUEST of another student. You didn't pay.
Third, you are requesting a refund after you have received the education, this is like requesting a refund of a restaurant meal after it has already been consumed.
Fourth, your opinion that the product has no value is, in fact, your opinion. Auction Advisor offers proprietary information, educational products and unique pricing relationships with third parties for complimentary services as part of its overall educational package.
Finally, although your letter quotes extensively from the Uniform Commercial Code, your transaction (even though you didn't pay) is at best a sale of services, to which the UCC does not apply. These services were delivered to you. Any goods associated with this offering were provided to your companion (name withheld), who was the purchaser of the program with you attending as his guest.
Auction Advisor stands by its product and will not be delivering any payments for your alleged loss of time, as referenced in your letter.
Sincerely,
General Counsel
Auction Advisor