There is such a thing as third party claim. As you have every right to claim against the seller, seller has every right to claim from the supplier. Remember, refund or not will necessitate you guys meeting and returning whatnot.

As for those who says TTPM is time consuming, etc etc, you have probably never tried filing any case at TTPM. I went and sue NAZA for a sum of more than RM7k++ and it took me about a month to settle, and the only thing I spent on Naza was about 4 bucks for the AR registered post.

As I have said, just file at TTPM. No, you don't need a police report, you can do it online if you don't want to go to to the offices. No, there is no need of a police report, heck, it'll probably be stamped with a "Tindakan Sivil Sahaja". This is clearly a civil case, and your avenues of settling this is already present.

If you are in the right, you are in the right. Document you rightheousness? by doing it in from of a Tribunal President.

So do you want me to send him another text saying 5 days to decide before I file the claim to TTPM?

edit/ I have already submitted an enquiry to TTPM regarding this matter. TTPM says it may take up to 3 days to reply my enquiry.


What if I don't know the full name and address of the supplier? How do I file the claim then? Will a contact number and partial name suffice?

edit/ I have already submitted an enquiry to TTPM regarding this matter. TTPM says it may take up to 3 days to reply my enquiry.

This post has been edited by Silverfire: Aug 7 2012, 02:55 AM

Yes make it 5 days or shorter even better.

If u have submitted to TTPM, I won't submit my report to TTPM. Give u some time.

Is he your friend or not? Either way, when you are buying something with the intention to sell it later, be responsible for it. Worse comes to worse, sue the guy that send the lenses to Nikon the first time around. I'm pretty sure Nikon must have some kind of contact number or something.

And also please post a proof that u have reported to TTPM. Thanks.

Now we have to see this case as 2 different scenarios.
It's not complicated and I think everyone is missing out, because you just assume that the warranty is void.

If Silverfire sell the lens, whether he is aware or not about the warranty status, which already voided before the Money transactions happens between him and Izwan, then I believe Izwan deserve a FULL refund from seller. This matter because Silverfire should've check the warranty status with Nikon before selling them off from his possession.

But if Silverfire sell the lens and the warranty is still valid, the problem starts here. I'm not trying to suspect Izwan, but this is his part of fault also, not checking the warranty status and also the gap time when he file the complain. The refund should be looks more like partial.

Ya I know nobody would bother to check up on the warranty at all.

Just trying to clarify here, before someone would claim the warranty is void after 1 time warranty claim.
Still no fact or statement about when the warranty is being void btw.

now i know we cant all trust a "safe trader" . Its about your responsible to TS as A SELLER , your loss is your SELLER`s reponsible to you , make that clear !! lesson : dont deal with small kids , only deal with man

No, its not complicated, but u make it seems to be.

Just forget abt the warranty status for a moment. The lens already have "IMPACT DAMAGE" n quoted RM1202 for repair b4 the money transaction happen. I believe this fact alone make Izwan deserve a FULL refund.

The warranty void or not is the question after the repair. Since the repair cost is high, its only make sense for full refund instead of repair.

Let TTPM decide. Thanks.

TTPM ask me refer nearest branch

Anyway before I proceed with filing form 1, I have already texted salvator to provide a refund in 5 days.


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biasa lah government..semua pon lembab..suka main tolak-tolak

Aiseh. Step one brother, find at least his full name and address. That is the basis for a strong suit, you need at least those two before filing your statement of claim. Be reminded that a judgement by the Tribunal is binding, so having the correct name is very, very important.

Remember, you also need to serve officially the statement of claim therefore please search first before filing.

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Added on August 7, 2012, 11:54 amCorrect place of filing important, to ensure that it is fair. Check the list of TTPM offices, and select the one nearest and most convenient to you. Again, worse comes to worse, my suggestion is to sue Nikon directly.



This post has been edited by mfitri77: Aug 7 2012, 11:54 AM

Why sue Nikon?

Why not? All this brouhaha wouldn't have happened without their paperwork, their receipt and most importantly their warranty service. I can bet you that they would probably never bother to turn up and give evidence if they weren't a party to this whole thing. Anyways, the most important part here is that Nikon has denied warranty because of previous reports regarding the lens and quoted quite an exorbitant price to repair it. At least you can ask them directly why that is so.

The tribunal can then rule whether or not Nikon's action in denying warranty is correct or not in the circumstance, whether it is obligated to assume warranty under the circumstance, why the repair fee seems to be more that the retail price etc etc. Heck, sitting here I'd probably be able to dream up a multitude of questions I want to query Nikon as well, such as what happened when warranty was denied in the first place.

After all, buyer bought the lens under the impression that Nikon is providing the warranty, right? Did Nikon provide a way to check warranty? Is warranty voided by change of ownership.

Don't forget, the Tribunal's role is resolving what is fair. Do you think that repair bill is fair? Yes? No? Maybe?

Let me just give you an example of my car's story. I didn't win because of what it is the warranty booklet. I won because the Tribunal ruled that the car sold to me WASN'T UP TO QUALITY, as per the Consumer Act, regardless of warranty.

How if Salvatore give a same reason Silverfire give to Izwan when dun want to refund...huhuhuh...?????

Err.. just checking, do u knw tht the same lens have been sent for warranty claim twice?
1st time by the 1st owner (?salvator)
2nd time by Izwan
FYI the warranty claim was denied the first time it was sent by the first owner stating the fact the there was missing screws and self impacted damage that wasnt covered by the warranty, thus the quotation of rm1202 for the repair..

Timeline : Salvator advertised lens on 5th April : 1st Nikon invoice dated 27th April : Silverfire COD lens with Salvator 1st May : Silverfire sold lens to Izwan898 3rd May.

Serious gap in timeline... especially from 5th April to 1st May.

No, I am not. Your right to question the cost of repair is a consumer right. More so when you are talking about a single provider, ie Nikon.

Yes, I do know. More question to Nikon then. Say for example, the repair quote was paid, is the warranty still valid? In any case, let them explain lar, for it seems that they know more about this whole thing than either Izwan or Silverfire.

People here are more interested in their own interpretation of what Nikon says. Why don't you get the Nikon guys to answer each and every single question, instead of presuming this and that? The best place is the Tribunal, no?

I'll make a fair and neutral statement here

Based on all the facts...

1. Silverfire bought a lens from salvator without knowing the lens is damaged (assumed he did not checked)
2. Silverfire then found the lens not sharp to his liking (very subjective here) and decided to sell it away
3. Izwan bought the lens from Silverfire and found out it is a Demo unit.
4. Izwan dispute the Demo unit with Silverfire (Case settle) with RM100.00 (Izwan to keep the lens)
5. Month letter Lens malfunction, send to warranty and found out warranty already void with previous case
6. Izwan held Silverfire accountable
7. Silverfire held salvator accountable (in other thread)
8. Salvator sms. Silverfire to settle with RM300.00
9. Being a student *has no $$$ (Silverfire) ask Izwan to settle with RM300 with condition he keep the lens.
10. Izwan counter offer with RM500 and return the lens
11. Pending Salvator response to counter offer.

From here... This case is Izwan-->Silverfire-->Salvator

From the look as it Silverfire need to settle with Izwan case as he is directly involve as Silverfire then settle with Salvator (which ever the ammount they agreed) Silverfire cannot push the case to Salvator and wash hand like this... unfortunately the world does not turn like this as well haha

what I suggest is Silverfire and work out with Izwan here either with 1 off payment (RM500/=) or let work some thing out like a installment since Silverfire do say he is still a student (assume he still is) he can reach a settlement of say RM300 first and RM100 or RM50 each subsequent month...

for Izwan yeah it sucks when the deal does not go as planned but it is a lesson... lets check the product clearly as possible next time or better yet always COD... I like COD as i can ask the previous seller all sorts of question and check it out what type of person is he... if not comfortable just back off on the deal.

for Silverfire... yeah it sucks when you are the meat in between the two bread... (Hamburger scenario) but as a seller you too held some responsibility since you are the once who sell it to izwan. ultimately you will settle with Salvator but remember when you deal with Izwan Salvator is not in the picture... it is fare when you settle the deal with Izwan you do not involve him with Salvator.

I believe both of you dont expect this to happen expecially when Silverfire has so many successfull trade in his hand... some time it is just bad luck...

lesson learn on both end...

1. to Buyer... Please check your product and ask tons of question (there is no trust when dealing money transaction)
2. to Seller... yeah some time shit happens but as a genuine seller it is always better to settle with your buyer and not fall back to who you buy from...

so my conclusion Silverfire please settle with Izwan... either 1 off or go with installment... be steady bite the bullet