ComplaintsforSurplus Solutions, LLC

• Initial Complaint

  10/19/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  To my email inquiry on the functional status of the product (Biomek FXp liquid handling automation system), the business specifically addressed thatthe product is FULLY FUNCTIONAL(email correspondences submitted; 1_Product inquiry and advertisement.pdf). Thus, we paid the business the total $12,200 for the product on 8-3-2023 (Receipt submitted; 2_Receipt.pdf). We received the product on 9-23-2023. However, in contrast to the business's assertion that the product is fully functional, we found that the product is completelyout of order, couldn't be operationalat all, and multiple apparentstructural damages(Product test images submitted; 3_Product is OUT-OF-ORDER.pdf). We further found thatthe internal electrical circuits board were burnt-out (Image submitted; 4_Burnt-out-electric-circuit-board.pdf). We asked the business for a refund and to ship the product back on their own. The business first counter-proposed to us that they would replace it with anotherproduct in their inventory, but didn't answer my inquiry whetherit's functional or not. Hence, I asked them for a refund again. But now the business refused it because they said "it's sold as it is" (Email correspondences submitted;5_Business knowingly sold OUT-OF-ORDER product but refuses to refund.pdf). Now I believe they scammedus to sell theOUT-OF-ORDER product with ill-intended advertisements.

  

  Business response

  10/27/2023

  We are very sorry that a customer of ours is having a poor experience with our services. Surplus Solutions LLC is an equipment broker. In many instances we take client owned equipment and sell the asset their behalf; this was the case for the associated instrument.
  
  The associated instrument was received at our facility in July of 2023 and we had documentation that it had current  preventive maintenance performed by the original equipment manufacturer. Although it was requested by the customer, ********************** does not perform maintenance activities, which was also clearly communicated.  To reflect the risks of this type of equipment purchase, a Purchase and Sale agreement was executed by both parties that clearly states that equipment is purchased "AS IS," "WHERE-IS" AND WITHOUT ANY WARRANTY WHATSOEVER (See attached P&S).
  
  To assist with reported damage, Surplus Solutions did extend an offer to attempt filing a claim if the reported damage was done in transit, or exchanging the instrument for another unit in our inventory if they were willing to pay for shipping. Neither of these solutions were satisfactory to the customer, so we were forced to revert to the previously agreed to terms in the P&S agreement. We are still willing to work with the customer to try and come up with a solution, but if this is not a collaborative effort we will need to be firm on the terms executed in the purchase and sale. 

  Customer response

  11/01/2023

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********. Please add your rejection comments below; if you do not provide any details, your complaint will be closed as Answered. 

  [You must provide details of why you are not satisfied with this resolution.  If you do not enter a reason for your rejection, your complaint will be closed as Answered.]

  As explaied in the original complaint and attached email correspondence regarding the iniquiry and response between SSLLC and me, SSLLC, the business, gave me a false wrong information about the equipment, claiming the equipment is FULLY FUNCTIONAL. The subsequent proceeding of this purchase was completely based on SSLLC's false information. If they provide a factual and correct information that the equipment is completely "Out of order", I wouldn't bother to make any deal with SSLLC. Selling a out-of-product based a false adverstisment and refusal of refund is called fraud and scam.

  Regarding their resolution: they still won't be able to say anything about my inquiry about the status of the other equipment in their inventory. Is it working or not? Any issue with the equipment? The other equipment was less value at the first place. Do SSLLC have any compensation? And Why would I have to pay the shipping if I would accept the other equipment as replacement? Again, I was totally blindfolded by SSLLC's bad business practices.

  
  Regards,

  *****

   

   

  

  Business response

  11/03/2023

  We take your feedback seriously, and after selling thousands of pieces of equipment annually, we have never had an instance like this unique situation. Although we are still confident that our terms and conditions were clear in the signed purchase and sale document, we understand there is still frustration on your end. To try and alleviate that frustration, we have would like to propose the following return option:
  
  Return Authorization:
  You can return the damaged equipment to the following address: ********************************************************************** ** 02906
  Secure Packaging:
  Please ensure the equipment is securely packaged to prevent any further damage during transit.
  Inspection and Refund:
  Once we receive the returned equipment, our expert technicians will inspect to verify that it is in the same state as when it left your possession.
  Please allow up to 2 business days for the inspection process to be completed.
  Refund Process:
  If the inspection confirms that the equipment is indeed in the same state as when it left your possession, we will proceed to process your refund.
  The refund will include the original purchase amount as well as the shipping charges you incurred when you placed your original order.
  Confirmation:
  You will receive a confirmation email once the refund has been processed.
  
  If you agree to the proposed solution, please reach out to ****************************** for additional information

  Customer response

  11/14/2023

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********. Please add your rejection comments below; if you do not provide any details, your complaint will be closed as Answered. 

  [You must provide details of why you are not satisfied with this resolution.  If you do not enter a reason for your rejection, your complaint will be closed as Answered.]

  Since my 1st response, I have been corresponding with SSLLC via email. Below is my most recent email response to the SSLLC's proposed resoultion. 

  -------- copy of my email response to SSLLC --------
  Thanks for your follow-up. We are not a retailer but just a small biotech company; we have no resources for a proper packaging and return shipping of the FXp, and we don't even know where to look for such a kind of packaging service and logistics provider. That was why we asked your company to arrange the entire return process on your own in the first place. Further, it appears that your proposed return/refund/resoluton doesn't describe whether this return shipping/packaging would be reimbursed if you are to rely on us for the arrangement of the return process.
  
  By the way, I still don't understand why your company doesn't answer my question about the conditions of the other FXp in your inventory. Is it working or not? If it really works, we are glad to have it as a replacement as you proposed from the very beginning. Of course, we will ask your company to assume all the expenses for shipping. 
  
  So please let us know what you truly want to do.
  
  Best,

  *****

  --------end of my email response to SSLLC--------
  
  Businesses and Customers should be civil, courteous and polite in their responses to complaints. It is important to remain professional and productive when participating in the BBB complaint process.
  
  FAQ
  
  Regards,

  *****

   

   

  

  Business response

  03/12/2024

  Upon receiving your initial complaint, our team promptly investigated the issues you raised and proposed a resolution which was drafted by out attorney and sent to you on  January 10th 2024.  The resolution we proposed was fair and outside of the scope of our normal terms and conditions of sale in which all equipment is sold "as-is" without any warranty or guarantees.

  We understand that you have rejected this resolution and  rebutted with threatening language demanding $100,000 in damages which far exceeds the purchase price of the equipment.

  Since you rejected our resolution we are do not believe that we owe you any further remedy in this matter and do not wish to discuss this matter any further.

  Thanks you

  Surplus Solutions

   

   

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