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A & W Surplus and Auctions

1 reviews & complaints.

Bait and Switch with a touch of Fraud
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FRESNO, CALIFORNIA -- This company is something else. They hold auctions on Proxibid, show a photo of the item you are supposed to be bidding on, but that isn't the item they send you. Instead, you get a broken version, incomplete version, smelly, dirty, dead insects, missing parts, broken parts, and not the items they showed in the auction photographs. Then, when they bill you, they do it in 2 separate billings; one through Proxibid and the other through PayPal. They do this so that if you decide to dispute the charge through PayPal, they escalate it to a claim and since the dispute is regarding the quality or since you did receive something from them, PayPal automatically rules in their favor since it was not an Ebay auction. It's a way to circumvent the system to their advantage. I have published a blog that shows the emails sent from them to me and vice versa as well as photos showing what I was supposed to be bidding on and what I received instead. Also, as far as they are concerned, the matter is closed. As far as I'm concerned, this is just the beginning. I am posting this to each and every place I can find and reporting it to each and every agency I can find. A scam is a scam. Here is the link to my first blog and I will continue blogging until hell freezes over:

http://msrozz-complaints/. blogspot.com/

     
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User Replies:

Anonymous on 2010-02-01:
It's a scam, yes... sounds like it.
But, not a bait and switch.
msrozz on 2010-02-01:
Yes it is a bait and switch when you don't receive what was pictured. Also, here is an update; they sent me an email and my response:

UPDATE:

Here is an email I just received from them and my response to it:

Re: Proxibid Auction
Mon, February 1, 2010 3:02:56 PM
From:
Rosalyn Newman
View Contact
To: A & W surplus
I only speak the truth. You are the ones that didn't send what you pictured in the auction. Have your attorney call mine.

From: A & W surplus
To: Rosalyn Newman
Sent: Mon, February 1, 2010 3:00:27 PM
Subject: RE: Proxibid Auction

Due to your slanderous statements posted on the internet we will be having our attorney contact you. You are spreading slanderous lies because you failed to read what you were bidding on.
Thank you

A & W Surplus and Auctions
3330 N. Duke Ave
Fresno, CA 93727

Ph-559-348-9428
Fax-559-346-0751
www.proxibid.com/awsurplus
jktshff1 on 2010-02-01:
What is it?
msnanny on 2010-02-01:
In retail sales, a bait and switch is a form of fraud in which the party putting forth the fraud lures in customers by advertising a product or service at an unprofitably low price, then reveals to potential customers that the advertised good is not available but that a substitute is.

Yours is a simple scam, not bait and switch.
Anonymous on 2010-02-01:
Just read your blog - couldn't get the comments to work.

Wow - the fact that they still haven't called you to discuss this matter shows they lack all honor. I will never even consider buying anything from A&W Surplus, and, for that matter, I'm not interested in Proxibid Auction, either. Don't forget to post this on PlanetFeedback.com.
jktshff1 on 2010-02-01:
What is it supposed to look like?
old fart on 2010-02-01:
Terrible picture... what the heck is it?
Skye on 2010-02-01:
What is that thing?
DebtorBasher on 2010-02-01:
No, a bait and switch is when someone advertises one thing, then tries to sell you a different,more expensive product. What you got was ripped off...they describe one item and sell you sell you an item that doesn't fit that discription...false advertising...This is a scam, plain and simple.
Skye on 2010-02-01:
Can someone PLEASE tell me what that is a photo of???
old fart on 2010-02-01:
It looks like a badly trashed portable radio...
Skye on 2010-02-01:
All I recognize is the Bose emblem.
Anonymous on 2010-02-01:
OK...exactly WHAT did the auction say? Did you just look at the pictures and NOT read the auction? Having sold on Ebay for YEARS I can tell you this is as common as people NOT reading the fine print on anything then complaining later.
msrozz on 2010-02-03:
The auction stated that this is a Bose ipod dock. The item that was sent to me was not the item pictured. The item they pictured was intact, mine was not. Yes, I read the fine print and there was nothing there stating they would send a different product other than what was advertised.
msrozz on 2010-02-03:
Also, the large picture is of the Bose item that I received. The grill came off and you can see what was behind it, no speakers, cut wire and broken plastic.
msrozz on 2010-02-03:
I've just updated the blog and I think I did it right now, so comments can be added.
madconsumer on 2010-02-03:
I think Proxibid Auction's response is right on!!
Anonymous on 2010-02-03:
Mad me too. I would be really interested in seeing a link to the auction the OP bid on and received.

The OP says herself she called and emailed after hours. Then instead of waiting until the next day or next business day to give them a chance to respond jumped right into Paypal. Once you do that, all bets are off.
PepperElf on 2010-02-03:
their response was to threaten you with a lawyer over "slanderous comments" made online?


You know I've seen that before where the company screams "SLANDER!!!" and states that they will not help the customer until they retract the comments. Ironically, in the case of that other company, the owner was arrested for running scams just this week.


So just because they threaten you with a lawyer doesn't actually mean it's true. Hell it might not even be a real lawyer.

good luck though
msrozz on 2010-02-03:
https://www.proxibid.com/asp/LotDetail.asp?ahid=2404&aid=25387&lid=7073797#Top


https://www.proxibid.com/asp/LotDetail.asp?ahid=2404&aid=25387&lid=7066466#Top


Also, I did ask questions during the live auctions. If you notice in the photo with the ipod docks, the Bose in the photo isn't the one that I was sent. And, for the person that thinks Proxibid's stance is correct, I really don't understand that. Also, I received this crap right around 7pm from UPS. I don't know about you all but when an order is obviously not what you were supposed to get, you pay for it with all of the auction fees and shipping, you get dead insects, broken items, etc.; you want to speak to someone RIGHT THEN, not 3 days later. I called them long distance during the 5pm hour (their time) since Texas is 2 hours ahead of California. I also sent them an email, I then called and emailed Proxibid, then later that night I contacted PayPal. Like most people in this economy, I don't have money to waste. They did not send what was pictured in the auction.
msrozz on 2010-02-03:
Also, there was hardly any description on their part.
DebtorBasher on 2010-02-03:
It's not slander if what you are saying is true, they are trying to intimate you. If everything is as you said, stick to your guns....
PepperElf on 2010-02-03:
yeah that is NOT the image in the ad.
in the ad the unit has the screen still intact
Anonymous on 2010-02-04:
Well....they did tell you....Look at the Details page for that auction...it is pretty standard for all their auctions..It also lists the hours of operation so that any issues can be resolved during that time. The pic of the Bose system is there. It looks like the unit is upside down. They clearly say ALL items are salvage, untried and untested, if listed AS IS, which this auction was.

-------------------------

These Terms and Conditions apply to all items offered for sale by A & W Surplus its officers, agents, employees, successors, and assigns (AWS). A & W SURPLUS, reserves the right to modify these Terms and Conditions at any time and any such modification shall become part of these Terms and Conditions. By participating in a sales event, the Buyer agrees to be bound by these Terms and Conditions.

IMPORTANT FOR ALL AUCTIONS -
ALL ITEMS WITH QUANTITIES ARE SOLD TIMES THE MONEY, SO YOU ARE BIDDING ON EACH PIECE AND MUST TAKE ALL IN LOT. ITEMS RANGE FROM NEW IF STATED TO RETURNS OR SALVAGE IF LISTED AS IS AND ALL ITEMS ARE UNTESTED UNLESS STATED OTHERWISE. PACKAGING AND SHIPPING IS SOLELY BUYERS RESPONSIBILITY, HOWEVER, WE WILL PROVIDE SHIPPING QUOTES AND ARRANGE SHIPPING FOR BUYER ALTHOUGH IF ITEM IS NOT CASED PACKAGED FOR SHIPPING NO ADDITIONAL PACKING MATERIALS WILL BE PROVIDED BY US OTHER THAN BOX. ANY DAMAGE IN SHIPPING A & W SURPLUS WILL NOT BE LIABLE FOR. WE CAN ASSIST YOU IN TURNING IN CLAIM ONLY. IT IS IMPERATIVE YOU MAKE CONTACT WITH US IMMEDIATELY UPON RECEIVING A DAMAGED PRODUCT. YOU ARE WELCOME TO SEND OR PAY FOR PACKING MATERIALS FOR US TO USE FOR YOUR ITEMS. PLEASE LET US KNOW PRIOR TO SHIPPING IF YOU WANT TO PAY OR SHIP US PACKING MATERIALS OR ARRANGE YOUR OWN SHIPPING.

Prospective Buyers are reminded that Customer Service is available to answer your questions from 9:00 a.m. until 5:00 p.m. (PST) Tuesday through Friday by emailing us at awsurp@prodigy.net or by calling 559-348-9428 to answer your questions. If you have any questions about sales events or the property being offered - DO NOT PROCEED WITHOUT SEEKING ASSISTANCE. Adjustments (of any kind) will not be made due to your failure to read and understand these Terms and Conditions. By clicking on the “Submit Bid” button, you acknowledge that you have read and understand and that you agree to be bound by the Terms and Conditions.

ACCEPTANCE OF PURCHASED PROPERTY “AS IS”; DISCLAIMERS, WAIVERS AND INDEMNITY, Buyer’s purchase of or placement of a bid on the property constitutes Acceptance of the property as is and in the given condition. “Acceptance” as used here also means that, by purchase of the property, Buyer will be deemed to have examined, or had the opportunity to examine, the property and agreed that the property is of the size, design, capacity and manufacturer selected by Buyer, is in physical and mechanical condition acceptable to buyer, and is fit for the particular purpose and use required by Buyer. AWS disclaims all warranties, express and implied, with respect to the property, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or that the property is free from latent defects. Buyer acknowledges that AWS is not a manufacturer of the property, or an agent of the manufacturer, and that the only express warranty with respect to the property is that of the manufacturer, if any. Buyer waives any and all liability of AWS and claims against AWS for damages, losses, costs, injuries, penalties, expenses, attorney’s fees and liabilities of whatever nature whether in tort, contract, warranty or strict liability, including without limitation those resulting from injuries or deaths of persons and damages to property resulting from or arising out of or in connection with the use, condition, operation, transportation, service, possession, rental or sale of the property, loss or liability resulting from negligence, breach of warranty, parts, labor, delay or business interruption by Buyer or third parties, delivery delays, work stoppages, failure to warn, operational deficiencies or failures, breakdowns, strikes, acts of God, unavailability of the property or other cause (whether such causes are avoidable or not) caused in whole or in part, directly or indirectly by Buyer, AWS employees, representatives, agents or third parties (collectively, “specified claims”). Under no circumstances is AWS responsible for special, indirect, incidental or consequential damages, even if Buyer has been advised of their possible existence. Buyer agrees to indemnify, defend and hold AWS harmless from and against any and all specified claims.

• There are no returns, exchanges, or refunds.

• AWS reserves the right to determine the method of conducting the sale.

• Credit cards transactions that are rejected will result in a $25.00 penalty being assessed against the buyer, and may result in other sanctions by AWS, up to banning offenders from participating in AWS sales events.

• Credit cards submitted by a Buyer must be in the name of the registered Buyer and valid at the time a lot(s) is awarded. If payment is not received within the specified time period credit card on file will be charged. A $100. pre-authorization will be called in prior to bidder being approved.

• AWS reserves the right to refuse any individual or organization access to our sales events.

• Any Buyer that attempts to rescind a credit card transaction without the express written consent of AWS to do so (I.e., charge-back), will be immediately and permanently banned from AWS sales events.

• Buyer agrees to make payment in full within the specified period of time and to remove all items purchased within the specified removal period. Items (or the bidders interest therein) not removed within the specified removal period will be considered abandoned by AWS and AWS shall re-lot the merchandise for sale.

• If any provision of these Terms and Conditions is deemed illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining parts shall not be affected.

• AWS shall act as sole arbitrator in any disputes that may arise during the sale process with the Buyer.

• Notices from AWS shall be transmitted by e-mail, fax and/or phone to the email address, fax and phone numbers provided by Buyer during registration. AWS may also provide notice in written form delivered through the U.S. mail or certified mail to the address provided by Buyer during registration. AWS is not responsible for the errors of the Buyer in conveying the Buyer’s correct contact information.

• AWS does not guarantee that its system for placing, receiving, collecting and tabulating bids on Internet auction sales will be available without interruption, error-free or free from other defects. AWS assumes no obligation to ensure that a prospective Buyer’s bid is received, properly and effectively processed, or accepted. AWS SHALL NOT BE LIABLE TO ANY PROSPECTIVE BUYER ON ANY CLAIM OR ALLEGATION THAT THE PROSPECTIVE BUYER’S BID WAS NOT RECEIVED, PROPERLY AND EFFECTIVELY PROCESSED AND/OR ACCEPTED DUE TO TECHNICAL ERRORS OR PROBLEMS WITH THE INTERNET AUCTION SYSTEM OF THIS WEB SITE.

• Failure by AWS to enforce any provision of these Terms and Conditions shall not be construed or interpreted as a waiver of the Terms and Conditions. Any waiver of any term or condition shall be in writing, signed by an authorized representative of AWS, and shall be effective only for the instance specified in the writing.

• The proper venue for litigation against AWS shall be in a state court in Fresno County, State of California.

DESCRIPTION OF SALE:

All bidders are advised to read the information and procedures included in these Terms and Conditions and to inspect the items for which bids are submitted. There are no warranties, either expressed or implied, and no returns, exchanges or refunds. All property will be displayed for onsite viewing. AWS is not required to move the items to facilitate viewing.

PRODUCT INFORMATION:

The information and description found in the advertising materials for specific sales are deemed reliable but are not guaranteed. AWS neither assumes responsibility nor makes any warranties regarding the sale's contents. AWS does not represent or warrant that the condition codes are accurate. It shall be the Buyer's responsibility to verify information and item's description, including but not limited to, estimated weight, count, measure or other factors that determine the bid price. Information provided by AWS is not guaranteed and should not be considered as a substitute for our customer's due diligence and/or physical inspection of the property.

BID RETRACTIONS

Any requests for bid retraction due to mis-keyed bids must be received by AWS in writing via email info@awsurplusauction.com, fax to 559-348-9428 or letter to the A & W Surplus, 3330 N Duke, Fresno, CA 93727, immediately upon discovery. Requests for bid retractions will not be honored if the request impacts subsequent bidding on the lot in question. An auto-bid that has already affected the current bidding on a lot cannot be retracted, but will be lowered to the last bid increment placed at the time the request was received. Requests should include the bidder information, and lot number(s) affected. NO BIDS WILL BE REMOVED WITHIN 24 HOURS OF AUCTION START!!

• Note: Winning bid prices will not be adjusted after award due to an error in bidding or any other discrepancy regarding description, estimated weight, count, measure or other factors that may influence the final bid price of a lot.

DISPUTES

All disputes must be submitted to A & W Surplus in writing, and must include the bidder information, and lot number(s), along with a narrative describing the basis for the dispute. Disputes may be submitted via email to info@awsurplusauction.com, fax to 559-348-9428 or letter to the A & W Surplus, 3330 N Duke, Fresno, CA 93727. Claims related to property condition, minor count discrepancies, or buyer's failure to inspect the merchandise prior to bidding/removal will not be honored.

POSTED TIMES:

In terms of Internet auctions, posted closing times and displays of current time on AWS's website are approximate. In addition, AWS reserves the right to close early or extend Internet auctions at its discretion. Lots may be scheduled to close individually, in groups, or entirely.

In the event equal bids are received for the same lot, prospective Buyer grants AWS the sole and exclusive authority to resolve and/or make all final determinations with respect thereto. If any questions arise as to a bid price at which lots have been sold, the record of the sale kept by AWS shall, in all cases, be accepted by the Buyer as final.

Auctions will be extended by 3 minutes at closing if a bid was placed within the last 60 seconds of the auction. Bid extensions will continue to take place until no further bids are placed during the last 60 seconds of an auction. Placing a bid after the close of an auction will not allow an extension to the auction end time.

TIES WILL BE SETTLED IN THE FOLLOWING MANNER:

• Internet Auctions - On the occasion of a "tied" bid, despite whether the bid was accepted as an "auto-bid" or "straight bid", the lot in question will be awarded to the individual whose bid was received earliest. A time stamp recording is kept of all Internet Auctions and Bidding/Time activities and transactions.

PAYMENT TERMS:

The Buyer must pay the total purchase price before property may be removed from AWS's site.

Credit cards submitted online will automatically be charged the full amount of the Buyer's purchase unless the buyer contacts AWS prior to the close of the sales event. No charges will be made to the credit card until the sales event has been closed and a successful bidder is determined. If the Buyer chooses another form of payment, the following information must accompany a letter of instruction:

Company Name
Customer Name
Telephone Number
Lot Number
Signature and Date

Acceptable forms of payment include VISA™, MasterCard™, cashier's check, money order, wire transfer, and PayPal™. Payment in full must be received within 24 hours of close of sale.

AWS will charge a 15% processing fee to every auction won in addition to the final bid amount. This processing fee must be paid before the auction is considered complete and paid for.

In the event the Buyer fails to pay the entire purchase price within the time set forth by AWS and/or fails to comply with any of the Terms and Conditions of the sale, AWS will resell the property at public or private sale without further notice. Accordingly, in the event the successful bidder for any item fails, for any reason, to complete the purchase, AWS reserves the right to accept the next highest bid.

It is a violation of law to make bids in a false name, even if AWS's software initially accepts such a bid. Please be aware that even if you do not give your real name, your web browser transmits a unique Internet address that can be used by law enforcement officials to identify you. Submitting a false bid puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law.

REMOVAL OF PROPERTY:

A schedule for removal of property will be established for each sales event. Buyer must remove all property awarded within this time limit. If for any reason removal cannot be completed within the time period, it is the responsibility of the Buyer to arrange with the AWS Site Manager for an extension of time. AWS shall not be responsible for property that is not removed within the time allotted. If property is not removed within the specified removal period for the sale or scheduled for removal at a later date with the AWS Site Manager, AWS will consider the property to be abandoned by the Buyer and the Buyer shall have abandoned all right, and interest therein. Abandonment or late removal letters will not be sent by AWS to the Buyer prior to exercising the right of abandonment. Items are considered abandoned within 1 week of auction close.

In the event that AWS extends the removal period to accommodate a buyer's needs, the Buyer understands and accepts that the liability and risk of loss shall not rest with A & W Surplus, but shall be at the Buyer's own risk.

Buyer is responsible for rigging, loading, securing and transporting purchased property, to include all costs and risks associated with removal. In certain situations, unless otherwise stated, AWS will provide a free tailgate loading but will NOT guarantee a specific loading time. In consideration for this 'no cost' loading service, the Buyer agrees to release, hold harmless and waive any and all claims, causes of actions, damages (including consequential damages and/or loss of use) or liabilities of any kind or nature against AWS.

At Buyer's request, AWS's personnel may provide information on packing and shipping services. Buyer understands and acknowledges that this is informational only. Buyer further agrees to hold AWS harmless from any liabilities, damages or consequences resulting from the selection and use of said packing and shipping service.

Should the Buyer choose to use a transportation company for the removal of their property, AWS will not be responsible for any of the associated costs whatsoever. The Buyer is reminded to be specific and clear in the instructions to the Transportation Company so that AWS is not shown as a responsible financial party.

• The Buyer or their agent is responsible for property counts at the time of removal/delivery. Claims after that time will not be honored.

PROSPECTIVE BUYERS ARE CAUTIONED THAT:

The Buyer hereby agrees to defend, indemnify and hold AWS harmless from and against any and all damages, costs, claims or liability (including reasonable attorneys' fees) for any injuries to persons or property of any type whatsoever, occurring during or resulting from the sale, removal, use or operations of the purchased property.

Some items may be subject to export restrictions imposed by applicable U.S. Laws and Regulations. Buyer is responsible for compliance and should become aware of requirements and associated penalties for failure to comply.

I UNDERSTAND THAT BY PARTICIPATING IN AN A & W SURPLUS AUCTION EVENT THAT I AM AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

NO PICKUP FOR ONLINE BIDDERS THE DAY OF AUCTION!! BUYERS PREMIUM 15%

msrozz on 2010-02-09:
Lady Scott, do you work for them or related or anything? Just wondering. Sorry, when a photo is one thing and what you get is something altogether different, well, that's a lie and that's cheating and that's a scam. People can try to hide behind the BS of legal mumbo jumbo but bottom line is "IT'S A LIE and IT'S A SCAM. Also, from another source that is working on this with me, it's been admitted by them; they knew what they were doing.
Anonymous on 2010-02-09:
How much did they nick you for this POS, Msrozz?
redmx3racer on 2010-02-09:
Ever hear of something being too good to be true? I'm assuming the OP researched the product in question. I can't quite make out which Bose IPOD dock in the auction picture, but they range from $299-$599 on Bose.com. The auction shows closed for $35. That big of a discount would make me wonder what the heck I would receive. It's not like the picture of the item at auction is particularly flattering. And no, OP, I don't work for this place and have never heard of it. I will, however, certainly avoid it.
Anonymous on 2010-02-09:
OP, someone pointing out the conditions that you clearly did not read does not mean they work for the company. $35 on a salvage auction is basically telling you you are buying junk. They tell you so in black and white. You just did not read it.
PepperElf on 2010-02-09:
normally I'd be be skeptical but...

I do have to agree with the OP on this. "as is" is nice, but if the "as is" picture shows a different condition than the actual product it can still be deception, especially if the "as is" writeup doesn't mention the damage.


kind of like when mom sold the old datsun. it was sold "as is" but mom was upfront about all of the issues the car had. The buyer blew it off until after the sale when he realized... Mom wasn't lying about the condition. He tried to threaten her but didn't get anywhere cos ... well, Mom had been specific about the condition with no hidden issues.
Anonymous on 2010-02-09:
Pepper, they had a picture of the unit. They never, in anything I read, said that the picture was the exact item. I read their description, which was listed in the details. It clearly states all items are salvage unless otherwise stated. Salvage means junk pretty much.

And look at it this way. Even had your mom not been up front. If she listed, say, a $40,000 car for $1000 wouldn't you reasonably guess the car is parts only?

Maybe I am just used to buying on Ebay. I never look at the picture only to bid. I read the entire auction and description, AND the return policy BEFORE I bid. Lots of people use stock photos since it takes time to photograph, host, and load on the net.
PepperElf on 2010-02-09:
mom covered her keyster on that one. she specifically said what was wrong so he couldn't go after her when he realized it was a crappy car.


granted I don't buy on eBay much.

I have seen some wicked evil scams tho - like the guy who sold a picture of an xbox 360, misleading people to think it was a real xbox and not a picture of one. they sided with him but after that they tightened their rules on stuff like that too.
msrozz on 2010-03-13:
UPDATE
UPDATE:I have been speaking with a representative with Proxibid. She said that her company was very sorry about this incident and wanted to make amends. They have offered to refund all of my expenses in this transaction and an sincere apology. They understood my frustration and dissatisfaction. This came from Proxibid, not A & W Surplus. A & W Surplus has yet to do anything about this and I strongly suspect they won't. Crooked is as crooked does. I will continue to do business with Proxibid, but I would advise anyone and everyone not to do business with A & W Surplus and Auctions.
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