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couple of questions:
1) What is the time frame involved here? How long after you received the chip did you contact the seller and ask for a refund?
2) How was your request worded (i.e. did your first email with hiom call him a thief?)
3) Kirk has linked to an auction of the chip? Is this the chip you were buying? Were you the winning bidder on that auction or did he tell you that he had another chip?
4) If that auction was for the chip in question why would you think that it was in any condition other than "Showing Slight signs of use" as stated on the auction?
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