Let him make the first move. If he does, contact conflict resolution. Once ebay sees that you accurately described the part, you'll be off the hook. I had never heard of conflict resolution until I was having the issue with those wheels. A friend told me about it and, once contacted, ebay handled it asap. In my case I told the seller time after time I wasn't concerned about the cosmetics of the wheels, but since they were going to be used for autocross and track days, they HAD to be straight. He told me that he had personally seen them spun and were perfect. Once received, they wouldn't even roll across shop floor without going in a circle, and had a ton of lousy welds on them. He wouldn't do anything until cr was contacted.