Yes and No, I told them I had a problem.. They did not reply at all (it was a few days ago)..
I am willing to eat the $49 inspection fee, but it is hard for me to really deal with them and paypal/ebay without an offical report stating there is a problem. Camera Clinic are an authorised Tokina warranty repair center, so I asume their report is worth the paper it is written on. I also want to know if it is a problem that will get worse or is just a little slackness in the build, before I decide how I wish to proceed. If it isn't going to get worse (become a bigger issue) and as I said the IQ seems fine I will just live with it..
It isn't actually a professional seller as in an online store, they are just a local canon user with around a 100 sales all positive who was selling up all their gear (maybe moving brand or something?).