Friendly Little Letter.
#11
Originally Posted by rowtareh' post='841908' date='Oct 20 2006, 05:21 PM
Yeah, you are going against a multi-million dollar company, but if he saved all the replies from fedex, he could possibly win the case. If you get a million, hook me up with 5 bucks kev.
if the box wasnt insured for its "real" value, then fedex (or any shipping company) really isnt at fault. you CAN fault them for taking a year to pay $120 though...
in this case it would appear that the shipper, heretofore referred to as *EDITED* is at fault for not properly labling/insuring the package
so kevin, can you go after *EDITED* on the basis that they charged you for a service, but didnt provide it? i know they supposedly took your engine parts and did kinky things to them, but how do you know they did?hmmm?
#12
Basic contract law states that since Kevin upheld his side of the bargain and *EDITED* did not, they breached the contract. Now, what he'd need to do, if possible, is prove that a contract was made, either written or oral.
#13
Oh, and also that *EDITED* submitted to the obligation (which, if they agreed to do the work for such-and-such pay, they did). There's other issues, but unless Kevin threatened *EDITED* to enter it, that should be about it.
#14
RX8 and J9 explained the basis of my standpoint. There was a contract when i paid them $660+ dollars for their service, they took my money but the contract was never fulfilled as i never received the final product.
Since the shipping error was made by THEM it means they breached the contract.
therefore i should be, at the very least, reimbursed for the work. and if they had any idea what customer service is i should be reimbursed for the value of my housings as well as for the work they did. therefore i should receive a $1950 check...minus the $122+ i got from fedex.
kevin.
Since the shipping error was made by THEM it means they breached the contract.
therefore i should be, at the very least, reimbursed for the work. and if they had any idea what customer service is i should be reimbursed for the value of my housings as well as for the work they did. therefore i should receive a $1950 check...minus the $122+ i got from fedex.
kevin.
#15
Originally Posted by teknics' post='842015' date='Oct 21 2006, 05:22 PM
RX8 and J9 explained the basis of my standpoint. There was a contract when i paid them $660+ dollars for their service, they took my money but the contract was never fulfilled as i never received the final product.
Since the shipping error was made by THEM it means they breached the contract.
therefore i should be, at the very least, reimbursed for the work. and if they had any idea what customer service is i should be reimbursed for the value of my housings as well as for the work they did. therefore i should receive a $1950 check...minus the $122+ i got from fedex.
kevin.
Thats bullshit man, sorry to hear about all that, its to bad people get away with that kindas stuff. You should definatly try and do something about it like taking them to court its worth a try dont just let them get away with taking your free motor... It's probably sitting in they're shop somewhere or has been sold already to someone else. Really hope all this get sorted out and you get your motor and money back. Goodluck
#18
Originally Posted by teknics' post='842015' date='Oct 21 2006, 02:22 PM
RX8 and J9 explained the basis of my standpoint. There was a contract when i paid them $660+ dollars for their service, they took my money but the contract was never fulfilled as i never received the final product.
Since the shipping error was made by THEM it means they breached the contract.
therefore i should be, at the very least, reimbursed for the work. and if they had any idea what customer service is i should be reimbursed for the value of my housings as well as for the work they did. therefore i should receive a $1950 check...minus the $122+ i got from fedex.
kevin.
yep they do have a website with a click to buy, or enter into a contract agreement button.....
#19
I dont really even get the point of the resurfacing/coating in the first place, it only takes into account one single point of wear on the housings, it doesn nothing for the overall corner to corner warping of the rotor housings, or the fact they grow fat in the spark plug area..
Mazda also grinds the irons surface plates in reference to the bearing mounting surface, I dont think anyone else can do that either, and then replace the 2 level nitriding.
For the cost that the new parts are, I dont know how this kinda stuff even stays around, its not even cost effective.
Mazda also grinds the irons surface plates in reference to the bearing mounting surface, I dont think anyone else can do that either, and then replace the 2 level nitriding.
For the cost that the new parts are, I dont know how this kinda stuff even stays around, its not even cost effective.
#20
well each brand new housings is almost $600.
i had relatively new housings which suffered from minor apex seal chatter due to them being 3mm, due to their relaive new-ness and lack of warping getting both of them recoated in a cermet coating for $660+ (total, 315 per housing plus shipping) was much more cost effective then spending $1100 on brand new ones.
but anyway im currently in talks with my lawyer about the situation thats why at the moment i cant say everything.
i will do my best to prevent other rotorheads from having this same situation with this company ever again.
kevin.
i had relatively new housings which suffered from minor apex seal chatter due to them being 3mm, due to their relaive new-ness and lack of warping getting both of them recoated in a cermet coating for $660+ (total, 315 per housing plus shipping) was much more cost effective then spending $1100 on brand new ones.
but anyway im currently in talks with my lawyer about the situation thats why at the moment i cant say everything.
i will do my best to prevent other rotorheads from having this same situation with this company ever again.
kevin.