09-21-2015, 01:27 PM | #29 | |
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- King Tut
Street/Track Car: 2006 Honda S2000 TT3 || Race Car: 1987 BMW 325is SpecE30 || Tow Vehicle: 2014 RAM 1500 EcoDiesel Sold Cars: 2012 BMW M3 || 2013 Subaru BRZ || 2012 Porsche Cayman R || 2009 Chevrolet Z06 || 2009 BMW M3 || 2004 BMW M3 || 2004 Nissan 350Z |
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09-21-2015, 01:38 PM | #30 | |
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Yes, other vendors have the frontpipe currently in-stock. Mike@CZP is entire able to source the frontpipe from a vendor who is not the manufacturer, still retain a profit margin and have the frontpipe to me by this weekend. He has simply elected to make a larger profit by sourcing only from the manufacturer, leading to a month(s) long delay in my receipt of the frontpipe. That's why I'm unsatisfied with CZP. They pulled a flim-flam on product availability and still think they can make 100% anticipated profits by passing the problem on to their customer. |
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09-21-2015, 02:06 PM | #31 | |||
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Have you ever bought something on the internet before? Crap happens. I have no idea who this vendor is, but he is literally doing the most any other vendor will ever do, and in fact many times Amazon and EBay will force you to pay shipping no matter what, even when they make a mistake. Many many companies will just say,"oops it is back ordered, nothing we can do." And leave it at that. Quote:
In this world we live in most companies have zero actual product on hand and completely rely on manufacturers to drop ship products for them. Sometimes manufacturers screw up and make mistakes. It happens from Amazon, it happens from ebay, it happens from every vendor everywhere. That's just modern life. This vendor has done as much for you as Amazon does for its Amazon Prime customers and you are attacking him. Quote:
When a vendor says here is a label slap it onto a box, they are taking 100% responsibility, not you. If fedex screws up it is on fedex and the vendor, not you. When you drop the package off and fedex scans the label your liability completely ends. This is how the modern internet package return system works. What happens to you happens to others constantly. Vendors make mistakes constantly. It sucks and they all do what this vendor does and people realize that is all that can be done and move on with their lives. This vendor has openly done exactly what every good vendor does. Now the $50 dispute thing? I am sure there is a story behind that and I am sure they didn't do all the research they ought to to see if that policy is actually legal. |
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09-21-2015, 02:12 PM | #32 |
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LOL I feel for you @Mike@CZP .
I think it's very clear you've been reasonable and provided enough options to satisfy the customer, even though refunding all money will result in some loss to you. I will do business with you in the future
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09-21-2015, 02:38 PM | #33 | |
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Actually, many forms of lying exist outside of malicious, intentional lying. "Reasonably ought to have known" is a common phrase in commercial law because it keeps intentional ignorance from being a defense to damages. For example, Mike reasonably ought to have known that his manufacturer has a months long delay in producing frontpipes because it impacts a material term (shipment date) of every sale he makes on that frontpipe from now until they are manufactured. Legally, the proper remedy for the buyer (me) in this situation is to buy the part from another vendor, and then turn-around and send the original vendor (CZP) a bill for the price difference along with a bill for incidental damages. (§ 2-712. "Cover"; Buyer's Procurement of Substitute Goods.) By the way, commercial law does see "transportation and care and custody of goods rightfully rejected" as incidental damages. That's right, legally, "box it up yourself and take it to Kinko's" is completely flim-flam if requested by a seller. (§ 2-715. Buyer's Incidental and Consequential Damages.) King Tut, you might be in the business of fixing other people's screw-ups for them for free, on your own time, on your own dime. Maybe you are a king among men, but don't get upset at the other men who refuse to act as you choose. I made a bargain, fulfilled my portion of the bargain and now I expect the benefit of my bargain. That's business, and commercial law agrees with me. |
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09-21-2015, 02:55 PM | #34 |
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In the time you've spent trying to make your case both on FT86 and with CZP, you could have already shipped the part back and collected a full refund. At this point I feel like you are just trying to "make a point" when it is clear that Mike has done everything in an attempt to rectify the situation.
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09-21-2015, 03:34 PM | #35 | |
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Why is Mike's screw-up my problem? |
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09-21-2015, 03:50 PM | #36 | |
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You walk into Starbucks and ordered caramel flavored coffee. You pay for it and they make the coffee but unfortunately have to inform you that they are out of caramel at the moment. They offer to either refund the difference of the coffee without the caramel, allowing you to keep your product, or offer a full refund requesting you return the coffee currently in your possession. Your final option is to simply wait until their next shipment of caramel arrives in 3 days. You refuse all alternatives and state that they should walk next door to buy caramel from a grocery store or another competing coffee shop in order to fulfill your order completely. That is basically your situation to a lesser degree. The only person's time wasted in the end is your own. Think about it. |
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09-21-2015, 04:40 PM | #37 | |
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But more importantly, the transaction reversal is instantaneous in your hypothetical. However, the transaction reversal in this case would take a minimum of one week, with two weeks being a more likely scenario. That puts us in early October, so then I order the parts from another vendor, another week goes by before they arrive. Now I'm in mid-October, when CZP says that Berk may begin shipping new frontpipes, and I'm getting the parts from another vendor. Doing a reversal of the transaction at this point is of little or no benefit to me. Your hypothetical has no shipping transit time and that is why it is a flawed hypo. |
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09-21-2015, 04:51 PM | #38 |
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I'm the guy behind you in the coffee shop recording you while you rant.
Enjoying my coffee. |
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09-21-2015, 04:54 PM | #39 |
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09-21-2015, 06:11 PM | #40 |
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unless you have a signed contract (with actual signatures, not reproductions) good luck with that so called commercial law. No agreement made over email, private messaging systems or any form of social media is legally binding.
Legally the proper remedy for you is to do what any other actually reasonable person would do in your situation, and that is slap the label on and go your own way. If you do not want to do this, stop whining. No vendor anywhere should ever do business with you. When you made the agreement to purchase from a vendor you made an agreement to act rationally and reasonably if something goes wrong. You've failed miserably in that regard. |
09-21-2015, 06:26 PM | #41 | |
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So, what you're saying is that you have literally no idea about what you are talking about. Well played, squire. |
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09-21-2015, 09:55 PM | #42 |
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uh yea no. Good luck finding any court anywhere that would force anyone to ever even think about complying with a contract that is not formally written or signed. Especially when the vendor has literally done everything every other company routinely does for the exact same situation.
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