Gene @ gmpartshouse- Will not refund my money.[UPDATED response from Gene]
08-17-2011, 12:21 AM
#61
Melting Slicks
Member Since: Mar 2009
Location: Odessa FL
Posts: 2,300
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St. Jude Donor '10-'12-'13-'14-'15-'16-'17
It's like any other contractual term. If it works to limit your liability, and the other party does not choose to persue a dispute then all is good. Fact is most won't go to the time and expense of litigation.
08-17-2011, 12:24 AM
#62
Racer
Haha, why almost changing your stance? What I put in my original post stated the exact same thing. I don't have my parts and he still has my money. That is essentially what the guy above just reiterated. Maybe I just made it too damn long LOL.
I would certainly accept 50%.
I would certainly accept 50%.
My opinion still stands, you would get nada from me dude.
08-17-2011, 12:27 AM
#63
Racer
Go ahead, line up a lawyer, sue and win !!!
Or do you ?
08-17-2011, 12:27 AM
#64
Melting Slicks
Most juries are beholden to the letter of the law - in this case the letter of Gene's policy. If Gene was beholden the absolute letter of his policy the way juries are beholden the absolute letter of the law, this guy would never have gotten his chance to return it 6 months after the fact....
I don't really have a dog in this hunt, but I am amazed at the reaction. I'm not trying to convince anyone that my view is correct and everyone else is wrong but I wouldn't want this kind of publicity over over 50-80 dollars, especially if I was the one who set this whole chain of events in motion. I suppose Gene doesn't have a policy for when he screws up and then in turn you screw up and on and on. If I was in Gene's position and the facts are as they have been presented I would happily set the scales back in balance now, 6 months form now or 6 years from now. As you pointed out jury's and trials are about the law, business transactions should be about fairness and equity not just the "rules". JMHO I'm sure Gene and the OP are both great guys who just happen to be in a messy situation.
08-17-2011, 12:32 AM
#65
Drifting
Thread Starter
I don't really have a dog in this hunt, but I am amazed at the reaction. I'm not trying to convince anyone that my view is correct and everyone else is wrong but I wouldn't want this kind of publicity over over 50-80 dollars, especially if I was the one who set this whole chain of events in motion. I suppose Gene doesn't have a policy for when he screws up and then in turn you screw up and on and on. If I was in Gene's position and the facts are as they have been presented I would happily set the scales back in balance now, 6 months form now or 6 years from now. As you pointed out jury's and trials are about the law, business transactions should be about fairness and equity not just the "rules". JMHO I'm sure Gene and the OP are both great guys who just happen to be in a messy situation.
Hell, if he would have offered to credit even 25% of my chain or give me free shipping on my next order or something I would have *GLADLY* taken that. But no offer at all was made to even work with me a little bit. Right from the get go, he was clearly not going to even give me a dime.
08-17-2011, 12:34 AM
#66
Racer
I don't really have a dog in this hunt, but I am amazed at the reaction. I'm not trying to convince anyone that my view is correct and everyone else is wrong but I wouldn't want this kind of publicity over over 50-80 dollars, especially if I was the one who set this whole chain of events in motion. I suppose Gene doesn't have a policy for when he screws up and then in turn you screw up and on and on. If I was in Gene's position and the facts are as they have been presented I would happily set the scales back in balance now, 6 months form now or 6 years from now. As you pointed out jury's and trials are about the law, business transactions should be about fairness and equity not just the "rules". JMHO I'm sure Gene and the OP are both great guys who just happen to be in a messy situation.
At what point does does the buyer offer any fair settlement, the vendor isn't responsible for the buyers lack of fair expedience.
08-17-2011, 12:38 AM
#67
Drifting
Thread Starter
There were roughly 14 emails exchanged before this thread. I am sorry, but if it is not resolved after 14 emails, it will never be.
08-17-2011, 12:39 AM
#68
Melting Slicks
Member Since: Mar 2009
Location: Odessa FL
Posts: 2,300
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St. Jude Donor '10-'12-'13-'14-'15-'16-'17
08-17-2011, 12:41 AM
#69
Drifting
Thread Starter
Well first I am not the OP or suing. But I will tell you that Gene has already set precedent by allowing the OP to return it six months after the part was shipped. An obvious violation of the "return" policy which says the policy is not enforced strictly and is at the discretion of Gene. Given that and the admission that the wrong part was initially shipped, yes I believe the OP would win on the merits of his argument and the precedence set. But this is again a moot point as the OP has decided not to peruse the issue.
08-17-2011, 12:45 AM
#71
Drifting
Thread Starter
08-17-2011, 12:49 AM
#72
Racer
It bites when stuff gets all messed up !
Last edited by pewter99; 08-17-2011 at 07:15 AM.
08-17-2011, 12:51 AM
#73
Drifting
Thread Starter
08-17-2011, 02:37 AM
#76
Safety Car
Most juries are beholden to the letter of the law - in this case the letter of Gene's policy. If Gene was beholden the absolute letter of his policy the way juries are beholden the absolute letter of the law, this guy would never have gotten his chance to return it 6 months after the fact....
the same may be true in this case. i think seeing as the wrong part was sent in the first place, the vendor could make it right. it sure would be a testament to good service.
08-17-2011, 07:59 AM
#77
Team Owner
closed pending a response from Gene
08-17-2011, 12:37 PM
#78
Team Owner
hmm....I received this just a bit ago...from my email asking him to respond or send me his side...I forgot to include a link to this thread but he found it.
Robert,
I was unaware of the thread. You didn’t post a link either.
The customer originally placed this order on 3/28/2010. The item was shipped 4/2/2010. I heard nothing from the customer until 8/25/2010. My policy is that we are not responsible for anything after 30 days. It was over 5 months until the customer decided to actually open the package and found the incorrect item. The package should have been inspected upon arrival to make sure the item was correct and the item was not damaged. The customer failed to double check the contents of the package upon receipt and failed to notify us upon arrival.
Through back and forth emails I allowed the customer to return the item and once I received the item back, and could verify he received the incorrect item and I had the item, I would give him his credit. No questions asked. I heard nothing from the customer. I did not receive the item back as requested.
The customer placed an order 6/6/2010 and there were no issues.
The customer placed an order 9/27/2010 and there were no issues.
The customer placed an order 7/4/2011 and there were no issues.
So three orders go by with great service and then the customer decides he wants to give me a hard time over an order from 17 months ago. The customer was negligent and did not handle the transaction in an acceptable manner or an acceptable time frame, more than once.
The customer has resorted to name calling and is being obnoxious and rude. I do not have to accept that type of behavior from a customer and it is not tolerated here. With three great orders since and no issues and now all of the sudden I am a thief and a liar and all of this other stuff. I do not want to deal with an individual who will treat me in that manner as I have not done that to him. Yes, at this point I’m getting perturbed about the name calling and the behavior. So I think it is best for the customer and I not to do business together and we can move on. Bashing me on the forum does not constitute a change of mind, but rather solidifies my decision.
Thanks,
Gene.
08-17-2011, 12:42 PM
#79
Team Owner
Per forum rules both sides have responded and this issue is now closed as we do not allow a debate back and forth between the parties as it is I allowed more 3rd party commentary than is the norm. From this point on the OP can decide how he wants to move forward and the rest of the members can read what was posted and make their decisions based on the information provided.
I edited the title to reflect the response from Gene
I edited the title to reflect the response from Gene
