RaW Z06

This is absurd. Gene offered to reconcile your problem when you first recognized the mistake. It was your choice to procrastinate for a year on the return. How can you expect Gene to refund your money like this issue took place yesterday? Cmon now. Use some common sense. Walk away from this one. In my humble opinion, you got nothin coming.

Hopefully you learned a lesson on this one. The world doesn't revolve around people who procrastinate.

Trios

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....

mchicia1

I received a good response from another vendor on the GTO board. I am ok with letting this go. If mods want to delete the thread, I am ok with that.

Tom Hudson

I'm self-employed, not in the automotive business. In my world if I build something, even if it's a one off & ship it to a customer & I find out 10 years later that I shipped or built the wrong part, as long as I'm sure it hasn't been used I would make a full refund or build what the customer ordered in the first place - period! - "I" screwed up - Yes I would have preferred that the customer sent the part back sooner but the fact still remains I'm the one who screwed up!

If a customer told me at some point that I shipped the wrong part I would have made a note of it & if I hadn't got the part back I would call him! I work with some expensive products some times - Family heirlooms - in my business there has to be an trust between my client & me.

I fully understand vendors have their own rules this is just the way I have always done business - Tom

74-Roadster

Waiting too long - TWICE "IS" the reason. When he agreed to take care of you at the 6th month mark, he went out of his way. What do you think he would have said if you told him, "Thanks man, I'll ship it back in say, 6 months from now. That okay?"

Trios

What is "a good response?"

Does that mean that vendor gave you a good reason for Gene to have done what he did, or just that another vendor saw your plight and decided to cut you a break on a deal with him (and therefore got you to quit your yammering because someone gave you something?)

mchicia1

Well, you are about one of 100 in this thread who thinks so. Thanks though.

alxltd1

So this is a hard one to take a definitive stance on. While the OP did in fact wait an inordinate amount of time to actually return the incorrect item, there is no denial from GM Partshouse that the wrong part was in fact shipped to him. If an item you bought is broken or in any other way not what it's supposed to be (I would classify getting a valve instead of the timing chain that was ordered as “not what it’s supposed to be”), the store's return policy doesn't matter. The OP has documentation and an email trail to substantiate his claim that he was in fact shipped the wrong part and so it is not what he ordered. Gene seems to have taken the most prudent approach initially but is now digging his heels in after waiting so long for the OP to return the incorrect part shipped. At this point the OP has neither his money nor the correct or incorrect part. Gene has both the original unused part back in his inventory and the OP’s money originally paid for the part he never received. So it would seem that Gene could send the OP the originally ordered and paid for part or refund him the original purchase price. There is in reality no “re-stocking” fee as the correct part was never shipped and the incorrect part was returned at the OP expense. My opinion, and it is exactly that just an opinion, is that should the OP take his dispute to litigation he would have the more compelling case and probably would prevail. I would rather he and Gene come to a reasonable compromise. Again a tough one to take a stance on. I feel for the OP and having ordered from Gene before respect him and his company. Good luck.

mchicia1

Another vendor actually gave me a legitimate reason (other than time, which is all you guys say), with details, as to why I should not be entitled to my refund. While I still believe I should have at least been credited the money towards my next part, I am ok with letting it go based on what the other vendor told me.

andy46

So if one of your customers never even opens the box, and doesn't send it back when he clearly states he's going to, twice.
Your still going to kiss up to him ?
Whatever you do for a living, you clearly don't do a lot of volume, this customer isn't worth keeping.
He has another vendor on the GTO site agreeing with him, because thats what he wants to hear.

mchicia1

Thank you, which is why I felt it was more than fair to at least credit my next purchase. That way, he is getting more business and our other manner is resolved.

But whatever, I am not going to win this one, so I am ok with letting it go. I realize now that it may be hard for him to re-sell or send that part back to a distributor since it has been so long...that is the gist of what another vendor told me. But technically, that still means I am out $30 which is the difference between the valve and the chain, but that is splitting hairs at this point.

Trios

Ah, but you're incorrect. The return policy does matter. If a mistake is made, notify the company within 30 days and get it corrected in a timely manner. After 30 days, the mistake turns from being on the vendor's side to the customer's side.

mchicia1

Actually, no, you should probably have asked what the vendor said before you assume things.

The vendor actually disagreed with me, but actually made a good, well thought out case, which no one has done yet (including Gene, other than link his policies over and over). And while I still think this could have been avoided with a simple credit (that big of a deal?), I am now ok with letting this go based on what the other vendor said.

STALION

mchicia1, I thought you said money isn't the issue, so if it's not, what is left??? Principal??? At this point right or wrong, I would just let it go. It's not worth the headache or hassle to go through all of this for money that was lost long ago. You said you were planning to spend maybe $300, to $500 bucks if he would have accepted the return, so why not look at this as his loss and not yours. In any case, there are plenty of other vendors to choose from so my advice is to forget about the issue and accept it for what it is...

mchicia1

Yes it is principle/pride only. And I am sure the only reason he didn't credit my next order was the same reason. I guess we are even.

The forum rules state that the vendor is allowed to respond then the thread gets locked, it cannot be deleted. So I will have to wait anyway.

andy46

I was actually thinking about changing my stance based on this post, its very well put.
But no, I still think this is the buyers problem now, not the vendor, even though it was his problem to start with.
But at this point, if Gene agreed to a 50% credit, that would make it a simple win win correction that would make him look good, and everyone walks away bruised, but not bloodied.

alxltd1

No, beg to differ. A stores return policy is an arbitrary imposition and in litigation will be looked on exactly as that. The merits of the argument will ultimately prevail. But as the OP has decided to cease pursuing his dispute it is a moot point.

Trios

OK, well, I'm not a lawyer, but if a return policy doesn't stand up in court, why even have one?

mchicia1

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%.

mchicia1

I am certainly not going to court over $50 (or $85, whatever I am technically out now), but thanks for seeing my case. I think you are 3 of 100 so far!