mchicia1

Before I even start, I will admit that this is *partially* my fault. I did wait a lengthy amount of time to try to resolve this issue. However, I have hard evidence proving my issue with the vendor, so really time does not matter because those documents do not expire and the fact remains that Gene has my money and I have no parts and that is DOCUMENTED (and he knows this, as he admits in his final response to me).

Ok on to my issue with said vendor...will try to date everything. Pretty easy to do actually since I have *RECORDS* of everything.

03/30/10
I order an LS2 timing chain from Gene and receive a UPS package from him shortly after (did not open it)

April 2010
I do a cam swap on my GTO, but did not swap the oil pump and chain due to not being able to get to certain bolts to drop the pan. UPS box still remains unopened in my basement.

August 2010
Oil pump craps out in the GTO, I need to pull front cover and replace. Obviously, I was going to replace the chain this time with my ls2 timing chain that I thought I had received which was still unopened in my UPS box in the basement. I go downstairs and open the box...what do I see...some sort of valve part, not a timing chain. It has the receipt of someone else's order. Ok no big deal, order mishaps happen all the time.

I exchange an email with Gene telling him about the mishap. I include the name of the person who's part I received and explain to him which part it was. His response was:

"Hello Michael,

I’m sorry to hear that, I apologize. I remember having a problem with that valve missing, so it is no problem. Send it back and I’ll refund your monies for the chain.

Thanks. Gene."

August-September 2010
I had a multitude of issues with my GTO. My clutch blew up, rear end blew up, and my lifters took a turn for the worse which took out my cam bearings. It is understandable that I forgot about the timing chain mishap considering I had so much more going on and was spending thousands of dollars elsewhere to get my GTO on the road again. I eventually sold the GTO to forum member A_VAS because I couldn't deal with the last failure (the lifters). So not even having an lsx based car anymore, I simply forgot about the valve part sitting in my basement.

8/14/11
I now own a 1999 C5. I am doing a clutch and cam swap soon and I need to order hundreds of dollars of GM parts. I recently finished cleaning my basement and remembered that I never sent back the incorrect part Gene sent me. I figured since I still had records of everything (our email exchange, my old order receipt, as well as the order receipt of "John Smith" and his valve part) he would have no issue crediting my $300+ dollar purchase with the $50 he still owed me. Again, I was not asking for a refund or the timing chain because I knew it had been a long time. However, I was going to support his business by ordering $300+ (possibly $500+) in parts and figured he would do the right thing and comp me the $50 towards my purchase for the timing chain because again, I *still* at this point have every record indicating his mishap, so even if he forgot, I had PROOF of the issue.

8/15/11
I ship the valve on my dime back to Gene and email him the tracking number. Right away, he denies the issue and will not issue me a refund. Ok that is understandable, it has been a while so he probably forgot, no big deal I thought. So I send him another email and kindly forward him our old email exchange and give him my order number as well as John Smith's.

Well, this wasn't enough. We exchange numerous emails and all he does is link me to his policies, which in his defense, clearly state after 30 days there will be no returns. HOWEVER, how can one return something they never received? I clearly never received my timing chain and he knew it, so this "policy" really does not apply.

8/16/11
The valve arrives to Gene's facility. I send him an email this morning and remind him that it has arrived. I get no response. I then send him a second email, again linking him our old email exchanges, my timing chain order number, and John Smith's information. Keep in mind, at this point I do not know if he thinks I am trying to scam him or he simply forgot or did not read my forwarded emails (and at this point I am still giving him the benefit of the doubt, because he has not admitted yet that he sent me the wrong part, so maybe he still has not remembered). In this email, I also tell him he can either credit my next purchase (which he knows will be *HUNDREDS* of dollars, what vendor wouldn't want that?), refund my money, or send me my timing chain or I will consider it theft (this was the 12th email exchanged, so it is not like I went right to the theft accusation right away).

He finally responds and again denies my claim. We exchange some less than professional emails at this point and I will include his last response because he finally admits that he sent me the wrong part.

"No I’m not denying I sent you the wrong part. The fact of the matter is any errors have to be reported within 30 days. Within that time frame I will accept full responsibility. After 30 days you can go fly a kite. Now I was nice enough after you procrastinated for six months the first time and I allowed the return, but since you waited six months yes, I thought you should accept some responsibility for your actions. So I required you to ship it back. Now that you’ve waited a year to do anything again, I’m washing my hands of it. The lesson learned here is don’t procrastinate. And now that you’re bothering me and acting like I’m a criminal I’m not going to do jack for you. I don’t do anything for anyone acting like a two year old[/B]. So do me a favor and stop bothering me.[B] If you have a problem with me.. let’s talk it out face to face."

Bolded point 1: Gene admits sending me the wrong part, so obviously the time that has passed did not cause him to forget. This along with the documents I have is 100% proof that he is liable and at fault.

Bolded point 2: No actually, that is incorrect. The policy states: "No returns after 30 days, period, for any reason at all". Ok well, I cannot return a part that I never got, so this doesn't really apply does it? No where does it say you have to *contact* the vendor in 30 days.

I will state again, I am admitting that I procrastinated as that is also documented. However, this is offset by having a paper record of everything AND having the vendor ADMIT that he sent me the wrong part.

So to sum up:

I am out $53.45 for the chain.
I am out $10 to ship the incorrect valve back.
I am now void of the $22 valve that was sent to me.
Total of $85.45

Gene has my money and ADMITS it and it is DOCUMENTED
I have ZERO parts or credit towards my incorrect order

egrand333

You waited more than a year to return the part? I would agree 100% with Gene.

_r2h

I don't really have much sympathy for you. You waited basically a year to actually put forth the effort to _really_ resolve the issue. Far as I am concerned he went out of his way to help you initially and you dropped the ball.

If you think you can win a claim with your credit card, go for it, but I don't think you'll get very far.

mchicia1

You are entitled to your opinion, but when the fact remains that I have zero parts and he has my money, how is that not theft if he admits to it? Regardless of the duration of time between emails, this would have never happened if he sent me the right part. He is liable. It is not like I received the CORRECT timing chain and suddenly a year later decided to return it. No, I got the WRONG part. Two totally different things that require different actions.



I am not asking for sympathy. You really think I care about the $50? It is a matter of principle. A man admits to having my money and admits he sent me the wrong part, the time does not matter in this case because there is documentation.

Actually, no he did not go out of his way to help me initially. He did not even send me a shipping label to ship it back to him, it was to be paid on my dime regardless of if it was the right part or not.

As for the credit card, since again I have all the documentation, I don't see how I wouldn't win. Documentation does not expire.

Mr.Bill

I hope you learned from this, I alway check my purchase right away, I am sorry, But I feel you don't have any right to a refund after almost a year and 4 months before you sent item back, In my opinion I feel you are being very unrealistic.
Mr.Bill

pewter99

I think we need Gene's response...I emailed him to reply

Baxsom..please read the rules..if you have an issue you need to start your own thread..

Tact

Unresolved disputes

[LEFT]Moderators will try to leave such threads open until everybody with direct knowledge of the issue being addressed has had a chance to provide their version of the facts. The thread must not become a running debate on the accuracy of the “facts” and may not deteriorate into an exchange of personal attacks. Neither should be used as an opportunity for speculation by those who do not have direct knowledge of the issue.[/LEFT]

Tact

I just sent him a PM as well.

SSmokinSS

$$$frumnuttin'

well, I don't have to read your novel, but Gene has a great reputation on this forum....I'm shocked that you both haven't resolved this...seems very odd this happened.

sfc rick

Bobd207s

I have to agree with the OP - he never did receive the parts he paid for. I would expect that the vendor would honor the sale by shipping the chain or issueing a credit.

mchicia1

No, I definitely learned from this. I am just shocked that a vendor wouldn't credit me a measly $50 towards a hundreds of dollars purchase.

I have had great experiences with other vendors on here. Hell, monster clutch sent me a brand new clutch based on PICTURES alone of my blown clutch. Vendors like marylandspeed have negotiated prices with me over the phone.

pewter99

Right from the website:

No returns on electrical or special order items (no exceptions)
All parts must be in their original packaging and be in the original condition
All returns subject to a 20% restocking fee
No returns after 30 days, period, for any reason at all
Customer must pay any costs for freight back to us for return
Freight costs to get the part to the customer originally are not refundable

mchicia1

Sorry, I just tried to include all of the details because I knew I would get jumped on for procrastinating, however, if you read the details it does not really matter that I waited a year.

mchicia1

Yes, I stated that in my original post already. However, how can you return a part you never received? When the vendor makes a mistake, it is now their responsibility.

f6john

We only have one side of the story BUT in my opinion two wrongs don't make a right. If I make a mistake, I am not relieved of the responsibility of correcting my mistake just because the second party involved made a mistake also. I was in retail management for 20 years and self employed for the last 20 years and you just have to suck up a few things along the way even if you feel like you have gone the extra mile with someone. If you made an error, go the second mile, it will always come back to you.

pewter99

and as I posted if you read his policies you would have known not to wait...people crack me up who do not read vendors policies and then complain later.

I have seen this happen with other vendors people expect them to make exceptions for them because they didn't understand the vendor policies before ordering.

at any rate I am sure Gene will post his side when he gets back online and you two can go from there

pewter99

I can't say as he hasn't posted his side...I guess my thinking is how long do you expect him to wait for you?

mchicia1

So it is my fault I was sent the wrong part, is that what you are saying? Having a dispute for the wrong part received is not the same as trying to return the correct part after 30 days.