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**URGENT***Need Everybody's Input on a Situation.. Please read and give a verdict..

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4.9K views 67 replies 35 participants last post by  94Silver  
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#1 · (Edited)
**URGENT***Need Everybody's Input on a Situation.. Please read. PICS ON 3RD PAGE!!!!

Well here it goes.. I have been a member on this forums and gotten to know lots of people and have made many friends.. Sold many parts ranging from $100- $20000 worth of motor and turbo parts and have maintained a flawless 100% positive feedback over my 3 yrs on this forum.. I have developed a trust over the years where many members have bought stuff from me without any pics or anything b.c they know the kind of individual I am and my reputaion. They received their parts as promised or if they were not satisfied they received their money back without any questions..

Month and half ago, I had posted an Aristo Motor for sale.. It had 40k on it and a gentleman who has a NA supra emailed me who was looking to swap the motor in his car.. I answered all his questions day by day, going over his future plans although no one does that.. He woluld call around 11pm on saturday nights and ask me questions regarding what he needs to do and what parts he needs to acquire to do the swap and I would sit there and answer all the questions, I was being the nice guy I am.. In any case, he decides to get the motor and asks me if I will accept credit card.. I don't own a shop but just to help him out I asked my friend who owns a performance shop to let me use the credit card there since I want to help the guy out..

Everything goes through and while I wait for the money to drop in the bank, he calls me and says it seems like there is going to lot of work needed to drop the aristo motor in his car and wants to cancel the sale of the motor.. I am sitting there and scratching my head and pulling my hair out wondering what is going on.. Again, the nice guy I am, I told him that I have another motor which is available and that is a true supra motor which came from a 6speed supra in japan.. It will make his swap much easier.. I parted my own motor to help the guy out and lost some money on it but I didn't care since he wanted the motor..

Jimmy AKA 94SILVER is the moderator on the forums and he takes care of shipping needs for alot of members.. I have done business with him many many time and everything has been flawless.. He is a great person to deal with and provides good relaible service.. In any case, I setup everything with Jimmy to have the motor picked up from the shop.. Motor has been compression tested, overrall inspection was done to make sure it is in mint mint condition. It was tie wired to a pallet and nicely tied.

Week goes by and I receive a call from the customer that he went to pick the motor up and it is all scratched up and busted.. The Shipping company dropped the motor while transporting and damage was done to the motor.. I called Jimmy immediately and told him the whole situation.. He told me accidents happen but we are insured and not to worry about anything.. He will start the claim ASAP and we will get the money.. HE TOLD ME TO TELL THE CUSTOMER NOT TO PICK OR TAKE DELIVERY OFF THE MOTOR.. I called the customer NOT TO TAKE DELIVERY OFF THE MOTOR and we will get the money for the damages and HE WILL GET HIS MONEY BACK OR GET ANOTHER MOTOR once the claim goes through.. I immediately get the papers ready for the money he paid so I can fax them to Jimmy so he can do the claim. Jimmy calls the customer and tells him NOT TO TAKE delivery and just give him few days to set the claim up and work for the process.. I also go ahead and get a receipt of $4000 to fax to Jimmy. T
 
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#2 ·
Ok.. Soo Jimmy calls me back and tells me that the guy took delivery off the motor b.c his mechanic took a look at the pics of the motor and said it is fine.. Jimmy told him if you took possesion of the motor , HE WON'T BE ABLE TO HELP ME AND REGARDLESS HE TAKES POSSESION off the motor.. I was just amazed.. I told him that I won't be able to help him, he is on his own.. In any case.. I didn't hear from him.. He calls me yesterday stating that they installed the motor in the car and now is not turning and wants to know what I can do for himm.. I am just ready to explode but going furious.. I had told him but he was soo impatient that he didn't listen to the instructions that me and Jimmy were giving him and now this happens.. I will be posting pics later on .. Yea soo the customer tells me after couple weeks has gone by that motor is not turning.. He told me yesterday that they took the pan off to see if everything was ok.. Well everything looked ok under the pan so they don't know what is wrong. I told him that my hands are tied now.. I still call my supplier and told him the situation.. My supplier saw the pics of the motor where it clearly shows the oil pan completely busted when it was dropped.. One of the motor mounts just broke off the block so it was dropped from the truck or something to cause a solid piece to break off but the customer is telling me that it just rolled off the pallet and it didnt drop.. You guys tell me WHAT WOULD IT TAKE A MOTOR MOUNT TO SPLIT, AND BREAK OFF THE BLOCK/?????????????/ I want to know.. Can to bust a oil pan on one side and break a MOTOR MOUNT BY ROLLING OVER THE MOTOR???????? I DON'T THINK SOO.. Soo now I am being harrased by the customer and the mechanic that I need to warranty his motor and either give him a new one.. I dont see justice in this... All I did was help the guy and now I am being screwed majorly.. The mechanic has lied to my supplier numerous times so I know there is something FISHY GOING ON.. I talked to the mechanic last nigth and he tells me that they took the front cover off the motor , mover the cams and see if it moves.. He also told me that they took the pan off and everything was fine.. Now I get a call from my supplier and he told that the mechanic is saying that he hasnt touched the motor and he is going to take the pan off to see the condition of the internals.. The mechanic is giving 2 stories to us.. Now I am getting F***ED HERE AND I NEED YOUR GUYS HONEST OPINION.. I have been a respected member for a while and now it is being threatned and I want you guys to give me a verdict on this entire situtaion. I TOLD THE GUY NOT TO TAKE DELIVERY, HE TOOK DELIVERY OFF THE MOTOR AND NOW AFTER WEEKS CALLS ME AND TELLS ME THAT THE MOTOR IS NOT GOOD.. PLEASE help me here.. I will be posting pics ASAP SO YOU GUYS CAN SEE WHAT DAMAGED IT HAD WHEN IT WAS PICKED UP... Thanks

Sherbaz
 
S
#4 ·
He wants a new motor although I told him not to take possesion of the motor.. After weeks I hear that the motor is not turning over.

Sherbaz
 
#5 ·
Your definetly not at fault. He took possession of it when in fact you told im not to and that the motor was damaged. He has the motor, and now is the owner of it.
 
#10 ·
Let me get this straight.

1) the guy goes ot pick the motor up form the shippin company I assume where he discovers that it's scratches/damaged and then leaves without the motor.
2) He calls you up and tells you this, you tell him to not pick it up and that you are going to use the insurance to cover the damage.
3) He doesn't listen to you and goes back to the shipping company and picks it up thus voiding the insurance.

Seams to me anything that happens or was discovered after that isn't your fault. He shouldn't have picked it up after being insructed not to.

I would say they are on their own. Sucks to be him.
 
S
#11 ·
Yea.. The night he went to pick the motor he called me and told me the situation.. I told him not to take possesion and we will get him the money back from the shipping company or give him another motor.. He went back that night and came back the next after showing the pics , yea PICS ONLY to his mechanic and decided to take the motor ALTHOUGH ME AND JIMMY TOLD HIM NOT TO TAKE THE MOTOR.. It will yiled to void of warranty and NO CLAIM MONEY.. He decided he would and now this happens.
 
#12 ·
Seems to me IF this happens to end up in court, you guys filed the claim immediately before he even took delivery of the motor. This here shows that you were made aware of the damages and tried to remedy the situation. Your end was covered, your customer was notified and instructed on what to do but did not listen. He should "eat" this loss plain and simple!!
 
R
#14 ·
Sherbaz showed me the pics earlier... its definetly not your fault. The buyer accepted the motor when it was clearly damaged and its 100% the buyers fault even though Sherbaz has gone out of his way to try and help.

-Zohair
 
M
#15 ·
well it's not your fault since you told him not to take the motor from the shipping company and he did it anyway. so don't feel bad at all because if he had left the motor there the insurance would have paid for it so to hell with him that's what you get when you don't listen
 
#16 ·
its very simple, you told him what to do after finding out the engine was damaged in shipping, he decided to go against what you advised and took the damaged engine and he is now out of his money and a motor because he choose to not listen to you and the man who handled the shipping for you...

the problem you have now is he will most likely put a claim in against his credit card to get his money back from your friends account you put the card through..

at this point he is fucked and its his own fault for not listening to you... you can lead a horse to water, but you can't make him drink it....

jay
 
G
#22 ·
Sherbaz, you sound sincere! Sorry you are going through all of this.

You are definitely not at fault. You are dealing with an impatient person, who wont listen to explicit directions. Show him this thread. Send him a link, print it out, whatever.

The guy is a Class A moron. He needs to grow up and learn to deal with things or he is liable to burn himself. He will say you burned him or he got burned, but in reality, he burned himself.

0.02.
 
#24 ·
You shouldn't be at fault for the accident. There was nothing in your power to stop him. Granted, he did receive a broken item, therefore I'm not sure how it legally plays out. He was given an opportunity to fix the problem and he declined it...

Does the phrase, "Better late than never" only work with Birthday cards, or not? I guess thats the question.
 
I
#25 ·
You're definitely not at fault. I always tell our customers to be careful and inspect every package that they receive. They can just deny it if they feel it has been damaged and its as easy as saying no. But he was apparently very impatient and did the exact opposite of what you and jimmy told him to do. That's his fault. Nothing else you can do.
 
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