Date: Fri, 23 Nov 2012 11:07:08 -0800
Reply-To: Al Knoll <anasasi@GMAIL.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Al Knoll <anasasi@GMAIL.COM>
Subject: Re: Recommend a Lawyer
In-Reply-To: <CAHbJSdXL+3cZVTkO4Rc80Qs=so8ZAkW0oiR-gS4-PUY9UVXSSw@mail.gmail.com>
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So Jon, it seems your 20+year old conveyance has problems. Perhaps
"looking inside" may help.
Be that as it may, the business, any business is all about meeting and
exceeding Customer (that's you) expectations. Look inside, what were your
expectations and did you communicate those to Bostig?
"Put it on the wall" is the very best method. The paper on the wall, read
and agreed to BEFORE the work, becomes the contract for the work to be
done. At the delivery time you both check off the expectations and the
warranty. Gotta be written down and agreed to by ya both. Else don't even
start til you're both agreed to the outcomes and how to verify them. As
the project proceeds and changes need to be made, the provider will have to
charge for these changes and that too is written down on the contract.
So what if the provider misconnects the lamda sensors and causes your motor
to run exceedingly rich which causes the exhaust to run red hot, destroying
the wiring harness and causing other unseen damage? Are you as the
customer responsible? Nope. Even though the provider accuses you in
person of not driving the car "right".
Now what if the unseen damage (perhaps ignored by the provider) causes the
brakes to fail? Or the engine to wear excessively requiring a rebuild or a
new motor. Who should pay for correcting the damage? Certainly not the
customer.
What all this means is that those aspects of the vehicle that were
functioning to specification before the work should be functioning to
specification after the work. Leaving the drain plug loose on the oil pan
will cause pretty rapid death of motor. Only two entities could have
perturbed the plug. The provider, a "certified shop", or the owner.
Howabout stripping one of the threaded inserts that supports the transaxle
Who should pay to repair the damages. The owner? I don't think so. Such
are clearly a shop responsibility.
However if the oil was leaking slowly and the owner was driving home from
the shop some long distance, things get pretty muddy with respect to
responsibility.
Legal action or the threat of legal action is never the course unless ALL
other paths have been explored. Look inside and reconsider.
Pensionerd.