Date: Fri, 29 Jan 1999 22:03:10 -0800
Reply-To: "Steven X. Schwenk" <Steve@SCHWENK-LAW.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: "Steven X. Schwenk" <Steve@SCHWENK-LAW.COM>
Subject: Re: FI Wiring Harness FS
Content-Type: text/plain; charset=us-ascii
Mark, good point, but if they promised him that it was the right harness, and it was
not, at a minimum, that is negligent misrepresentation, if not intentional
misrepresentation, both of which constitute fraud. The statute of limitations on
fraud in california is at a minimum one year after discovery that it was fraud. It is
also breach of contract...the statute of limitations on that is 4 years. Also, there
are likely violations of consumer protection statutes. There are a multitude of
remedies available to a consumer in california and most other states for this type of
bull. If this happens to you or another list member, try calling the local district
attorney's office and the attorney general's office and ask for consumer protection or
consumer fraud unit, or if it is a small office simply tell them you have been the
victim of consumer fraud. We elect and pay these people to protect us, so use them.
It's free. the 30 day warranty would apply only if they delivered what they promised,
which apparently they clearly did not in this case. This is a very timely legal issue
given the national and global markets made possible by the internet. there is in law
enforcement a slant toward nipping such fraud in the bud as this marketplace emerges
in order to discourage open season on the net....which would taint the marketplace to
the detriment to everyone but perhaps the crooks.
steve
Mark Drillock wrote:
> Steve, I have no first hand knowlege of this but I seem to remember that
> when he first posted about this he stated that he had waited till long
> after the 30 day warrantee was up before he got around to checking the
> product. This is no excuse for any fraud, but it seems a reasonable
> position for the seller to limit his liability for any claim to the
> expressly stated time period. I can check my old saved posts file if
> this is of any importance. I have no relationship with the involved
> company.
>
> Mark Drillock
>
> Steven X. Schwenk wrote:
> >
> > Bill, if this was out-and-out fraud, let me know. I can help you. I suspect we
> > will get you a full refund. No charge. I am in San Francisco.
> > steve
> > p.s. I like Montana
> >
> > BILL wrote:
> >
> > > Well, I'm tired of trying to get my money back from my mishap with A-German
> > > Auto in San Jose, California. For those who don't know what I'm talking
> > > about...Last year I purchased a FI wiring harness from them that they
> > > guaranteed was the correct FI harness for my 82 Ca Westy and in good working
> > > order. To make a long story short, They basically hung up on me after the
> > > transaction had taken place and did not want to honor their word for sending
> > > me the wrong one and a broken one at that! I guess they figured, I was in
> > > Montana and too far away to do any harm. So if ANYONE has any desire to do
> > > business with A-German Auto---think again!
> > >
> > > Anyway, I paid $125 for this harness plus I had to fix it. I'm asking $50
> > > for it and guaranteed not DOA. This is for '80-'83 air-cooled Federal
> > > models.
> > >
> > > Thanks for the bandwidth
> > > Bill
> > > PS Stay as far away as possible from A-German Auto in San Jose, California.
> > > Guaranteed to rip you off!
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