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01-26-2012, 12:40 PM | #617 | |
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the op could've fooled BMW if it wasn't for the crazy 198 mph....now wants AA to buy him a new engine. |
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01-26-2012, 12:51 PM | #618 |
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There I no concrete proof that the car was driven at 198 MPH. Or that it was overevved. Please show me the proof.
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01-26-2012, 12:55 PM | #619 | |
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Case closed.. to think about lawyering up is an exercise in futility ---------------------------------------------------------------------------------------------------------------------- Here are the terms and conditions off of AA's site: This warranty is limited to repairs and/or replacement of the product or part found to be defective without charge. Active Autowerke reserves the right to refund the complete purchase price for the defective item and will not be held liable for losses or damages arising from the defect. If a part or a component from an Active Autowerke product, system or kit is found to be defective, this warranty shall apply only to the defective part or component and shall not require Active Autowerke to repair, replace or refund the complete Active Autowerke product, system or kit. Active Autowerke cannot accept freight costs of any returned merchandise to Active Autowerke for inspection and/or returns. A 20% handling charge for all returns may be applied. Under the stipulations of this warranty, Active Autowerke will in no way be liable for exceeding the original purchase price of the defective product. This warranty does not include the cost of removal or reinstallation of the product. No person or representative is authorized to extend any warranty and/or liability (other than that which has been expressed herein) in connection with the sale of any Active Autowerke product. Active Autowerke disclaims any and all liability for any implied warranties, including the implied warranties of merchantability and fitness for a specific purpose. Under no circumstances shall Active Autowerke be liable for any incidental, indirect, specific or consequential damages arising from purchaser's use of the product. -------------------------------------------------------------------------------------------------------------------------- |
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01-26-2012, 12:59 PM | #620 |
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I have being following this thread from the start, but I haven't commented as I'm not an expert on BMW cars. I'm not in favor on the OP or AA. I guess we'll have to let the facts speak for themselves.
Is there another reason why the OP decided to go public (besides provide his experience with AA)? Does he want partial refund for the engine cost? Is it related with his new business venture? Who fed him information about the two other vehicles that might have AA related issues? On the other hand, I am not very happy on how AA handled this situation. If OP's former company was a dealer of AA products (post 1), I'll expect a little more from AA to keep a good business relationship, which both probably benefited of. Also, OP claims he was a beta tester (post 587). Doesn’t tester get a free/discounted price on whatever they are testing (depending on what both parties agreed)? OP should be aware of potential problems and AA should be providing better support. Yes, there might be a legal agreement when the blower was installed, but that doesn't give AA a free pass. In my opinion, if OP drove the vehicle in a way that the car wasn’t tuned for or modified the vehicle after AA installation, then it should be OP's fault. However, if AA didn't install or tune the car properly, then it should be AA fault. It also could have being OP car had a weak engine from the start. I guess the bottom line is to ask your SC kit provider on what is covered under warranty before making a purchase. |
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01-26-2012, 12:59 PM | #621 |
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id like to see this get hashed out in court. probably the only decent closure we could get
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01-26-2012, 01:06 PM | #622 | |
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the OP states he never signed any paperwork, so I don't think that some text on their website will work as a contract. When ever I have work done on my s2k or buy after market parts, I expect to be taken care of if I have any kind of problems with the product or service. I guess its up to the OP to prove that the AA supercharger or the tune caused the engine failure, but I also feel that AA has not been 100% honest.
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01-26-2012, 01:12 PM | #623 | |
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Go to law school guys and then maybe you will understand what I am talking about. |
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01-26-2012, 01:14 PM | #624 |
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I disagree with this. It's not as black/white as you are making it seem.
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01-26-2012, 01:17 PM | #625 | |
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lol what if the OP never visited their website??? would it still be an implicit agreement?? That's why whenever you have your vehicle serviced, they have to get a work order signed.. or when you buy a car you sign a shit load of paper work and contracts. otherwise id walk into a dealership buy a car or product without signing anything?? meaning if you signed it you acknowledged that you have read it. by the way do you know what an implicit agreement is?? maybe your talking about an implied in fact contract?? http://en.wikipedia.org/wiki/Implied-in-fact_contract http://en.wikipedia.org/wiki/Statute_of_Frauds by that way:: Contracts for the sale of goods involving a purchase price of $500 or more (proposed Amended UCC § 2-201(1) requires a writing for contracts for the sale of goods of a price of $5000 or more).
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Last edited by apme123; 01-26-2012 at 01:27 PM.. |
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01-26-2012, 01:19 PM | #627 | |
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01-26-2012, 01:27 PM | #628 | |
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You have a LONG way to go to prove AA had a manufactuer defect in their SC..and either way its moot b/c the disclaimer would superceed this..they have complied with what they need to vie se vie refunding the cost of the Supercharger Too many internet lawyers here |
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01-26-2012, 01:30 PM | #629 | |
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01-26-2012, 01:36 PM | #632 | |
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the OP didn't bitch about BMW voiding his warranty based on the recorded top speed, we can go on another wild goose chase tryin to get BMW to pay for the damage. The op thinks it's ok for BMW not to replace his engine bc the top speed yet expect aa to come through. I guess he holds AA to a higher standard than BMW. |
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01-26-2012, 01:39 PM | #633 | |
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01-26-2012, 01:40 PM | #634 | |
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01-26-2012, 01:44 PM | #635 |
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Court? This will never work. Besides the agreement, OP stated that he returned the motor back to stock and tried to get it fixed under warranty because someone at AA told him to do so. Where is email or wire tap of this conversation? Couldn't AA's lawyers bring this up in front of a judge? wouldn't that destroy the OP's credibility?
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01-26-2012, 01:46 PM | #636 | |
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AA could have simply ignored all of this as they clearly have the law on their side..but obviously they choose to engage this topic to protect their reputation and/or market share. To quote Brendan Behan (Irish author & dramatist) - "There is no such thing as bad publicity except your own obituary" AA will make it through this just fine..the OP?...not so much |
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01-26-2012, 01:48 PM | #637 | |
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01-26-2012, 01:48 PM | #638 |
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I would like to know this as well.
I have a few attorney friends I could ask. Other than that, maybe I'll put a call into my attorney and ask, but he charges $800/hour and bills in 15 minute increments!
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