ASF Machine

Complaint: ***

I am rejecting this response and my response of facts is as below:

Firstly, it is noted that it has taken Mr Joe H of ASF Machine some 91 days to respond to the Revdex.com complaint.
Secondly, it is correct a written quote was provided to me on 29 March 2017 and a copy is attached at Exhibit 1 for the initial quote that totalled US$21,811.84 and not approximately $14,000 as asserted by Mr H.
A revised quote was provided by Mr H of ASF Machine on 8 July 2017 totalling $14,561.84 as per Exhibit 2.
Mr Joe H of ASF Machine’s assertion that the project was to take a year to a year and a half is incorrect.
The works were to take 3 months from the receipt of the core engine block, and when the 3 months was up (namely October 2017), I started getting increasingly frustrated with the lack of response as well as the vague outlines by Mr H of ASF Machine as to what work had been completed and what parts had been ordered.
I attach Exhibit 3.1, email on 27 September 17, detailing my concern that I will miss the Race Season in OZ (Nov 17 to Jan 18) due to the delays by Mr H.
I was assured that the works would be completed by November 2017. I attach Exhibit 3.2 that shows the email discussions and my frustration with the continuing delays in November 2017.
I attach Exhibit 3.3, email to Mr H on 12 December 2017, whereby he assured me that machine works will be completed by 22 December 17 as per the phone call I made to Mr H.
I attach Exhibit 3.4, email to Mr H on 20 December 2017, asking for status on the machine work as well as whether the Conrods and Dry Sump Kit had been ordered. It is clear in this email my frustration with the delays by Mr H.
I attach Exhibit 3.5, email from Mr H on 22 December 2017, responding to my concerns about the deposit money being used elsewhere as well as the significant delay in Mr H performing his obligations.
It is clear from the supporting documents provided above that the Project was not to take a year or a year and a half as asserted by Mr H.
I remind Mr H the obligation to be truthful in the accounts of what has transpired.
It is correct that I provided the core engine block and that Mr H from ASF Machine paid for the freight. The core block was received by ASF Machine on 27 July 17.
It is incorrect that Joe from ASF machine provided an incoming wire transfer account number for the initial deposit. The initial deposit was made on 11 July 17 via Paypal.com, see Exhibit 4 and 4.1 for further details.
In regard to UNSOLICITED deposits into an incoming wire transfer account of ASF Machine, this is factually incorrect.
Firstly, if the deposit amounts were UNSOLICITED, then why did Mr H provide the incoming wire transfer account details and furthermore, why did he not instruct me to stop depositing further funds, namely the wire transfers on 31 July 17 in the amount of $3,500, 10 August 17 in the amount of $3,500 and 26 September 17 in the amount of $3,000.
Mr H from ASF Machine was happy to receive and use the Deposit amounts I gave him.
I attach Exhibit 5, in support of the above that shows that on 19 July 2017, Mr Joe H provided the incoming wire transfer account details, some 8 days after the initial deposit of $1,500 via Paypal.com which is an instant transfer method performed on 11 July 2017.
I refer you to the statement by ASF:
“By late August, Mr *** had made a few changes to his requests, changing specified hardware size from 11mm to 14mm as well as requesting deck supports (in invasive process that fills the normally open water cavity at the top of the cylinder deck with additional aluminum, adding a good bit of engineered drawings and machining) in addition to cylinder liner sleeves.”
The above statement is incorrect and a fabrication of facts. Please refer to Exhibit 1, where on the quote provided by ASF Machine on 29 March 2017, it is clearly written “Counterbore/Ream & Thread 14mm ARP Studs” in the amount of $450.00.
This “Counterbore/Ream & Thread 14mm ARP Studs” is also clearly written in the revised quote provided on 8 July 2017, Exhibit 2.
The works for “deck supports” mentioned above is also clearly written on the quote provided on 29 March 2017 and 8 July 2017 under “Closed Deck Counterbore & Deck Insert SUB:CNC” in the amount of $1,200.
Mr H’s assertion that I changed my request in the above statement is factually incorrect and a clear fabrication of facts.
I refer to the below statement by Mr H:
“By September we had received the vast majority of these bespoke parts all except for the drawings and creation of the deck support inserts from one of our vendors.”
Again, the above is factually incorrect!
At no point has Mr H provided documentary support (invoices) as evidence that he has bought the required parts (pistons, conrods and dry sump kit) from third party suppliers.
I provide Exhibit 6, email dated 19 October 17 from Mr H that “Pistons will be here at the end of this week or early next week”.
I provide Exhibit 7, email dated 22 December 2017, raising my concerns as to the status of the parts that were to be ordered and received by ASF Machine and Exhibit 3.5, response from Mr H that he will not have the Dry Sump kit until the end of January 2018.
I am perplexed as to how Mr H of ASF Machine can attest to having the “vast majority” of the bespoke parts in his possession by the end of September 2017 considering the above.
I again remind Mr H the obligation to be truthful in the accounts of what has transpired.
I refer to Mr H’s comment below:
“It took well over 6 months to get engineered drawings for the above mentioned "cylinder deck supports."
I provide Exhibit 8, email dated 21 December 17 from Mr H assuring me that the engine block is with the machinist for sleeve and deck work to be completed after the Christmas weekend. Needless to say, the above did not occur.
I provide Exhibit 9, email from me to Mr H on 16 Jan 2018, raising concerns that I am being misled.
I provide Exhibit 10, email from me to Mr H on 22 Feb 18, asking for an update and that I am considering my options.
I provide Exhibit 11, email from me to Mr H on 24 Feb 18, notifying its time to rescind the contract due to non-performance.
I provide Exhibit 12, email discussion with Mr H on 2 March 18, purporting to have the works completed by 9 March 18. Needless to say, the above did not occur.
I provide Exhibit 13, email from me to Mr H on 26 March 2018, to which I did not get any response.
I provide Exhibit 14, email from me to Mr H on 4 April 2018, raising concerns that I have not heard from Mr H in a month.
I provide Exhibit 15, email from Mr H on 12 April 2018, suggesting that the major work of sleeving and close decking has been performed and that Mr H would be picking the block up. I am being misled here again as we now know that no machine work has been performed on the core block.
I provide Exhibit 16, email from me to Mr H on 28 April 2018, raising concerns as to me being misled again.

I provide Exhibit 17, email from me to Mr H on 15 May 18, to detail costs for the parts that he says he has bought and to provide either a full refund or a partial refund.

I provide Exhibit 18, email from Mr H on 16 May 18, continuing to mislead me.
I provide Exhibit 19, email to Mr H on 7 June 18, raising concerns that he has not responded since 16 May 2018.
I provide Exhibit 20, email from Mr H on 8 June 18, continuing to mislead me.
On 3 July 2018, almost a month after the last correspondence received from Mr H, I lodged the Revdex.com complaint.
No correspondence was received from Mr H of ASF Machine either by Revdex.com or myself until I approached Mr H on 6 August 2018 as per Exhibit 21 and approached a prominent intermediary to intervene.
Refer to Exhibit 22, various email exchanges between Mr H and I, from 8 August to 24 August 2018.
Refer to Exhibit 23, email from Mr H on 21 August 2018, asking me to sign a Confidentiality Agreement (Exhibit 24), a document that made very little common sense to the actual event that transpired. This document allowed Mr H limitless time to repay me as per the Agreement and did not mention when the parts purchased by him will be sent to me, nor the condition and cost of those performance parts. It was also quiet on when the engine block would be returned. Needless to say, this document was deficient and reminiscent of an attempt at a “gag order”.
I refer to Exhibit 25, email from Mr H on 31 August 18, whereby he finally confirms that he has the 3 bespoke parts and that he has given the Draft of the Deed of Release (Exhibit 26) that I prepared on his behalf and sent to Mr H on 24 August 2018 for review by ASF Machine’s paralegal.
In good faith, I amended my reviews to appease Mr H on Google.com and Yelp.com but it fell on deaf ears.
On 6 September 2018, I sent an email with a letter of demand (Exhibit 29 and 30) with the 2 options of resolving the matter. Mr H did not respond neither did Mr H provide a full refund or a partial refund together with the parts he purports to hold.
I refer to Exhibit 27, whereby no contact is made by Mr H until I reached out to a respected third-party intermediary following which I get a response from Mr H on 3 October 2018 and the following Promissory Note (Exhibit 28).
I may agree to his Promissory Note but he is trying to put a “gag order” on me at the same time in the Promissory Note. Should Mr H not hold me to Duress and take the contentious part out of the Note, I will consider signing the document.
I am also not sure why payment to me is dependent on an internal audit on Mr H of ASF Machine by his own bank from which Mr H has already used the $11,500 provided by me for his benefit as well as to buy parts.
The other matter is I have already waited 91 days since the Revdex.com complaint, and now Mr H wants me to wait another 30 days as per his Promissory Note.
The reason I am wary of taking parts from Mr H is that there is no trust left in this situation and I no longer trust that the parts are new and undamaged.
The facts are:
1. Mr H of ASF Machine made a representation to me that he can have the machine works performed;
2. Mr H of ASF Machine provided a quote for the works which was accepted by me;
3. Mr H of ASF Machine received $11,500 for the works;
4. Mr H of ASF Machine was unable to complete the machine works by November 2017 as stipulated;
5. Various promises were made by Mr H from December 2017 to May 2018;
6. The contract to build me a Subaru short block was rescinded on 15 May 2018 due to non-performance; and
7. Mr H of ASF Machine has been unable to provide a full refund OR a partial refund of the unused deposit and return the engine core and provide the parts that Mr H purports to have bought and holds to this day.

I want my refund so that I can move forward without the continual delays and incorrect details being given by Mr H of ASF Machine in resolving this matter.

I am also unable to attach further files (Exhibits) in support of my response, please provide an alternative to allow me to send the Exhibits mentioned above. I am providing a Dropbox link of the Exhibits.
***.

Regards,

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[To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]