Bobcat's Motorsports

Review: I purchased a $2730 ATV from the above company in December 2013 as a Christmas present for my 8 year son. It's been nothing but a nightmare ever since.He rode the ATV for 1/2 hour in December and this is when the breakdowns started happening. Every time we call the company it takes weeks to receive the part and now the parts are coming incorrect (two short of cabling, etc).The company's business manager told me these ATV's (like mine) made before December 2013 have a safety issue and that no more parts are made for them.I just want my total refund back so I can purchase a working ATV for my son and have a safe one for him too.Desired Settlement: BOBCATS MOTORSPORTS TERMS AND CONDITIONS OFCONTRACTS / SALES INVOICESVEHICLE SPECIFICATIONSMake:BMSModel:AVENGER-150(150CC UTV)Quantity:1Color:Green CamoFinal Price:(w/ 1 Year warranty)$2,730.001. This Agreement shall serve as supplemental terms and conditions to any and all agreements, invoices, and contracts, oral or otherwise, entered intoby [redacted] hereinafter referred to as BUYER and BOBCATS MOTORSPORTS, hereinafter referred to as SELLER.2. All sales of Motor Vehicles (or hereinafter referred to as Goods), are final and not subject to cancellation or changes without the SELLERSconsent. Additionally, no goods may be returned for credit or exchanged, without prior written consent from SELLER.3. If BUYER refuses delivery due to damage and is returned to shipper, upon inspection at the shipper, the damages are purely cosmetic and nostructural or mechanical damages are found, the vehicle will be repaired and shipped back to BUYER at buyers expense.4. SELLER does not guarantee del

Business

Response:

To whom it may concern,

Mrs. [redacted] purchased the BMS Avenger November 25,2013. Sometime after she receiving it we discovered that some of them had a manufacture defect in them. On 2/10/14 Mrs. [redacted] reported hers as being one of them affected. It was a simple fix, however she did have to wait to receive the part until 4/4/14 when the parts arrived in our warehouse for us to ship to her to fix the issue.

Then once that problem was fixed she had a second issue, their muffler fell off burning a hold in their brake line. They submitted this to us on 4/30/14; We processed the claim on 5/1/14 and shipped out the replacement on 5/22/14. She received the parts on 5/30/14 on 6/3/14 reported to us that the brake line that was sent was too small and the connection was wrong. I asked them for pictures of the connections and the pictures were blurry so we were not able to see the connection to make any match to a part. On 6/6/14 BMS sent them another brake line off of a floor model so we would make sure that it was the correct part. When that part arrived Mrs. [redacted] said that one was too small as well. So we sent them a label for 2 day priority USPS mail for them to return the 2 wrong brake lines along with the broken line they have so that we could match up the brake line and the connection send them the correct part and they refused to do so.

We have been working with Mrs. [redacted] without fail with any problem that she has had. We have not asked her to pay anything for shipping nor will we. We have not given her any type of difficulty in regards to her claim in any way and we are willing continuing to help her with her issue. We would request that Mrs. [redacted] return the Brake lines in the postage paid box that we have provided so that we can match up the parts that she needs and we will priority mail back the correct part that she solving the problem without any further delay.

As for her request for a return, her father who she has been in contact with us about repairs has told us that the Avenger has over 100 hours of use on the machine, and it is more than 6 months old which is well beyond our return policy period. I have copied our return policy below for you which Mrs. [redacted] signed before she purchased her Avenger:

RETURN POLICY:

BUYER must notify SELLER in writing within 3 days of receiving the motor vehicle. All vehicles must be returned in brand new condition and sealed in manufacturer's original packaging, there are absolutely no refunds or returns/exchanges allowed for any items that are assembled, used or fueled for any reason as the vehicle would be considered used. BUYER is responsible for:

• Returning Goods: in new, resalable condition: Must arrive unused in its original packaging, complete with all accessories and user manuals. BUYER will be given a full refund less a 30% restocking fee and shipping charges.

• Paying all costs for return shipping: Since BUYER is also responsible for any damage that may occur during the return shipping process, if item is damaged and not in resalable condition or if any original parts, accessories, documentation or packaging are used, damaged or missing BUYER will be given a full refund less 30% restocking fee, replacement parts/labor costs to return vehicle to resalable condition and other shipping charges.

• BUYER must contact SELLER: prior to returning any items and request an RMA number. Any item returned without Seller’s approval or without an RMA will be refused and returned to BUYER at BUYERS expense.

SELLER uses a third party LTL (Less Than Truckload) trucking company to delivery motor vehicles, orders may NOT be cancelled or refused on the basis of extended transit schedules since SELLER has no control over the shipping company. BUYER may cancel order if the vehicle has not been shipped and BUYER will be charged a 10% cancellation fee. If BUYER chooses to cancel order once it has been shipped, or refuses to accept the delivery if there was no structural damages beyond repair, or decides to return a brand new vehicle due to defective/missing parts or incomplete assembly/tune-up, a 30% restocking fee plus all shipping costs to and from Seller’s location will be deducted from Buyer’s refund, no exceptions. A full or partial refund will be issued within 7 business days after SELLER authorizes a cancellation or receives a returned vehicle.

Consumer

Response:

I am rejecting this response because:

I am writing in regards to Complaint #[redacted] that was closed before I had a chance to respond. Please follow the email with pictures attached.

I have not been satisfied with the service from Bob Cat Motor sports(BMS) as they have delayed multiple repairs for faulty parts on a new youth UTV since January 2014.

Even though several attempts were made to get parts to us we waited approximately 2 months to get the first 2 parts from China and it is now July and we still don’t have this UTV properly repaired after several faulty parts reported.

Any other company that warrants parts would have to send purchased item to a dealership for repairs and pay the service department.

These parts were replaced by my father and husband. What would bob cat motor sports have done if my husband and father were not mechanically inclined.

Not long after the 1st incidents were fixed another part was found to be faulty. The muffler fell off onto the brake line and burnt a hole through the line causing the oil to leak and UTV to smoke and potentially catch fire, with my child on it. I was told by staff that the UTVs that were made before Christmas 2013 have had multiple problems, including one that had caught fire because of oil. This is a major safety concern. I was also told that the parts for the UTV that we purchased are no longer available because this model was faulty and they are no longer making them.

Twice, we received incorrect brake line length, after several communications with parts team about the correct length. My father then spoke with the parts team again, who then tried to convince him to piece together 2 brake lines to make the correct length. Staff commented that they didn’t have a brake line to fit that model.

We also found that 2 wheel spindles are bad and requested for those to be replaced, we received only one, after requesting for 2 months. Still no brake line!

In summary:

I purchased a new youth UTV from BMS in November 2013, paid in full for my sons Christmas gift. In early February 2014 we started having issues with faulty parts, taking months to get resolved and shipped to us. Once parts received we spent several hours of our time replacing parts on a warranted purchase. It has now been over six months and I still don’t have my paid in full UTV repaired properly and to meet safety requirements. I have spoken the owner “[redacted]” and no effort was made to accommodate for a faulty UTV. He commented that “they have done their part by replacing the parts” I have been collaborating with BMS for over 6 months without any resolution. My request is to refund my money in full.

Business

Response:

To whom it may concern,

First, I would like to start by stating that we are not BMS. BMS is a separate and distinct company. They are one of the wholesalers and importers of the vehicles that we provide. We are Bobcats Motorsports, a California DMV dealer. It is just a coincidence that their name is what our name would be if you were to shorten it; we have no owner affiliation at all, it is just a business relationship.

The gentleman, [redacted], that Mrs. [redacted] speaks of is not an owner of either company. He works at our supplier (BMS) in the parts department and deals with the mechanics and warranties for them.

We have tried to work with Mrs. [redacted] as much as possible. The warranty for her vehicle is not a dealer warranty, it is a manufacturer warranty through BMS. We, as her vehicle dealer, have helped her and facilitated her claims as much as possible. BMS has sent her multiple parts, never once giving her any type of difficulties. They have been out of stock on parts, but they have ordered the parts for them from China and BMS had sent them as soon as they have arrived.

Recently, Mrs. [redacted] has refused to continue to work with us. BMS had sent her brake lines on two separate occasions. She said that neither of them fit due to the length and the fittings on the ends. BMS asked for pictures to see the fittings; the pictures that were sent by Mrs. [redacted] were blurry to the point that there was no way to determine what type of fitting that were needed. It was not possible for BMS to send her the correct parts. At this point, BMS requested that Mrs. [redacted] send them the faulty part back to them so that they could match it up and send Mrs. [redacted] the correct part, which is within their right to require as it is stated in the warranty contract that she signed. Bobcat's then paid for the shipping and sent her a return label so she would not have to pay for shipping, but Mrs. [redacted] refused, and as of today, she has not sent the brake line to BMS, and BMS will not send her another brake line, without having her faulty part to match up the fittings.

Mrs. [redacted] talks about the wheel spindles going bad, however, looking through all of the emails that she sent, she never specified that two were bad, therefore, we automatically assumed that she only needed one, and BMS sent the wheel spindle that was requested. We cannot know when a customer needs multiples of things, unless they specify the exact quantity that they need, which Mrs. [redacted] never did. We want our customers to be satisfied with their purchase, but the customer does have to communicate with us and follow the manufacturers warranty procedures, which Mrs. [redacted] does not want to do.

As we stated in the previous response, Mrs. [redacted]'s father stated her vehicle has over 100 hours of use on it, which a conservative estimate would be about 2500 miles, and it is more than 6 months old, which is well beyond our return/refund period. BMS will replace the brake line if and when she sends it to BMS, as they requested. They will also send her out the second spindle and we will continue to work with her.

Consumer

Response:

I am rejecting this response because:

All through this process it's has been unclear who is the dealership or the company. Nevertheless [redacted] has always been pleasant and tried to accommodate. Although parts were requested it was the length of time and wrong parts that are concerning and not satisfying. Again the UTV is faulty and unsafe. I have never received a package to send the brake lines back. The pictures I provided were not blurry. They are attached in the submission of complaint.