ED Diemer Trucking

Initial Business Response /* (1000, 11, 2017/04/19) */
Purchase was made on March 10th, 2016, and the warranty has already expired (we provide limited warranty for days from the original purchase day)
We cannot honor any claim from this customer because it has been more than year from his
original purchase
Initial Consumer Rebuttal /* (3000, 13, 2017/04/22) */
(The consumer indicated he/she DID NOT accept the response from the business.)
It's how they treat their customers that is so wrong with this companyThe worst I've ever experienced

Initial Business Response /* (1000, 9, 2016/09/23) */
Purchase made:
Total amount: [redacted] USD
Date: July 2nd, 2015
Time: 17:07:22 CDT
Shipped by FedEx on July 6th, 2015 (July 3rd, 2015 was the holiday for National day, and we shipped out the order the next business day; package was picked up...

by FedEx on July 7th, 2015, w/ tracking # XXXXXXXXXXXX). Customer purchased the 1-Yr warranty.
Customer returned the turbo to us on July 13th, 2016, and we received it by July 19th, 2016 - actually the 1-Year warranty has expired when the customer shipped back the turbo to us. After we received the turbo, our technical staff inspected the turbo, and our owner decided that we will still honor the warranty claim from the customer. Since this turbo was manufactured oversea, and we do not have the essential parts to replace the original ones, our owner decided to place an order from the manufacturer and asked the manufacturer to air freight the replacement parts from the manufacture facility oversea directly to us (we paid all the charge and international freight cost from our company and we did not pass any of them to the customer). We received the replacement parts by August 24th, 2016 during the afternoon, and then our technical staff and our owner worked onto the turbo together to accomplish the rebuild processing. And then the turbo was shipped out on August 25th, 2016 by FedEx, and it was delivered to the customer by August 31st, 2016, w/ tracking # XXXXXXXXXXXX.
After the customer received the turbo, they alleged that the internal wastegate of the turbo was damaged, while everything was good when we sent out the rebuilt turbo. When the customer called us after they received the turbo, they did not mention about the damage of the internal wastegate, but only asking something about the installation question(s). After that, they were saying that the internal wastegate was damaged.
And then the customer asked for a refund plus reimbursement of a total amount of [redacted] and alleged that they will contact an attorney and take legal action against us. Also we noticed that the customer left the following information onto the email they sent to us: [redacted], [redacted] College of Law, Arizona State University, 2016.
We explained to the customer that we cannot honor the dollar amount they requested, and we have our warranty policy onto our website public:
[redacted]
Warranty Claims
We are offering basic three months store warranty; Some parts are covered by manufacturer's warranty which may be longer than store one; If customer would like to buy longer warranty, please contact [redacted]@speedyracer.com for the quote on individual product
If a part was successfully installed, went into service, and then failed, it may be eligible for warranty replacement. You must report to us through our email within 30 days of the failure, we will issue a Return Merchandise Authorization (RMA) number. Parts that are covered by a manufacturer's or our Store's warranty may be returned for exchange for like product replacement. Refunds are not issued on warranty items.
The customer is responsible for all freight charges incurred with the exchange. This includes the original freight cost to the customer.
Only items authorized for warranty service that pass warranty inspection will be processed. Unauthorized customer warranties or warranty items that do not meet warranty criteria as stated by the manufacturer and/or speedyracer, or do not pass a warranty inspection will be denied and returned, if requested, at the customer's expense. Unclaimed denied warranty returns will be destroyed.
We are only responsible for product replacement per the manufacturer warranty guidelines. No other responsibilities or warranties are expressed or implied.
Buyer is required to follow our return policy for warranty claim.
The customer was not willing to follow our warranty policy, even though they were aware of that. Instead they gave us the following, which we did not agree onto:
"I understand that your website states "Refunds are not issued on warranty items." However, I believe you are misinformed on the law governing this transaction. This is the sale of goods and we are both merchants, therefore the Uniform Commercial Code (UCC) is applicable to our transaction- not a statement on your website. Arizona Revised Statute (Title XX) XX-XXXX and XX-XXXX provides remedies for buyers when sellers breach, as you have. Specifically, XX-XXXX and [redacted] state that we are entitled to not only damages for any non-conformity of product, but that we are also entitled to incidental and consequential damages that were reasonably incurred as a result of your breach."
We cannot reasonably know nor have any information about the fact that this customer will be a merchant, because they purchased the turbo from our website as an individual customer. And we have no idea whether Arizona law(s) will govern this transaction. Most importantly, we have expressly warranty policy provided to all our customers who made the purchase from our website, and we took care of this customer's situation accordingly.
In order to settle the situation, we provided two solutions to the customer: 1. We would provide a prepaid return shipping label to the customer to have that turbo back to us, and we will rebuild it again, but the customer refused; 2. We could simply send another internal wastegate to the customer so that they could replace it by their own, but the customer refused as well.
We have tried all our best, but unfortunately we cannot reach an agreement with the customer, and all our solutions were rejected by the customer.
Initial Consumer Rebuttal /* (3000, 11, 2016/09/29) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The dates the business provided are correct, as was thoroughly explained in the original complaint. However, they did not "do us a favor" by accepting the turbo after the one year warranty, they specifically informed us they would honor the warranty beyond the one year (see notations on attached invoice made by a business employee).
The issue is that we sent the turbo to them to be rebuilt under the warranty and it took them 6 weeks to complete the work and return the turbo. Then, when the turbo was returned no parts on it had been replaced and it was more damaged than when it was initially sent. See the pictures included in the original complaint for proof that the turbo had not been rebuilt and parts on the turbo were destroyed (including the waste gate).
We called and spoke with the owner regarding when the turbo was going to be delivered and what could be done to accommodate us for waiting over 6 weeks, there was never a call to the owner regarding installation. We are a business with over 10 years of experience, we have replaced turbos on vehicles before and needed no assistance with the installation. Furthermore, our cell phone records and documented notes indicate that the only time we contacted the owner was to find out the status of the turbo rebuild or to ask for a refund.
Most importantly, we WERE willing to follow the business' warranty policy... but they simply did not honor it. We sent a defective turbo to them for a rebuild and were told that is what they would do. Then, after waiting over 6 weeks (July 19th-August 31st) we received a returned turbo that had not been rebuilt and was even further damaged by the business- only for them to claim it had been rebuilt. The pictures speak for themselves, the turbo had not even been touched yet alone rebuilt! There were NO new parts on the turbo when it was returned to us. Then to add to the issues, they further damaged the turbo while it was in their possession and claim to have "no clue" how it got broke.
The business is stating that they provided two solutions to us, but we were never offered ANY solution. Instead we were asked to stop calling the business as they refused to do anything else for us.
They NEVER offered for us to send the turbo back for an additional "rebuild." They did offer to send us a waste gate to replace the one they damaged but that was the extent of their offers. So, at the end of the day we waited for over 6 weeks for a turbo to be rebuilt (under the warranty) and we received a turbo that had NOT been rebuilt and had been further damaged. Additionally, during this time we were paying for a rental car for the customer (because the rebuild took 3 weeks longer than the business had originally quoted us).
After 6 weeks of waiting we had a non-working turbo and an irate customer. So we were forced to go to plan "B" and purchase another turbo that we could get immediately and install to get the customer's vehicle back in working order.
Throughout all of these complications the business "hid the ball" they always had an excuse for what was going on and why it was taking so long. So time was an issue, but then when we received a damaged turbo that had never been rebuilt we were fed up. Enough is enough. We have been fighting back and forth with the company over a [redacted] turbo. This company is a fraud, they do not back ANY of the products they sell and they would rather screw the customer over and argue about it than have any kind of resolution.
They offered us no resolution- their resolution was to tell us to stop calling. We were NEVER offered to return the turbo for a rebuild, we were never even given an option to resolve the situation. They can have their claimed "rebuilt" turbo back, we just want our money back!