Frankie Cober & Sons

We are in receipt of the correspondence mailed to us in regard to the complaint filed by[redacted]. We had a meeting with Cummins distributors on November 24, 2015.We are not sure why this was filed before the scheduled meeting was to take place. Itseems a bit premature on their part.We are...

willing to reimburse for balance of Cummins Warranty given to us and partialtaxes. We are working on a resolution at this time concerning the balance in question.If you need any further information, please call us at the above number.Thank you for your time,

Review: Our company ATS Inc. had a catastrophic engine failure and it was determine to be warranty after all repairs were paid out. We received a reimbursement check for $28,476.00, but when asked about the remaining amount we paid we were told the following:

Eric’s (manager) reason for this is * He’s not willing to accept less labor than what was in the job and refuses to credit more labor back. *Additionally Eric feels that it’s not his fault that Cummins determined that warranty would be applied 3 months later and feels that either the customer should be responsible for the remaining amount of perhaps Cummins should entertain paying it. Eric also stated that Cobers was a customer of Cummins as well.

I asked Eric a direct question: Eric, do you make it a practice to invoice customers for your labor overages on warranty type repairs. He answered no however this one was different and not determined warranty until three months later and maintained he would not take a loss on this job.

I explained to Eric that regardless of the amount of time that past, Cummins Dealers and Distributors have an agreement to honor the work according to the correct filing guidelines and it’s expected that one off scenarios such as this still be resolved in the correct fashion. Although Eric responded kindly he told me that he still refuses to reimburse any additional amounts of money over what Cummins paid cobers. Eric asked what the next steps are likely to be. I informed Eric that I would provide an update back to all appropriate account managers for further review. The call was ended soon after.

Eric informed me that he would only reimburse the customer up to the amount Cummins paid Cobers via the two claims that were filed. This amount of money is $32,493.28. The customer was billed $37,316.52. You’ll notice that the difference remaining is quite substantial. Eric has declined my request to reimburse us for any additional labor overages, tax or other misc. items etc… Note: we understand that there is a small portion that is billable to the customer however it is far less than the total overage that remains. Eric was informed that it is our expectation that the customer be relieved of any additional payment liability beyond what was identified as their portion.

We have had reps from Cummins seek out answers but he is still refusing to reimburse fully. They have agreed to pay ATS the additional ~$4,000 that Cummins paid to them, but they are refusing to reimburse ATS for the sales tax ($1,900), the labor overage ($800), or the markup that they charged ATS for the engine ($1400), so we are still working on those points.Desired Settlement: We are trying to receive full reimbursement for what we paid.

Business

Response:

We are in receipt of the correspondence mailed to us in regard to the complaint filed by[redacted]. We had a meeting with Cummins distributors on November 24, 2015.We are not sure why this was filed before the scheduled meeting was to take place. Itseems a bit premature on their part.We are willing to reimburse for balance of Cummins Warranty given to us and partialtaxes. We are working on a resolution at this time concerning the balance in question.If you need any further information, please call us at the above number.Thank you for your time,