ICT Technical Services

Initial Business Response / [redacted] (1000, 6, 2015/09/03) */ Contact Name and Title: [redacted] , CEO Contact Phone: XXX-XXX-XXXX Contact Email: [redacted] @allstarrents.com In response to Mr***'s complaint I will offer our side of the storyWhile I was not directly involved in the transaction, I have spoken to all parties involved, have 15+ pages of emails and a page breakdown of events from our salesman, [redacted] On 5/4/ [redacted] and Mr [redacted] went over the chippers and the only issue was one of them did not start [redacted] let him know that we would have a mechanic go over the unit and have it ready by 5/11/We negotiated price and accepted payment for the used brush chippers on 5/7/Mr [redacted] took one of the chippers with him that dayThey are a towable chipper so transporting one at a time is normal About weeks (approx June 5th) later the branch manager of the location they were at called [redacted] to say the chippers were still sitting there [redacted] spoke to Mr [redacted] who acknowledged this and asked if we would deliver them to Point Reyes (from Vallejo) about an hour away (x three trips)We offered to deliver them for a feeHe refused and said he would not be able to pick them up for a couple more weeksHe asked if we would take them to our Novato location (about 1/way) and [redacted] agreed to take all chippers to our Novato location for no chargeAs [redacted] transported each chipper he started each one and they all ran as promised Mr [redacted] picked up the chippers from our Novato location about week laterWhen he picked them up he pulled into the yard, hooked them up and left without inspecting or starting themAt no time was he told by any Novato employee that they were runningThey did not know as they were simply a hand-off pointThey were not directly involved in the sale [redacted] received an email on July 6th from Mr [redacted] explaining how one of the units was not workingHe would not tell [redacted] the unit numberWe cannot know if it was the same one that did not start the day he inspected the equipment in Vallejo [redacted] explained that the sale was "AS IS" with no warranty offered or impliedMr [redacted] asked for our Fleet Manager, [redacted] contact information [redacted] explained that we were looking into the matter and discussing it with all parties involved to make sure we understood exactly what happened and to verify our factsA few weeks went by and [redacted] thought Mr [redacted] had spoken to [redacted] and had dropped the matterIn early August Mr [redacted] called to say that he wanted his money back and did not want to deal with [redacted] Mr [redacted] never contacted Mr [redacted] On August 18th [redacted] emailed Mr [redacted] to explain we had looked into all the facts and could not take the chipper backA couple days later we offered to place the unit in auction under our name and we would take care of the sellers fee to the auctionHe refused this offer In summary: - Mr [redacted] signed and acknowledged by his signature the following: All asset sales are finalNo warranty offered or impliedSOLD "AS IS" - Mr [redacted] had every opportunity to fully inspect the units prior to taking possession - I have two people that will verify that the units were all running prior to the delivery to Novato - The units were never started by anyone at the Novato location - He would not tell us which unit was having problemsThere is no way to know, especially with the time that lapsed while they were in his possession, what circumstances occurred that may have affected the condition of the chippers - We are unclear why Mr [redacted] would not inspect the units prior to taking them into possessionBut, as a professional equipment wholesaler, it seems this practice would be known - I have employee statements, emails and his signed agreement for review if needed Our offer still stands to place them in the First Capitol Auction in Vallejo under our name with Mr [redacted] getting 100% of the proceeds Initial Consumer Rebuttal / [redacted] (3000, 8, 2015/09/17) */ (The consumer indicated he/she DID NOT accept the response from the business.) This is addressed to [redacted] Response is paragraph by paragraph and I have emails and call records to back up everything stated belowSince you have all the emails you can verify what I am about to state by the dates on the emailsI would be happy to send you copies if needed Paragraph 1: No Issue Paragraph 2: A few flaws here; [redacted] stated in an email on April that "all units are in good working order and can be rented out at a moments notice." This means that they are in "rent ready" or "work ready" condition This was the foundation of which I agreed to pay $each for all four 65's provided they were in fact in "good working order"The price was negotiated via email and over the phone prior to May 7, When I arrived on May to purchase the units we found that only one of them was in promised condition That is to say, they were not in "rent ready condition" Regardless, I agreed to buy all of them for the agreed upon price even though, as I told [redacted] at the time, they are really only worth $3,to $3,$4,is what I agreed to, so I stood by my word [redacted] acknowledged that they were not in the condition he described and would see to it that they were all brought up to "work ready" condition Regarding the one non-runner in dispute, he agreed that it would be "running well"Based on the condition that I have personally witnessed and described in emails, I do not see how it could possibly be running at all and certainly not "running well" or in "work ready" conditionI can provide photo and video evidence of the compression test and distributor cap condition that would support my claim Paragraph 3: May [redacted] states in an email that "I will be in Vallejo tomorrow and will start to move chippers to Novato." You state that on June 5th we had this conflict about where and when to pick up the unitsThe fact is that [redacted] agreed on May to move the chippers to Novato, when we were in VallejoThis paragraph is a complete fabrication The chippers were not delivered to Novato for several weeks after the 5-emailWhy would he write this if the delivery location had not yet been established? On May 19, [redacted] called and we talked for minutesI think we talked about the chippers not being ready and he asked me if I would be willing to train his mechanics in proper servicing of chippers and stump grindersHe was clearly frustrated but I assured him timing wasn't an issue and I would be happy to show them some basics that they were missing This is the only call I have a record of to [redacted] in that period There must have been a later call from his cell, the number of which I do not have, when he would have told me the units were in NovatoAt that time, I asked him about the condition of the non-runnerHe said it was all fixed and running well I think [redacted] must be covering up for his own mistake hereI think on June 5th the chippers were still in Vallejo Again, I paid for these on May I believe they were not delivered to Novato until after June 5th Paragraph 4: No disagreementOnly to add that I had no reason to inspect them again since [redacted] had assured me they fixed the non-runner Paragraph 5: Another fabrication On July 6, I sent an email explaining the problemWe talked on the phone at some point several days later and [redacted] stated that he would have the Fleet Manager contact meHe never did as is evidence in the email I sent on July Furthermore, [redacted] has never asked for the serial #I would have given it to him if he did(Its ser# XXXXXX.) I have never talked to or heard from the Fleet Manager To say this all happened on July is a gross exaggerationIt took over weeks to get a meaningful response July email: "Hi [redacted] I have not heard from your fleet manager and its been two weeks I tore into that last chipper and found that it to has low compressionNot as low as the other one and its consistent so it sounds okI am rebuilding the top end on that one I'm still expecting to return this other one You and I had an agreement on these units and I am expecting you to make good on that agreementAgain, there is not way this one unit could have been running "well" With two cylinder at lbs and one at it would have been kicking like a mule I bet it took a lot of starter fluid to get going and I still have my doubts about it running at all with the distributor cap as it isIt could be possible I suppose but so unlikely Please talk to the manager again and explain to him what going on and have him call me Thanks p.sYou might want to tell you guys to change the blades and bed knives more often All of these were completely worn outThey couldn't have been chipping very well." Note the p.swere I noted the poor condition of the bladesAgain, not in " work ready condition" August emailAgain asking for a response to my claim of July 6, "Hi [redacted] I have not heard from anyone regarding this chipper and its been weeks This should not be a big dealI'll bring the machine back to Novato and you all can refund the $4, Please get back to me soon about this Thanks" Paragraph 6: August [redacted] finally respondsHere he is admitting to his response taking a long timeOVER WEEKS "Hello ***, Sorry it has taken me so long to get back to youI do appreciate your patienceI was having to do some investigation work on my end I talked with the mechanic who was in Vallejo working on the chippers the day before we delivered them As I stated before and witnessed all the chippers were working prior to deliveryI talked with our fleet manager numerous times (and he keeps pointing out) that if there was a problem with one of the chippers, and you notice the problem the next day or week, then taking the unit back wouldn't have been an issueYou sent me an email on 7/6/stating a problem with one of the chippers This email came to me two months after you bought and signed, numerous times on the line that the equipment is sold "AS IS"(contract attached) So [redacted] I am sorry but we will not be able to take the unit back or refund you your money." Your summary: -We all use "sold as-is" wording in our invoicesThat doesn't not void verbal contracts as you well know I could have had [redacted] write out a custom contract but I trusted him and he seemed stressed for time -You questioned why I didn't inspect the units when I picked them upBecause I trusted that [redacted] was telling me the truth -I have three people that will verify that we could not get the units started after trying for over hour - I never claimed anyone in Novato had anything do to with this other than providing a pickup location -No one ever asked about the serial numberThere were units, three were running one wasn'tSeems pretty simple This unit simply sat in my yard until July 6, when we started working on itNothing could have happened to it that would explain this discrepancyThis I promise youNothing happened to it in my care -Common practice between dealers is to accept returns when dealing with trusted colleagues -I also have all the emails, call records, photos and video evidence as well The rest is relatively irrelevant to this caseIf you are interested in all the emails, I can send them to you Bottom line is, if your accounting of events is what [redacted] has given you then [redacted] has skewed the truth [redacted] promised me a chipper that was "running well"What I received was a chipper that was not running at all and a bunch of delays and liesI originally made offers to compromise, but now I just want to return this machine I respectfully request that you refund me in full for this non-working machine or I'll have no other option but to pursue my legal rights in court for this breach of contract Final Business Response / [redacted] (4000, 23, 2015/11/19) */ Unless I hear otherwise, I will mail a check for the agreed upon amount in the name of [redacted] to the POBox listed in the complaint by 11/25/I am sorry for the misunderstanding in this matter and happy we could come to a resolution Sincerely, [redacted] Final Consumer Response / [redacted] (2000, 25, 2015/11/23) */ (The consumer indicated he/she ACCEPTED the response from the business.) Yes lets proceedIf you email me at [redacted] @svn.net I'll send you an invoice for the refund stating this completely resolves the issue You can make the check to California Tree Equipment, Inc Thank you

Initial Business Response /* (1000, 6, 2015/09/03) */
Contact Name and Title: [redacted], CEO
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@allstarrents.com
In response to Mr. [redacted]'s complaint I will offer our side of the story. While I was not directly involved in the transaction, I...

have spoken to all parties involved, have 15+ pages of emails and a 4 page breakdown of events from our salesman, [redacted]
On 5/4/2015 [redacted] and Mr. [redacted] went over the chippers and the only issue was one of them did not start. [redacted] let him know that we would have a mechanic go over the unit and have it ready by 5/11/2015. We negotiated price and accepted payment for the 4 used brush chippers on 5/7/2015. Mr. [redacted] took one of the chippers with him that day. They are a towable chipper so transporting one at a time is normal.
About 3 weeks (approx June 5th) later the branch manager of the location they were at called [redacted] to say the chippers were still sitting there. [redacted] spoke to Mr. [redacted] who acknowledged this and asked if we would deliver them to Point Reyes (from Vallejo) about an hour away (x three trips). We offered to deliver them for a fee. He refused and said he would not be able to pick them up for a couple more weeks. He asked if we would take them to our Novato location (about 1/2 way) and [redacted] agreed to take all 3 chippers to our Novato location for no charge. As [redacted] transported each chipper he started each one and they all ran as promised.
Mr. [redacted] picked up the chippers from our Novato location about 1 week later. When he picked them up he pulled into the yard, hooked them up and left without inspecting or starting them. At no time was he told by any Novato employee that they were running. They did not know as they were simply a hand-off point. They were not directly involved in the sale.
[redacted] received an email on July 6th from Mr. [redacted] explaining how one of the units was not working. He would not tell [redacted] the unit number. We cannot know if it was the same one that did not start the day he inspected the equipment in Vallejo. [redacted] explained that the sale was "AS IS" with no warranty offered or implied. Mr. [redacted] asked for our Fleet Manager, [redacted] contact information. [redacted] explained that we were looking into the matter and discussing it with all parties involved to make sure we understood exactly what happened and to verify our facts. A few weeks went by and [redacted] thought Mr. [redacted] had spoken to [redacted] and had dropped the matter. In early August Mr. [redacted] called to say that he wanted his money back and did not want to deal with [redacted] Mr. [redacted] never contacted Mr. [redacted]
On August 18th [redacted] emailed Mr. [redacted] to explain we had looked into all the facts and could not take the chipper back. A couple days later we offered to place the unit in auction under our name and we would take care of the sellers fee to the auction. He refused this offer.
In summary:
- Mr. [redacted] signed and acknowledged by his signature the following:
All asset sales are final. No warranty offered or implied. SOLD "AS IS"
- Mr. [redacted] had every opportunity to fully inspect the units prior to taking possession.
- I have two people that will verify that the units were all running prior to the delivery to Novato.
- The units were never started by anyone at the Novato location.
- He would not tell us which unit was having problems. There is no way to know, especially with the time that lapsed while they were in his possession, what circumstances occurred that may have affected the condition of the chippers.
- We are unclear why Mr. [redacted] would not inspect the units prior to taking them into possession. But, as a professional equipment wholesaler, it seems this practice would be known.
- I have employee statements, emails and his signed agreement for review if needed.
Our offer still stands to place them in the First Capitol Auction in Vallejo under our name with Mr. [redacted] getting 100% of the proceeds.
Initial Consumer Rebuttal /* (3000, 8, 2015/09/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This is addressed to [redacted]. Response is paragraph by paragraph and I have emails and call records
to back up everything stated below. Since you have all the emails you can verify what I am about to state by the dates
on the emails. I would be happy to send you copies if needed.
Paragraph 1:
No Issue.
Paragraph 2:
A few flaws here;
[redacted] stated in an email on April 5 that "all units are in good working order and can be rented out at a moments notice."
This means that they are in "rent ready" or "work ready" condition.
This was the foundation of which I agreed to pay $4250 each for all four 65's provided they were in fact in "good
working order". The price was negotiated via email and over the phone prior to May 7, 2015.
When I arrived on May 7 to purchase the units we found that only one of them was in promised condition.
That is to say, they were not in "rent ready condition".
Regardless, I agreed to buy all of them for the agreed upon price even though, as I told [redacted] at the time, they are really only
worth $3,000 to $3,500. $4,250 is what I agreed to, so I stood by my word. [redacted] acknowledged that they were not in the condition he described and would see to it that they were all brought up to "work ready" condition.
Regarding the one non-runner in dispute, he agreed that it would be "running well". Based on the condition that I have personally witnessed and described in emails,
I do not see how it could possibly be running at all and certainly not "running well" or in "work ready" condition. I can provide photo and video evidence of the compression test and distributor cap condition that would support my claim.

Paragraph 3:
May 18 [redacted] states in an email that "I will be in Vallejo tomorrow and will start to move chippers to Novato."
You state that on June 5th we had this conflict about where and when to pick up the units. The fact is that [redacted] agreed
on May 7 to move the chippers to Novato, when we were in Vallejo. This paragraph is a complete fabrication.
The chippers were not delivered to Novato for several weeks after the 5-18 email. Why would he write this if the
delivery location had not yet been established?
On May 19, [redacted] called and we talked for 5 minutes. I think we talked about the chippers not being ready and he asked me
if I would be willing to train his mechanics in proper servicing of chippers and stump grinders. He was clearly frustrated but I assured
him timing wasn't an issue and I would be happy to show them some basics that they were missing.
This is the only call I have a record of to [redacted] in that period.
There must have been a later call from his cell, the number of which I do not have, when he would have told me the units were in
Novato. At that time, I asked him about the condition of the non-runner. He said it was all fixed and running well.
I think [redacted] must be covering up for his own mistake here. I think on June 5th the chippers were still in Vallejo.
Again, I paid for these on May 7. I believe they were not delivered to Novato until after June 5th.
Paragraph 4:
No disagreement. Only to add that I had no reason to inspect them again since [redacted] had assured me they fixed the
non-runner.
Paragraph 5:
Another fabrication.
On July 6, I sent an email explaining the problem. We talked on the phone at some point several days later and [redacted] stated that he would have the Fleet Manager contact me. He never did as is evidence in the email I sent on July 21.
Furthermore, [redacted] has never asked for the serial #. I would have given it to him if he did. (Its ser# XXXXXX.)
I have never talked to or heard from the Fleet Manager.
To say this all happened on July 6 is a gross exaggeration. It took over 6 weeks to get a meaningful response.
July 21 email:
"Hi [redacted]
I have not heard from your fleet manager and its been two weeks.
I tore into that last chipper and found that it to has low compression. Not as low
as the other one and its consistent so it sounds ok. I am rebuilding the top end
on that one.
I'm still expecting to return this other one.
You and I had an agreement on these units and I am expecting you to make good on
that agreement. Again, there is not way this one unit could have been running "well".
With two cylinder at 30 lbs and one at 100 it would have been kicking like a mule.
I bet it took a lot of starter fluid to get going and I still have my doubts about it running at all
with the distributor cap as it is. It could be possible I suppose but so unlikely.
Please talk to the manager again and explain to him what going on and have him call me.
Thanks
p.s. You might want to tell you guys to change the blades and bed knives more often.
All of these were completely worn out. They couldn't have been chipping very well."
Note the p.s. were I noted the poor condition of the blades. Again, not in " work ready condition".
August 10 email. Again asking for a response to my claim of July 6, 2015
"Hi [redacted]
I have not heard from anyone regarding this chipper and its been weeks.
This should not be a big deal. I'll bring the machine back to Novato and you
all can refund the $4,200.
Please get back to me soon about this.
Thanks"
Paragraph 6:
August 18. [redacted] finally responds. Here he is admitting to his response taking a long time. OVER 6 WEEKS.
"Hello [redacted],
Sorry it has taken me so long to get back to you. I do appreciate your patience. I was having to do some investigation work on my end.
I talked with the mechanic who was in Vallejo working on the chippers the day before we delivered them.
As I stated before and witnessed all the chippers were working prior to delivery. I talked with our fleet manager numerous times
(and he keeps pointing out) that if there was a problem with one of the chippers, and you notice the problem the next day or week,
then taking the unit back wouldn't have been an issue. You sent me an email on 7/6/15 stating a problem with one of the chippers.
This email came to me two months after you bought and signed, numerous times on the line that the equipment is sold "AS IS"(contract attached).
So [redacted] I am sorry but we will not be able to take the unit back or refund you your money."
Your summary:
-We all use "sold as-is" wording in our invoices. That doesn't not void verbal contracts as you well know.
I could have had [redacted] write out a custom contract but I trusted him and he seemed stressed for time.
-You questioned why I didn't inspect the units when I picked them up. Because I trusted that [redacted] was telling me the truth.
-I have three people that will verify that we could not get the units started after trying for over 1 hour.
- I never claimed anyone in Novato had anything do to with this other than providing a pickup location.
-No one ever asked about the serial number. There were 4 units, three were running one wasn't. Seems pretty simple.
This unit simply sat in my yard until July 6, 2015 when we started working on it. Nothing could have happened to it that
would explain this discrepancy. This I promise you. Nothing happened to it in my care.
-Common practice between dealers is to accept returns when dealing with trusted colleagues.
-I also have all the emails, call records, photos and video evidence as well.
The rest is relatively irrelevant to this case. If you are interested in all the emails, I can send them to you.
Bottom line is, if your accounting of events is what [redacted] has given you then [redacted] has skewed the truth.
[redacted] promised me a chipper that was "running well". What I received was a chipper that was not running at all
and a bunch of delays and lies. I originally made offers to compromise, but now I just want to return this machine.
I respectfully request that you refund me in full for this non-working machine or I'll have no other option but to pursue
my legal rights in court for this breach of contract.
Final Business Response /* (4000, 23, 2015/11/19) */
Unless I hear otherwise, I will mail a check for the agreed upon amount in the name of [redacted] to the POBox listed in the complaint by 11/25/2015. I am sorry for the misunderstanding in this matter and happy we could come to a resolution.
Sincerely,
[redacted]
Final Consumer Response /* (2000, 25, 2015/11/23) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Yes lets proceed. If you email me at [redacted]@svn.net I'll send you an invoice for the refund stating this completely resolves the issue.
You can make the check to California Tree Equipment, Inc.
Thank you