Jones Auto Centers

Thank you for the opportunity to respond.I have spoken to the managers involved and pulled all the paperwork. To the best of my knowledge this is what I understand:For almost weeks after the purchase of this vehicle, neither the bank, the finance manager, sales person or sales manager were
able to get ahold of Mr*** for his bank interview. Because he would not answer his phone, the bank was threating to cancel his finance contract and repossess the vehicle (not being available for the bank phone interview is a breach of contract)Mr*** had agreed to pay $2,down and had given cash of $1,and checks of $each at the time of purchase. I have found nothing in the paperwork indicating that we would hold his checks till Sept 1st. However, after we cashed his checks and after we hired a "Skip trace" professional to locate Mr***, we finally were able to find him and make contact. He did explain that he was now over drawn by $1,and because of this the bank had charged him a $over draft charge. At this point, we have refunded Mr*** the $over draft charge that he incurred because he didn't couldn't cover the checks he had written at the time of purchase. (this was done as a courtesy, not an admission of guilt or wrong doing)There is absolutely no justification to giving Mr*** an additional $1,above and beyond the over draft charge. The $1,he is referring to is the remainder of his down payment that was owed and contracted to be paid when he purchased the vehicle on July 31st

Thank you for the opportunity to respond to the complaint #[redacted].We did indeed sell [redacted] a 2002 [redacted] HD on July 15th 2014. [redacted] has referenced the Arizona Revised Statues, 44-1267. Used motor vehicles; title; implied warranty of...

merchantability disclaimer; waiver; burden of proof; remedies , of which he specifically claims that the tires were from the year 2004 and were dry rotted and thus unsafe.  He also states that he ordered new tires from [redacted] in [redacted] at a cost of $617.00 and feels the dealership should pay $592 of that amount.The explanation of the statue 44-1267 is as follows:C. For the purposes of this section, the implied warranty of merchantability is met if the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway. The implied warranty of merchantability expires at midnight of the fifteenth calendar day after delivery of a used motor vehicle or when a used motor vehicle has been driven five hundred miles after delivery, whichever is earlier. In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied warranty of merchantability are also excluded. In calculating distance under this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the motor vehicle that fails to conform with the implied warranty of merchantability are excluded.D. The implied warranty of merchantability described in this section does not extend to damage that occurs after the sale of the motor vehicle and that is the result of any abuse, misuse, neglect, failure to perform regular maintenance or to maintain adequate oil, coolant or other required fluid or lubricant or off road use, racing or towing.E. If the implied warranty of merchantability described in this section is breached, the purchaser shall give reasonable notice to the seller. Before the purchaser exercises any other remedies under title 47, chapter 2, the seller shall have a reasonable opportunity to repair the vehicle. The purchaser shall pay one-half of the cost of the first two repairs necessary to bring the vehicle in compliance with the warranty. The purchaser's payments are limited to a maximum payment of twenty-five dollars for each repair.I have included a copy of the vehicle inspection form for this truck.  It does show that our shop identified a “Dry Crack” condition which is quite common on tires in the desert southwest.  This condition can either be “cosmetic” in nature or reason to replace tires.  (Please see attached Tech article on Rubber Cracking)The vehicle inspection form for that vehicle also gives us the DOT codes for each tire showing the date of MFG.  [redacted] stated that the tires were from 2004.  This claim is CONTRARY to what the dates show on each tire.  The tires dates are as follows:  (first 2 numbers are week #, next 2 numbers are the year)2810     -           28th week of 2010          7/32 tire depth1910     -           19th week of 2010          7/32 tire depth3509     -           35th week of 2009          6/32 tire depth1410     -           14th week of 2010          6/32 tire depthIn addition to noting the tire tread depth and DOT codes (age of tire) the technician DID NOT find that the tires were unsafe to drive, however he did state that there was some “Dry Crack”.  Again, the technician did not feel like the tires were unfit or unsafe.Below I have copied/pasted an article from Tire Rack.com regarding “dry crack”:Tires are subjected to one of the harshest environments experienced by any consumer product. In addition to being stretched millions of times as they roll through their life, tires are exposed to acid rain, brake dust, harsh chemicals and direct sunlight, as well as summer's heat and winter's cold. And while a tire's rubber compounds have anti-aging chemicals in their recipes, exposure to the elements will eventually cause rubber to lose some of its elasticity and allow surface cracks to appear.The surface cracks that occasionally appear have been called many things; Weather Checking, Weather Cracking or Ozone Cracking. These small cracks typically develop in the sidewalls or at the base of the tread grooves. Depending on their severity, they may be cosmetic in nature if they don't extend past the rubber's outer surface, or may be a reason to replace the tire if they reach deep into the rubber.Because all tires are made of rubber, all tires will eventually exhibit some type of cracking condition, usually late in their life. However, this cracking can be accelerated by too much exposure to heat, vehicle exhaust, ozone and sunlight, as well as electric generators and motors (that have armature brushes). For example, a vehicle parked outside instead of in a garage will constantly expose its tires to the rays of the sun, increasing the likelihood of cracking. Additionally, some sidewall cracking has been linked to abrasion from parking against a curb, or the excessive use of tire cleaners/dressings that inadvertently remove some of the tire's anti-oxidants and anti-ozone protection during every cleaning procedure. Interestingly enough, when sun exposure or excessive cleaning is the cause of the small cracks, the sidewall of the tire facing outward will show damage, while the sidewall facing inward is rarely affected.The anti-aging chemicals used in the rubber compounds are more effective when the tire is exercised. The repeated stretching of the rubber compound actually helps deter cracks from forming. The tires used on vehicles that are driven infrequently, or accumulate low annual mileage are more likely to experience cracking because long periods of parking or storage interrupt "working" the rubber. In addition to being an annoyance to show car owners, this condition often frustrates motor home and recreational vehicle owners who only take occasional trips and cannot even park their vehicle in a garage or shaded area. Using tire covers at least minimizes direct exposure to sunlight.Tire manufacturers' warranties typically cover cracking for a period of 4 years from the date the tire was purchased (receipt for the new tires or in-service date of the vehicle required) or four years from the date the tire was manufactured.I understand that [redacted]’s mechanic told him he should not drive on the tires and that he should purchase new tires.   However, our shop did not feel like the tires were “unfit or limited the use of the vehicle for ordinary purposes of transportation on any public highway” and at the time of [redacted]’s complaint he had already traveled well over 300 miles (he stated the truck purchase  was at least 250 miles from his home).The statue also states: “Before the purchaser exercises any other remedies under title 47, chapter 2, the seller shall have a reasonable opportunity to repair the vehicle.” [redacted] did not return to the dealership with the tires to show us his concerns rather he is requesting we rely on a mechanic in another town who had misrepresented the age of the tires.  In addition, the customer went ahead and ordered replacement tires on his own.In summary:· The 2002 [redacted] HAD BEEN INSPECTED.  The tires were NOT deemed a safety hazard.· [redacted] negotiated a purchase price that did not include any repairs or adjustments to the vehicle.· The DOT codes on the tires show that 3 are from 2010 and one from 2009, NOT 2004 like was stated in the complaint. (thus adding suspicion to his mechanic’s claim of a safety issue)· The truck complies with the AZ Revised Statue 44-1267 in that “the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway.” Within the first 15 days or 500 miles.” And is not in violation of the implied warranty.· [redacted] did not return to the dealership to show us his concern.  He ordered tires from a location of his choosing in [redacted].As a gesture of goodwill only, and not an admission of “Breach of Warranty”, Jones Auto Centers would be willing to offer $250 to [redacted] to offset a portion of the money he has spent to put on new tires.Respectfully,[redacted]

After seeing his ad in the [redacted], I called Phil to ask if he could re-caulk my tub. He said yes, gave me an amazing quote, and was ready to come over that day. I had him come on Saturday January 23rd. He was here for 30 minutes and did a fantastic job. He was very pleasant to work with.

Thank you for the opportunity to respond to the complaint #[redacted].We did indeed sell [redacted] a 2002 [redacted] HD on July 15th 2014. [redacted] has referenced the Arizona Revised Statues, 44-1267. Used motor vehicles; title; implied warranty of...

merchantability disclaimer; waiver; burden of proof; remedies , of which he specifically claims that the tires were from the year 2004 and were dry rotted and thus unsafe.  He also states that he ordered new tires from [redacted] in [redacted] at a cost of $617.00 and feels the dealership should pay $592 of that amount.The explanation of the statue 44-1267 is as follows:C. For the purposes of this section, the implied warranty of merchantability is met if the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway. The implied warranty of merchantability expires at midnight of the fifteenth calendar day after delivery of a used motor vehicle or when a used motor vehicle has been driven five hundred miles after delivery, whichever is earlier. In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied warranty of merchantability are also excluded. In calculating distance under this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the motor vehicle that fails to conform with the implied warranty of merchantability are excluded.D. The implied warranty of merchantability described in this section does not extend to damage that occurs after the sale of the motor vehicle and that is the result of any abuse, misuse, neglect, failure to perform regular maintenance or to maintain adequate oil, coolant or other required fluid or lubricant or off road use, racing or towing.E. If the implied warranty of merchantability described in this section is breached, the purchaser shall give reasonable notice to the seller. Before the purchaser exercises any other remedies under title 47, chapter 2, the seller shall have a reasonable opportunity to repair the vehicle. The purchaser shall pay one-half of the cost of the first two repairs necessary to bring the vehicle in compliance with the warranty. The purchaser's payments are limited to a maximum payment of twenty-five dollars for each repair.I have included a copy of the vehicle inspection form for this truck.  It does show that our shop identified a “Dry Crack” condition which is quite common on tires in the desert southwest.  This condition can either be “cosmetic” in nature or reason to replace tires.  (Please see attached Tech article on Rubber Cracking)The vehicle inspection form for that vehicle also gives us the DOT codes for each tire showing the date of MFG.  [redacted] stated that the tires were from 2004.  This claim is CONTRARY to what the dates show on each tire.  The tires dates are as follows:  (first 2 numbers are week #, next 2 numbers are the year)2810     -           28th week of 2010          7/32 tire depth1910     -           19th week of 2010          7/32 tire depth3509     -           35th week of 2009          6/32 tire depth1410     -           14th week of 2010          6/32 tire depthIn addition to noting the tire tread depth and DOT codes (age of tire) the technician DID NOT find that the tires were unsafe to drive, however he did state that there was some “Dry Crack”.  Again, the technician did not feel like the tires were unfit or unsafe.Below I have copied/pasted an article from Tire Rack.com regarding “dry crack”:Tires are subjected to one of the harshest environments experienced by any consumer product. In addition to being stretched millions of times as they roll through their life, tires are exposed to acid rain, brake dust, harsh chemicals and direct sunlight, as well as summer's heat and winter's cold. And while a tire's rubber compounds have anti-aging chemicals in their recipes, exposure to the elements will eventually cause rubber to lose some of its elasticity and allow surface cracks to appear.The surface cracks that occasionally appear have been called many things; Weather Checking, Weather Cracking or Ozone Cracking. These small cracks typically develop in the sidewalls or at the base of the tread grooves. Depending on their severity, they may be cosmetic in nature if they don't extend past the rubber's outer surface, or may be a reason to replace the tire if they reach deep into the rubber.Because all tires are made of rubber, all tires will eventually exhibit some type of cracking condition, usually late in their life. However, this cracking can be accelerated by too much exposure to heat, vehicle exhaust, ozone and sunlight, as well as electric generators and motors (that have armature brushes). For example, a vehicle parked outside instead of in a garage will constantly expose its tires to the rays of the sun, increasing the likelihood of cracking. Additionally, some sidewall cracking has been linked to abrasion from parking against a curb, or the excessive use of tire cleaners/dressings that inadvertently remove some of the tire's anti-oxidants and anti-ozone protection during every cleaning procedure. Interestingly enough, when sun exposure or excessive cleaning is the cause of the small cracks, the sidewall of the tire facing outward will show damage, while the sidewall facing inward is rarely affected.The anti-aging chemicals used in the rubber compounds are more effective when the tire is exercised. The repeated stretching of the rubber compound actually helps deter cracks from forming. The tires used on vehicles that are driven infrequently, or accumulate low annual mileage are more likely to experience cracking because long periods of parking or storage interrupt "working" the rubber. In addition to being an annoyance to show car owners, this condition often frustrates motor home and recreational vehicle owners who only take occasional trips and cannot even park their vehicle in a garage or shaded area. Using tire covers at least minimizes direct exposure to sunlight.Tire manufacturers' warranties typically cover cracking for a period of 4 years from the date the tire was purchased (receipt for the new tires or in-service date of the vehicle required) or four years from the date the tire was manufactured.I understand that [redacted]’s mechanic told him he should not drive on the tires and that he should purchase new tires.   However, our shop did not feel like the tires were “unfit or limited the use of the vehicle for ordinary purposes of transportation on any public highway” and at the time of [redacted]’s complaint he had already traveled well over 300 miles (he stated the truck purchase  was at least 250 miles from his home).The statue also states: “Before the purchaser exercises any other remedies under title 47, chapter 2, the seller shall have a reasonable opportunity to repair the vehicle.” [redacted] did not return to the dealership with the tires to show us his concerns rather he is requesting we rely on a mechanic in another town who had misrepresented the age of the tires.  In addition, the customer went ahead and ordered replacement tires on his own.In summary:· The 2002 [redacted] HAD BEEN INSPECTED.  The tires were NOT deemed a safety hazard.· [redacted] negotiated a purchase price that did not include any repairs or adjustments to the vehicle.· The DOT codes on the tires show that 3 are from 2010 and one from 2009, NOT 2004 like was stated in the complaint. (thus adding suspicion to his mechanic’s claim of a safety issue)· The truck complies with the AZ Revised Statue 44-1267 in that “the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway.” Within the first 15 days or 500 miles.” And is not in violation of the implied warranty.· [redacted] did not return to the dealership to show us his concern.  He ordered tires from a location of his choosing in [redacted].As a gesture of goodwill only, and not an admission of “Breach of Warranty”, Jones Auto Centers would be willing to offer $250 to [redacted] to offset a portion of the money he has spent to put on new tires.Respectfully,[redacted]