Paulsen's Powersports

Complaint: [redacted]
I am rejecting this response because:Jay, I would like to ask you a few specific questions as you haven't been addressing them properly. Your replies are vague and do not have any legal justification. Remember, this will be on the Internet for all to see, so this is your chance to present a proper defense for our readers to see. I have previously submitted a copy of our contract so that our readers can verify what dimensions the trailer should be.1) I claim our contract states that I ordered a 66 inch door and the trailer came with a 72 inch door instead. The taller door isn't just a preference, it is problematic for me. Do you agree that the door was made taller than our contract states?2) I claim that our contract states that I ordered a 6 ½ foot wide trailer and the trailer came to me at 6 feet wide. This narrower width has been a huge issue for me. Do you agree that the trailer was made narrower than what our contract states?3) I claim that the Mission Trailer website also states the 12 foot long trailers are 6 ½ feet wide. While you don't maintain the website, I feel you, as a Mission Trailer dealer, have an obligation to sell the product that is advertised and that you can't change it without first notifying your customers. Do you think that you should be selling trailers that are different than what the website states?4) I ordered a rack for solar panels, but received a ladder rack of some sort- a rack unsuitable for solar panels. It was so poorly constructed that I had to have someone else fix it at a cost of $300. Do you think it is OK to install a generic ladder rack and call it a solar rack when you specifically knew that the rack was going to be dedicated solely for solar panels?5) I feel that a 90 minute walk through and driving off the lot does not absolve you of your legal and ethical obligations of fulfilling our contract. You have stated since I drove off the lot, there is nothing you can do. Clearly, that is false. You absolutely have a choice. Can you honestly state that you provide only a 90 minute warranty? As long as you can manipulate the walk-through in such a manner as to overlook egregious, verifiable, and contractual errors, do you believe you can wash your hands of your obligations and agreements?For an analogy, if I purchased a brand new car that I ordered with specific criteria, namely a car with a 2.0 liter engine, but a couple weeks later when I changed the oil, I discovered that it has a 2.4 liter engine. Like you as a dealer for your product, the dealer that hypothetically sold me the wrong car would be obligated to fix his/her mistake.I am claiming that you sold me a product that is obviously and factually different than what I ordered as demonstrated by our mutually agreed upon contract and that you are illegally and unethically trying to avoid responsibility for your actions by making a claim that since I didn't say anything before I drove off the lot that you can wash your hands of this deal. You have a legal and ethical obligation to provide a remedy. While I am entitled to a new trailer, all I am asking is that you pay $300 for the repairs I had to make to the solar rack. I am flabbergasted that you would refuse to provide such a modest remedy for your egregious errors. Errors that I now live with every day.
Sincerely,
[redacted]

7/30/2016To Whom It May Concern,Paulsens Powersports200 57th St. N.Great Falls, MI 59405Phone: 406-761-0303Fax: 406-727-3182E-mail: [email protected]
To Whom It May Concern,We did not receive this complaint until today as it was addressed to [redacted]Ave. S. and...

forwarded to us, Paulsen's Powersports at 200 57th St. N. I am responding immediately.
The motorcycle was brought to us in May, 2016, with the owner complaining that the previous repairsperformed by Addictive Powerspons were not performed properly.
Having purchased the business on April 4, 2016 from Addictive Powersports it is stated in my purchaseagreement that I assume "no liabilities" from the previous owner. However in an attempt to maintaingood customer relations I said that we would take a look at his problem. In hind-site, I should haveadvised him to contact the former owner.
My mechanics had a difficult time starting the bike when it first arrived but it started after 50 or moreattempts as it was flooded. The mechanics checked the clutches and they were fine but the motor had anoticeable lack of power, and upon further inspection found the piston skirts to have serious scratchesand a very "dry" unlubricated presence. I spoke with my shop foreman and advised him to then inspectthe oil injection pump for proper operation and in doing so he found that the gear that drives the oilpump was missing. This gear had to have been removed by someone before the bike came to us.Possibly when it was taken to Addictive Powersports or sometime in bewteen.
It is my opinion that the owner misdiagnosed his last problem with the bike as a clutch problem whenin fact it was a lack of power in the engine, caused by a scored piston causing a lack of compression.Damage to the piston was ultimately caused by the absence of oil being injected into and mixed withthe gas to lubricate the motor. Where the drive gear for the oil pump went, I don't know. But I canguarantee that it was missing when we inspected the bike.
The statement made by the customer, accusing us of stealing or cannibalizing his bike is absurd, as weare a commercial repair shop doing hundreds of repairs every year and.it would be very difficult tomaintain a customer base and a. good reputation (which we have) if we were to cannibalize or stealparts from our customers' units. We nonnally don't even work on din bikes and the motor didn't get damaged here as we only ran it fortwo or three minutes at most. 
I do not know who is responsible for the motor damage or who removed the drive gear to the oil pump,but it most certainly is not and was not us. Perhaps the person should contact the owner of AddictivePowersports who did the original work on his bike.
Respectfully,Jay P[redacted]Owner Paulsen's Powersports

Complaint: [redacted]
I am rejecting this response because: Paulsen's is contractually obligated to sell products according to what his contracts state. In my case, I have specific sizes in a written contract (which I detail in my original complaint) that we agreed to before construction began on this custom trailer. Jay P[redacted]'s defense is that I had the opportunity to verify the sizes of the trailer during the walk-through, but did not. Just because he guided the orientation in such a manner that I didn't put a tape measure to all parts of the trailer doesn't mean he is absolved of complying with our contract. He states that our contract ended when I drove off the lot. He seems to think a 90 minute warranty is enough. I disagree. I believe I am legally entitled to what the contract states and that driving off of the lot does not absolve him of complying with the contract. This is a rather large mistake on Jay P[redacted]'s part and he is not taking ownership of it. He has a legal and ethical obligation to fulfill his contracts. My complaints aren't subtle differences. I'm not complaining about an offensive shade of beige. I'm not complaining about a quarter of an inch difference in width. Regarding the width, 6 inches is a significant loss of space in a 6 X 12 cargo trailer. Instead of having an 18 inch shelving unit on one side and a 24 inch shelving unit on the other side, I now have to to accept both shelving units be 18 inches in order to maintain a walkway in the middle. This is a significant, practical difference. Then there is the incorrect door and the incorrect solar rack. If he chooses not to take ownership for his mistakes and tries to blame the customer for not noticing every mistake withing a 90 minute window, he is engaging in poor business practice. I would like to emphasize that I'm not asking for a new trailer, although I easily could as I am entitled to a trailer built per our contract, not the in any way he feels like as long as he can get his customers to drive his product off the lot before noticing any discrepancies. Nor am I asking for a large financial reimbursement. Instead of insisting on a new $6600 dollar trailer built per our mutually agreed upon contract, all I'm asking for is Jay to pay for the repair of the solar rack. That cost is going to be an extremely modest amount of about $300.
Sincerely,
[redacted]

To Whom it May Concern,Mr. [redacted] accepted the trailer and towed it from our dealership without a complaint. We spent anhour to an hour and a half going over the unit before he left. It was not until about a month went bythat he started to complain about the door being to tall and the ladder rack...

being overbuilt. By then itwas too late to complain as he had accepted it as it was built and towed it from our dealership. If hehadn't accepted it and towed it home as it was I might have understood, but being a special order trailer, when you accept it as built and tow it from our dealership then wait two or more weeks to complain,I'm sorry I can't alter a made to order trailer.Jay D P[redacted]Owner Paulsen's Powersports*Please view attached document.