Hi
thanks for the reply and showing concern
As per the message trial before buying the truck there was a engine oil leakage which I told to the sales representative nick and manager tony m*** to fix that before delivering me the truck and he committed to me for the same in writing and due to that major leakage which was not fixed and crank shaft of the engine cracked and block blasted,However my all hard earned money I have spent to enhance my business and what was my fault that I trusted on a big name dealership in seattle instead of buying truck from any individual.Please help me as this is a clear fraud done with me and me and my family struggling with the same
Regards
***
Complaint: [redacted]I am rejecting this response because:there was the problem in the truck before buying and they promised to fix it for which I have written proof and as per the mechanics they sold me bad truck moreover I opened business to run and I invested all my hard earned money,as I am too much disappointed by there responses till now as they are a big name in Seattle,no body can bare this much of loss in 27 days.No body can bare loss within 6000 miles that you have to put money more than the truck cost for fixing it,truth is I am cheated by them.Sincerely,[redacted]
Complaint No. [redacted]
Ladies and Gentlemen:TEC Equipment, Inc. ("TEC .. ), appreciates the opportunity to respond to the subject complaint of[redacted], LLC (''[redacted]}
Background FactsIn late September 2016, [redacted]s principal, Mr. [redacted], visited TEC' struck dealership in DesMoines,...
Washington. Working with a TEC sales associate, Mr. [redacted] viewed 15-20 different usedtrucks on TEC' s lot. Mr. [redacted] ultimately selected a 2012 [redacted] truck (VIN[redacted]) that he was interested in purchasing. Over the course of the next fewweeks, Mr. [redacted] visited the dealership several times with his family members and associates tofurther inspect and test drive the truck and to negotiate a purchase price.
On or about October 11, 2016, after numerous back and forth negotiations, TEC and Mr. [redacted]reached agreement on a price for the truck. Mr. [redacted] provided TEC with a deposit at the time tohold the truck and conditioned his final purchase upon the truck passing a standard Department ofTransportation compliance inspection. The truck passed that inspection, and Mr. [redacted] completedhis purchase on October 19, 2016. At that time, the truck's odometer reading was 503,913 miles.In connection with his purchase, Mr. [redacted] signed TEC's standard sales order for the truck, whichprominently contains the following provision next to his signature:
" PURCHASER AGREES THAT NO RELlANCE IS BEING MADE ON VERBALSTATEMENTS REGARDING THE CONDITION OR PERFORMANCE OF THEABOVE-DESCRIBED VEHICLE(S), INCLUDING STATEMENTS AS TO THESERVICE HISTORY OF SAID VEHICLE(S). PURCHASER HAS INSPECTEDAND/OR TEST DRIVEN SAID VEHICLE(S) AND THE DECISION TOPURCHASE IS BASED TOTALLY ON THIS INSPECTION AND/OR TESTDRIVE. ABOVE VEHICLE(S) SOLD ·AS IS-WHERE IS'. NO WARRANTY ORGUARANTY IS OFFERED OR IMPLIED."
Mr. [redacted] also initialed a provision on the sales order that stated he was declining to purchase anywarranty coverage for the truck.
In addition to the sales order, Mr. [redacted] signed a separate document titled "Sold As-Is," where heinitialed the following statement:"I have inspected, driven, and tried the vehicle, and have found it to be in satisfactorycondition, and I accept the vehicle in its present condition, 'AS IS,' without relyingon any promises, representations, advertisements, or additional agreements of anykind (written, verbal, or otherwise) made to me in connection with theabove-described truck. The decision to purchase the above vehicle is based solely onthe inspection and test drive of the vehicle."
The "Sold As-Is" document goes on to note that the purchase is without warranty of any kind byTEC and that the purchaser assumes all risks associated with the truck. Mr. [redacted] initialed eachprovision of the "Sold As-Is" document.
At the time of sale, TEC's sales manager recommended to Mr. [redacted] that he purchase an aftermarketextended warranty that would cover any future mechanical problems. Mr. [redacted] declined topurchase any warranty.
Approximately two weeks later, Mr. [redacted] returned to the dealership and informed TEC that he hadmade a "mistake" in purchasing the truck, that he regretted his decision to become a truckowner-operator, and that he wanted to return the truck for a full refund. TEC responded by offeringto repurchase the truck at wholesale value or accept the truck for sale on consignment. Mr. [redacted]declined TEC's offers and left with the truck.
In early November 2016, Mr. [redacted] had evidently decided to start hauling loads and visited thedealership again. He asked TECto replace the truck's front steer tire at no charge. TEC offered tochange the tire but indicated that it would charge Mr. [redacted] for the change. Mr. [redacted] proceeded toleave the dealership without changing the tire.
Mr. [redacted] next returned to the dealership on or about November 18,2016, and complained that thetruck's engine had failed while on a run in New Mexico. According to Mr. [redacted], the truck'sodometer had a reading of 509,890 at the time the engine failed, which means that the truck wasdriven without incident for approximately 6,000 miles after the time of purchase. TEC reminded Mr.[redacted] that he had declined to purchase any warranty on the truck and that TEC was not liable for anyengine repairs.
Mr. [redacted] then asked if TEC would contact Detroit Diesel Corporation ("Detroit"), the manufacturerof the truck's engine, to see if it would provide Mr. [redacted] any relief. In the interest of customerrelations, TEC did forward Mr. [redacted]'s case on to Pacific Power Group ("Pacific"), Detroit's localdealer, for consideration. Pacific responded that the truck was outside of Detroit's five-year/500,000mile warranty period and therefore denied Mr. [redacted]'s request for compensation and/or repairs.
On or about November 23, 2016, TEC again informed Mr. [redacted] that it was not willing to refund hispurchase price or pay for any engine repairs. Mr. [redacted] indicated in response that he would becontacting his attorney. Since that time, Mr. [redacted] has continued to visit TEC's Des Moines locationand make various demands regarding the truck.
TEC's ResponseMr. [redacted]'s claim essentially boils down to a single allegation: that TEC's salesperson verballypromised him that TEC would ''take care of' any problems that the truck experienced in theone-month period after purchase. TEC made no such promise to Mr. [redacted], which in any case wouldhave been subject to the approval of TEC's general manager in Des Moines.
In any event, Mr. [redacted]'s allegations completely contradict the documents he signed at the time ofpurchase. In addition to specifying the "as is, where is" nature of the sale, Mr. [redacted] confirmed inthose documents that he made his purchase "without relying on any promises, representations,advertisements, or additional agreements of any kind (written, verbal, or otherwise)." Mr. [redacted] alsoinitialed the provisions in the documents that the sale was without warranty and that he declined topurchase any aftermarket warranty.
Conclusion
TEC sincerely regrets the truck's engine problems and Mr. [redacted]'s dissatisfaction. But that does notmean that TEC is responsible for the series of business decisions made by Mr. [redacted] in this case:
• Mr. [redacted] made the decision to become a truck owner-operator.• Mr. [redacted] selected, inspected, and test drove the truck multiple times over a period ofweeks.• Mr. [redacted] unequivocally acknowledged in writing that the sale, which was heavilynegotiated, was without warranty of any kind and made on an "as is, where is" basis.• Mr. [redacted] declined to purchase any aftermarket warranty for the truck, despite TEC'srecommendation that he do so.
Thank you for your attention to this matter. Please call me if you have any questions.
Very truly yours,Ky F[redacted]Chief Legal Officer
Hi
thanks for the reply and showing concern
As per the message trial before buying the truck there was a engine oil leakage which I told to the sales representative nick and manager tony m*** to fix that before delivering me the truck and he committed to me for the same in writing and due to that major leakage which was not fixed and crank shaft of the engine cracked and block blasted,However my all hard earned money I have spent to enhance my business and what was my fault that I trusted on a big name dealership in seattle instead of buying truck from any individual.Please help me as this is a clear fraud done with me and me and my family struggling with the same
Regards
***
Complaint: [redacted]I am rejecting this response because:there was the problem in the truck before buying and they promised to fix it for which I have written proof and as per the mechanics they sold me bad truck moreover I opened business to run and I invested all my hard earned money,as I am too much disappointed by there responses till now as they are a big name in Seattle,no body can bare this much of loss in 27 days.No body can bare loss within 6000 miles that you have to put money more than the truck cost for fixing it,truth is I am cheated by them.Sincerely,[redacted]
Complaint No. [redacted]
Ladies and Gentlemen:TEC Equipment, Inc. ("TEC .. ), appreciates the opportunity to respond to the subject complaint of[redacted], LLC (''[redacted]}
Background FactsIn late September 2016, [redacted]s principal, Mr. [redacted], visited TEC' struck dealership in DesMoines,...
Washington. Working with a TEC sales associate, Mr. [redacted] viewed 15-20 different usedtrucks on TEC' s lot. Mr. [redacted] ultimately selected a 2012 [redacted] truck (VIN[redacted]) that he was interested in purchasing. Over the course of the next fewweeks, Mr. [redacted] visited the dealership several times with his family members and associates tofurther inspect and test drive the truck and to negotiate a purchase price.
On or about October 11, 2016, after numerous back and forth negotiations, TEC and Mr. [redacted]reached agreement on a price for the truck. Mr. [redacted] provided TEC with a deposit at the time tohold the truck and conditioned his final purchase upon the truck passing a standard Department ofTransportation compliance inspection. The truck passed that inspection, and Mr. [redacted] completedhis purchase on October 19, 2016. At that time, the truck's odometer reading was 503,913 miles.In connection with his purchase, Mr. [redacted] signed TEC's standard sales order for the truck, whichprominently contains the following provision next to his signature:
" PURCHASER AGREES THAT NO RELlANCE IS BEING MADE ON VERBALSTATEMENTS REGARDING THE CONDITION OR PERFORMANCE OF THEABOVE-DESCRIBED VEHICLE(S), INCLUDING STATEMENTS AS TO THESERVICE HISTORY OF SAID VEHICLE(S). PURCHASER HAS INSPECTEDAND/OR TEST DRIVEN SAID VEHICLE(S) AND THE DECISION TOPURCHASE IS BASED TOTALLY ON THIS INSPECTION AND/OR TESTDRIVE. ABOVE VEHICLE(S) SOLD ·AS IS-WHERE IS'. NO WARRANTY ORGUARANTY IS OFFERED OR IMPLIED."
Mr. [redacted] also initialed a provision on the sales order that stated he was declining to purchase anywarranty coverage for the truck.
In addition to the sales order, Mr. [redacted] signed a separate document titled "Sold As-Is," where heinitialed the following statement:"I have inspected, driven, and tried the vehicle, and have found it to be in satisfactorycondition, and I accept the vehicle in its present condition, 'AS IS,' without relyingon any promises, representations, advertisements, or additional agreements of anykind (written, verbal, or otherwise) made to me in connection with theabove-described truck. The decision to purchase the above vehicle is based solely onthe inspection and test drive of the vehicle."
The "Sold As-Is" document goes on to note that the purchase is without warranty of any kind byTEC and that the purchaser assumes all risks associated with the truck. Mr. [redacted] initialed eachprovision of the "Sold As-Is" document.
At the time of sale, TEC's sales manager recommended to Mr. [redacted] that he purchase an aftermarketextended warranty that would cover any future mechanical problems. Mr. [redacted] declined topurchase any warranty.
Approximately two weeks later, Mr. [redacted] returned to the dealership and informed TEC that he hadmade a "mistake" in purchasing the truck, that he regretted his decision to become a truckowner-operator, and that he wanted to return the truck for a full refund. TEC responded by offeringto repurchase the truck at wholesale value or accept the truck for sale on consignment. Mr. [redacted]declined TEC's offers and left with the truck.
In early November 2016, Mr. [redacted] had evidently decided to start hauling loads and visited thedealership again. He asked TECto replace the truck's front steer tire at no charge. TEC offered tochange the tire but indicated that it would charge Mr. [redacted] for the change. Mr. [redacted] proceeded toleave the dealership without changing the tire.
Mr. [redacted] next returned to the dealership on or about November 18,2016, and complained that thetruck's engine had failed while on a run in New Mexico. According to Mr. [redacted], the truck'sodometer had a reading of 509,890 at the time the engine failed, which means that the truck wasdriven without incident for approximately 6,000 miles after the time of purchase. TEC reminded Mr.[redacted] that he had declined to purchase any warranty on the truck and that TEC was not liable for anyengine repairs.
Mr. [redacted] then asked if TEC would contact Detroit Diesel Corporation ("Detroit"), the manufacturerof the truck's engine, to see if it would provide Mr. [redacted] any relief. In the interest of customerrelations, TEC did forward Mr. [redacted]'s case on to Pacific Power Group ("Pacific"), Detroit's localdealer, for consideration. Pacific responded that the truck was outside of Detroit's five-year/500,000mile warranty period and therefore denied Mr. [redacted]'s request for compensation and/or repairs.
On or about November 23, 2016, TEC again informed Mr. [redacted] that it was not willing to refund hispurchase price or pay for any engine repairs. Mr. [redacted] indicated in response that he would becontacting his attorney. Since that time, Mr. [redacted] has continued to visit TEC's Des Moines locationand make various demands regarding the truck.
TEC's ResponseMr. [redacted]'s claim essentially boils down to a single allegation: that TEC's salesperson verballypromised him that TEC would ''take care of' any problems that the truck experienced in theone-month period after purchase. TEC made no such promise to Mr. [redacted], which in any case wouldhave been subject to the approval of TEC's general manager in Des Moines.
In any event, Mr. [redacted]'s allegations completely contradict the documents he signed at the time ofpurchase. In addition to specifying the "as is, where is" nature of the sale, Mr. [redacted] confirmed inthose documents that he made his purchase "without relying on any promises, representations,advertisements, or additional agreements of any kind (written, verbal, or otherwise)." Mr. [redacted] alsoinitialed the provisions in the documents that the sale was without warranty and that he declined topurchase any aftermarket warranty.
Conclusion
TEC sincerely regrets the truck's engine problems and Mr. [redacted]'s dissatisfaction. But that does notmean that TEC is responsible for the series of business decisions made by Mr. [redacted] in this case:
• Mr. [redacted] made the decision to become a truck owner-operator.• Mr. [redacted] selected, inspected, and test drove the truck multiple times over a period ofweeks.• Mr. [redacted] unequivocally acknowledged in writing that the sale, which was heavilynegotiated, was without warranty of any kind and made on an "as is, where is" basis.• Mr. [redacted] declined to purchase any aftermarket warranty for the truck, despite TEC'srecommendation that he do so.
Thank you for your attention to this matter. Please call me if you have any questions.
Very truly yours,Ky F[redacted]Chief Legal Officer