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Trux & Equipment LLC Reviews (2)

*BUSINESS RESPONSE INCLUDED BELOW*Please excuse my delay in responding to your letter.  Attached is my client’s response to the Revdex.com claim filed by Mr. [redacted]. If you have questions or need additional information, please do not hesitate to contact me. Thank you   [redacted] ...

*  *  *  *  *  *  *  *  *  *  *  *  *  *  [redacted] Attorney at Law LLC MAILING:  [redacted], Copley, Ohio 44321 OFFICE:  [redacted] Fairlawn, Ohio 44333 Phone:  [redacted] E-Mail:  [redacted]; [redacted]   [redacted], ATTORNEY AT LAW, LLC MAILING  ADDRESS: [redacted] COPLEY, OHIO 44321     E-MAIL: [redacted] OFFICE: [redacted] FAIRLAWN, OHIO 44333        November 1, 2016David D[redacted]Revdex.com 222 West Market Street Akron, OH 44303RE: Trux & Equipment, LLC — Joshua [redacted], Revdex.com ID No. [redacted]   Dear Mr. D[redacted]:I represent Trux & Equipment, LLC ("Trux") and am providing a response to the complaint filed by Joshua [redacted].On May 31, 2016, [redacted] signed a Purchase Agreement for a 2011 Freightliner Cascadia truck (the "Truck"). At the time of purchase, the Truck had been driven 558,203 miles by previous owners. The Truck was a "used condition" vehicle — i.e. it was not a new vehicle. The Purchase Agreement signed by [redacted] clearly specified that the purchase was an AS IS transaction — and this AS IS provision was clearly agreed to and acknowledged by [redacted] (see attached Purchase Agreement). Trux made no representations as it pertained to the condition of the vehicle. [redacted] took delivery of the Truck on June 2, 2016.On June 29, 2016, [redacted] contacted Trux via email inquiring about an "adjustment" that was required to be made to the clutch and concerning power issues that he believed he was experiencing with the Truck. In this e-mail, [redacted] claims the Truck was not of the horsepower that he believes were made known to him prior to the sale (which is absolutely untrue). [redacted] had, as of this date, driven the Truck for nearly a month without complaint or issues.1 The relevant portion of the Purchase Agreement states: PURCHASER IS BUYING THE VEHICLE DESCRIBED ON THE FRONT OF THIS FORM IN IT'S "AS IS" PHYSICAL CONDITION, WITHOUT WARRANTY OF ANY KIND FROM TRUX (ALTHOUGH SOME VEHICLES WILL HAVE THE REMAINING FACTORY WARRANTY, IF SO INDICATED ON THE OTHER SIDE OF THIS FORM; AND LIMITED WARRANTY CAN BE PURCHASED SEPARATELY). TRUX HEREBY DISCLAIMS ALL WARRANTIES WHATSOEVER FOR THE VEHICLE(S)/EQUIPMENT LISTED ON THE REVERSE SIDE OF THIS FORM. TRUX MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE VEHICLE... . PURCHASER HAS THE OPTION TO PURCHASE A LIMITED WARRANTY FROM A THIRD PARTY WARRANTY PROVIDER - THIS LIMITED WARRANTY IS DESCRIBED IN A SEPARATE AGREEMENT; AND THE TERMS AND CONDITIONS OF THAT LIMITED WARRANTY IS EXCLUSIVELY BY AND BETWEEN PURCHASER AND THIRD PARTY WARRANTY PROVIDER. On the same day (June 29, 2016), Trux employee Matthew F[redacted] responded to [redacted]'s e-mail informing [redacted] that the clutch is hydraulic and, as such, is not something that can be manually adjusted. As such, F[redacted] informed [redacted] to bring the Truck to the Trux facility so that this issued could be examined (and so [redacted]'s other issues could be reviewed as well).In response, [redacted] informed Trux that he would retain an attorney to assist with the clutch issue and that he would also contact the warranty company for payment of any repairs required to be made on the power and clutch issues (the Truck was subject to the balance of a limited warranty which was assigned to [redacted] as part of the purchase of the Truck — there was no additional costs paid by [redacted] to Trux for the balance of this limited warranty). Trux thereafter requested once again that [redacted] bring the Truck to the Trux facility for review.P[redacted] did not bring the Truck to Trux for review or repairs. Rather, [redacted] continued driving the Truck. Eventually, on July 6, 2016, [redacted] took the Truck to Stoops Freightliner located in Dayton, Ohio. Stoops conducted diagnostics testing, which came back "clean" other than a "CPC reflash" and voltage resistance check. These minor issues did not relate to [redacted]'s alleged clutch or power issues. To maintain a good relationship with [redacted], Trux pay Stoops Freightliner the $500 that was charged for conducting the diagnostic testing.For the next three (3) months, Trux had no further communication with [redacted]. However, on Oct 10, 2016, [redacted] forwarded Matthew F[redacted] an e-mail indicating that [redacted] had contacted the finance company that provided a loan for [redacted]'s purchase of the Truck. According to [redacted]'s e-mail, it appeared that the purpose of [redacted]'s communication with the finance company was simply to disparage Trux and the Truck that [redacted] purchased. Subsequent e-mails were received by Trux indicating that [redacted] would continue to contact others (including potential Trux customers) to disparage Trux and attempt to interfere with other potential vehicle sales.After receiving these derogatory e-mails, and to verify the legitimacy of [redacted]'s claims, Trux contacted the company that had issued the limited warranty for the Truck to see if [redacted] had submitted any claims for repairs to the Truck or if any other contact has been made by [redacted] regarding repairs to the Truck. The finance company responded to Trux via e-mail indicating that they had no contact from [redacted] regarding the Truck nor were they aware of any repairs being made to the Truck.As stated above, [redacted] did not purchase a new vehicle. Because Trux exclusively sells used vehicles (it is not a new truck dealer), Trux has made it a point to specify on its Purchase Agreement that truck sales are made "AS IS" with no warranties offered by Trux.2 In fact, Trux requires all of its customers to initial the section of the Purchase Agreement that concerns the AS IS nature of the sale of the vehicle. And, in this case, [redacted] did initial the AS IS sale language, thereby signifying his agreement and understanding to the same (see page 2 of the attached Purchase Agreement). P[redacted]'s purported clutch issues (which were first made known to Trux almost a month after [redacted] took delivery of the Truck) are generally considered "driver caused" issues. Trux had made multiple requests for [redacted] to bring the Truck to the Trux facility for review — but [redacted] refused and continued to drive the Truck. When diagnostics were ultimately conducted on the Truck (which were paid for by Trux), only minor issues were found to exist. However, instead of working with Trux to see if any other remedies could be found for the issues that [redacted] claims to exist (for which he has provided absolutely no support), [redacted] began to send disparaging and threatening communication to Trux and (apparently) others. [redacted] also contacted the finance company with whom Trux does substantial business. And [redacted] made it a point to indicate to my client that he had made disparaging comments to the finance company concerning Trux.At this point in time, given the vitriolic nature of [redacted]'s e-mail messages that were sent to my client and apparently directed to others, Trux no longer desired to work with [redacted] — nor does Trux wish to have any further contact with [redacted] regarding the Truck that was purchased. Trux had paid Stoops Freightliner for the diagnostic testing that was conducted. Trux had offered to review the issues with [redacted] if he would bring the Truck to the Trux facility — [redacted] did not, but rather engaged in a campaign to disparage Trux to others. Trux prefers no further dealings with [redacted]. Trux is also consider taking legal action against [redacted] for slander and interference with its business.If you have any questions, feel free to contact me.Very Truly Yours,[redacted]

August 30, 2017 Subject: Complaint #: [redacted] To whom it may concern, We received the complaint addressed August 23, 2017. Please see the below response: [redacted] called Trux & Equipment August 08, 2017 to submit an application for financing on a 2012 Peterbilt of which he informed us at...

that point in time he had $3, 000 available toward a down payment. Mr. [redacted] arrived at our location August 14, 2017 with intentions of inspecting the truck he would be purchasing. After test driving the Peterbilt he decided he would rather purchase a 2013 Freightliner Cascadia. At which point we switched the vehicles at the finance company to get a new approval. Mr. [redacted] agreed to put a deposit of $500.00 dollars and signed our Purchase Agreement that states in three different spots that THE DEPOSIT/DOWN PAYMENT IS NON-REFUNDABLE. It also states, the down payment conditionally holds the vehicle for Purchaser for a period of up to five (5) business days. The 2013 Freightliner Cascadia that Mr. [redacted] chose was the only 13 speed 2013 Freightliner Cascadia left available on our lot. Mr. [redacted] wanted to make sure this specific truck was held for him which is why he placed the deposit. On August 14, 2017 we submitted the insurance requirements the finance company requires to Mr. [redacted]s chosen insurance company. The morning of August 15, 2017 the customer received the loan documents via email. The afternoon of August 15, 2015 we received an email from Mr. [redacted]s insurance company informing us the insurance would not be placed until the end of the month. As stated in the complaint the customer also called us the next day informing us he would complete the purchase in a few weeks. In the Purchase Agreement the customer signed the day prior it states the down payment is nonrefundable and will hold the truck for five (5) days business days (as stated above). Once this down payment is received Trux & Equipment is not able to market the truck nor sell the truck to any other customers during this time frame. If we had known the customer was not able to close the deal out until the end of the month we would have not permitted the customer to place the deposit, of which Trux & Equipment lost other deals on since this deposit was holding the truck. We submitted Mr. [redacted] to a specific financing company of which accepts the down payment he had available. Trux & Equipment is not responsible for plating the truck, applying for authority, knowing where the customer is going to be signing the truck on with or knowing the insurance regulations. Mr. [redacted] was then informed by his insurance company the title of the truck had to be in a specific  state. We then informed Mr. [redacted] we could help assist with getting a quote with a different insurance company of which would allow him to place insurance per the finance requirements. [redacted], the salesmen called Mr. [redacted] August 17, 2017 leaving a voicemail requesting the customer to send over the exact quote to Trur & Equipment so we could get him a similar payment option for insurance. At this point in time we never heard back from the customer.    Thank you   Trux & Equipment, LLC  5052 Park Avenue West           Seville, OH 44273                                     �... 330.721.8512 www.truxandequipment.com

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