*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 meThank you [redacted] * * * * * * * * * * * * * * * [redacted] Attorney at Law LLC MAILING: [redacted] ***, Copley, Ohio OFFICE: [redacted] Fairlawn, Ohio Phone: [redacted] E-Mail: [redacted] ; [redacted] [redacted] , ATTORNEY AT LAW, LLC MAILING ADDRESS: [redacted] COPLEY, OHIO E-MAIL: [redacted] OFFICE: [redacted] FAIRLAWN, OHIO November 1, 2016David D***Revdex.com West Market Street Akron, OH 44303RE: Trux & Equipment, LLC — Joshua [redacted] , Revdex.com ID No [redacted] Dear MrD***: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 Freightliner Cascadia truck (the "Truck")At the time of purchase, the Truck had been driven 558,miles by previous ownersThe Truck was a "used condition" vehicle — i.eit was not a new vehicleThe 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 TruckIn 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 issuesThe 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 FORMTRUX MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE VEHICLEPURCHASER 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 PROVIDEROn 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 adjustedAs 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 repairsRather, [redacted] continued driving the TruckEventually, on July 6, 2016, [redacted] took the Truck to Stoops Freightliner located in Dayton, OhioStoops conducted diagnostics testing, which came back "clean" other than a "CPC reflash" and voltage resistance checkThese minor issues did not relate to [redacted] 's alleged clutch or power issuesTo maintain a good relationship with [redacted] , Trux pay Stoops Freightliner the $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 TruckAccording 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] purchasedSubsequent 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 TruckThe 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 vehicleBecause 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 TruxIn 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 vehicleAnd, in this case, [redacted] did initial the AS IS sale language, thereby signifying his agreement and understanding to the same (see page 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" issuesTrux had made multiple requests for [redacted] to bring the Truck to the Trux facility for review — but [redacted] refused and continued to drive the TruckWhen diagnostics were ultimately conducted on the Truck (which were paid for by Trux), only minor issues were found to existHowever, 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 businessAnd [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 purchasedTrux had paid Stoops Freightliner for the diagnostic testing that was conductedTrux 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 othersTrux 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, Subject: Complaint #: [redacted] To whom it may concern, We received the complaint addressed August 23, Please see the below response: [redacted] called Trux & Equipment August 08, to submit an application for financing on a Peterbilt of which he informed us at that point in time he had $3, available toward a down paymentMr [redacted] arrived at our location August 14, with intentions of inspecting the truck he would be purchasingAfter test driving the Peterbilt he decided he would rather purchase a Freightliner CascadiaAt which point we switched the vehicles at the finance company to get a new approvalMr [redacted] agreed to put a deposit of $dollars and signed our Purchase Agreement that states in three different spots that THE DEPOSIT/DOWN PAYMENT IS NON-REFUNDABLEIt also states, the down payment conditionally holds the vehicle for Purchaser for a period of up to five (5) business daysThe Freightliner Cascadia that Mr [redacted] chose was the only speed Freightliner Cascadia left available on our lotMr [redacted] wanted to make sure this specific truck was held for him which is why he placed the depositOn August 14, we submitted the insurance requirements the finance company requires to Mr***s chosen insurance companyThe morning of August 15, the customer received the loan documents via emailThe afternoon of August 15, we received an email from Mr***s insurance company informing us the insurance would not be placed until the end of the monthAs stated in the complaint the customer also called us the next day informing us he would complete the purchase in a few weeksIn 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 frameIf 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 truckWe submitted Mr [redacted] to a specific financing company of which accepts the down payment he had availableTrux & 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 regulationsMr [redacted] was then informed by his insurance company the title of the truck had to be in a specific stateWe 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, 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 insuranceAt this point in time we never heard back from the customer Thank you Trux & Equipment, LLC Park Avenue West Seville, OH www.truxandequipment.com
April 5, Subject: Complaint #:*** To whom it may concern, We received the complaint addressed March 28th Please see the below response: Mr*** *** purchased his truck July 28th At the time of purchase every customer is able to upgrade their warranty at additional costs,
since the truck is sold As Is/Where Is ConditionMr***'s purchase came with a Year/100k Engine Only WarrantyPer the customer's complaint repairs list even with the highest upgraded warranty available none of the stated repairs would have been covered as these items are wear and tear maintenance on a truckAs to the time the customer was down from shop scheduling, this is an unfortunate circumstanceThis is an industry standard for scheduling any repairs or maintenanceAs to the customers financial burden from traveling a further distance to get the truck into another shop sooner was the customer's decisionWe have no control over other shops schedulesIndustry standard for miles driven per year is 80-100,000, Mr*** ran 132,miles in his first year of owning the truckBased on the amount of miles the customer ran, the down time from repairs was minimalAfter further review of the customer's account and his comments about the truck being a lemon, the industry standard average repair maintenance amount per mile for a truck is $.05/mileIn the first year of owning the truck the customer ran 132,miles with only having to spend $3,in repairs and maintenanceThis is well below industry average as he only spent $.02/mileThe warranty coverage at the time of purchase was only for 1Yr or 100k miles, we advise all customers to purchase additional warranty when the original warranty expiresThe $7,the customer is referring to that caused him to surrender the truck possibly could have been prevented if this additional warranty was purchased after the original warranty expired We are not able to further assist with the desired settlement as this is between the customer and the bank We give all our customers the highest quality customer serviceWe feel the customer was successful with the truck based upon the information givenThank you for your cooperation in this matter, should you have any questions or concerns please feel free to contact me.Thank you,*** ***Finance Manager
August 30, Subject: Complaint #: *** To whom it may concern, We received the complaint addressed August 23, Please see the below response: *** *** called Trux & Equipment August 08, to submit an application for financing on a Peterbilt of which he informed us at
that point in time he had $3, available toward a down paymentMr*** arrived at our location August 14, with intentions of inspecting the truck he would be purchasingAfter test driving the Peterbilt he decided he would rather purchase a Freightliner CascadiaAt which point we switched the vehicles at the finance company to get a new approvalMr*** agreed to put a deposit of $dollars and signed our Purchase Agreement that states in three different spots that THE DEPOSIT/DOWN PAYMENT IS NON-REFUNDABLEIt also states, the down payment conditionally holds the vehicle for Purchaser for a period of up to five (5) business daysThe Freightliner Cascadia that Mr*** chose was the only speed Freightliner Cascadia left available on our lotMr*** wanted to make sure this specific truck was held for him which is why he placed the depositOn August 14, we submitted the insurance requirements the finance company requires to Mr***s chosen insurance companyThe morning of August 15, the customer received the loan documents via emailThe afternoon of August 15, we received an email from Mr***s insurance company informing us the insurance would not be placed until the end of the monthAs stated in the complaint the customer also called us the next day informing us he would complete the purchase in a few weeksIn 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 frameIf 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 truckWe submitted Mr*** to a specific financing company of which accepts the down payment he had availableTrux & 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 regulationsMr*** was then informed by his insurance company the title of the truck had to be in a specific stateWe then informed Mr*** 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*** ***, the salesmen called Mr*** August 17, 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 insuranceAt this point in time we never heard back from the customer. Thank you Trux & Equipment, LLC Park Avenue West Seville, OH 44273 www.truxandequipment.com
I am rejecting this response because: I feel I need to take legal action on this matter because I feel that trux and equipment took advantage of me in a desperate situation
Initial Business Response /* (1000, 5, 2016/03/10) */
My name is Chris F* and I am an attorney representing Trux and Equipment, LLC ("Trux")Along with this response you will find the Purchase Agreement that MrD*** signed with my client, indicating that the truck was being purchased in
its "AS IS" condition (with the balance of the manufacturer's warranty)Also enclosed is a document that D*** signed indicating that he chose not to obtain a limited warranty on the Peterbilt truck that he purchased
After D*** purchased the truck, Trux made certain repairs to the pre-owned semi truck to bring the same to a working and driveable conditionAfter taking delivery, D*** contacted my client regarding a check engine light that he claims was on - and he was instructed to bring the truck to my client's facility for repairHowever, rather than doing so, he chose to drive the truck past my client's facility to deliver his load; he then took the vehicle to a different repair shop that was closer to where that load was deliveredD*** then contacted my client to demand that they pay the repairs that were suggested D*** chose to ignore my client's offer to make repairs to the truck at its own facility, my client voluntarily agreed to pay/reimburse D*** for 50% of the amount that would be invoiced by this third party shop for the repairsThe repairs were then madeApproximately a week later D*** contacted my client and indicated that he was having the same issue with the truck, at which time D*** was instructed to contact the third party repair shop that had done the initial repairInstead of having that third party repair shop fix the issues, D*** showed up at the Trux facility and requested that my client repair the truck - which my client did
Since that time, D*** has contacted my client indicating that there may be other issues with the truck and has asked my client to either make additional repairs or pay another company to make these other repairsWhile my client was willing to voluntarily make certain repairs to the semi truck after D*** took as a form of "good will" and "customer service" (even though it was not required to do so and did not promise to make unlimited repairs or correct all issues with the vehicle), my client will not continue to make multiple repairs to the vehicle at no chargeThe vehicle was purchased in an "AS IS" condition and the initial repairs that D*** requested were completed or paid for by my clientMy client has no further legal obligation to make the repairs that D*** now demandsNo promise was ever made by anyone at Trux that the vehicle would be fully repaired to a new or like new condition, nor was any promise made to remedy any and all issues that could be the cause of the check engine light
My client denies that D*** was ever made any promises about certain repairs, or that representations were made to the vehicle prior to D***'s purchase - at all times, the sale was "AS IS." In any case, by undertaking certain work on the truck at no cost (and even paying for third party work on the vehicle), my client went over and above its obligations in an attempt to satisfy D***'s demands - but it will not make further repairs at no cost
*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 meThank you [redacted] * * * * * * * * * * * * * * * [redacted] Attorney at Law LLC MAILING: [redacted] ***, Copley, Ohio OFFICE: [redacted] Fairlawn, Ohio Phone: [redacted] E-Mail: [redacted] ; [redacted] [redacted] , ATTORNEY AT LAW, LLC MAILING ADDRESS: [redacted] COPLEY, OHIO E-MAIL: [redacted] OFFICE: [redacted] FAIRLAWN, OHIO November 1, 2016David D***Revdex.com West Market Street Akron, OH 44303RE: Trux & Equipment, LLC — Joshua [redacted] , Revdex.com ID No [redacted] Dear MrD***: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 Freightliner Cascadia truck (the "Truck")At the time of purchase, the Truck had been driven 558,miles by previous ownersThe Truck was a "used condition" vehicle — i.eit was not a new vehicleThe 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 TruckIn 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 issuesThe 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 FORMTRUX MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE VEHICLEPURCHASER 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 PROVIDEROn 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 adjustedAs 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 repairsRather, [redacted] continued driving the TruckEventually, on July 6, 2016, [redacted] took the Truck to Stoops Freightliner located in Dayton, OhioStoops conducted diagnostics testing, which came back "clean" other than a "CPC reflash" and voltage resistance checkThese minor issues did not relate to [redacted] 's alleged clutch or power issuesTo maintain a good relationship with [redacted] , Trux pay Stoops Freightliner the $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 TruckAccording 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] purchasedSubsequent 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 TruckThe 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 vehicleBecause 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 TruxIn 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 vehicleAnd, in this case, [redacted] did initial the AS IS sale language, thereby signifying his agreement and understanding to the same (see page 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" issuesTrux had made multiple requests for [redacted] to bring the Truck to the Trux facility for review — but [redacted] refused and continued to drive the TruckWhen diagnostics were ultimately conducted on the Truck (which were paid for by Trux), only minor issues were found to existHowever, 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 businessAnd [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 purchasedTrux had paid Stoops Freightliner for the diagnostic testing that was conductedTrux 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 othersTrux 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, Subject: Complaint #: [redacted] To whom it may concern, We received the complaint addressed August 23, Please see the below response: [redacted] called Trux & Equipment August 08, to submit an application for financing on a Peterbilt of which he informed us at that point in time he had $3, available toward a down paymentMr [redacted] arrived at our location August 14, with intentions of inspecting the truck he would be purchasingAfter test driving the Peterbilt he decided he would rather purchase a Freightliner CascadiaAt which point we switched the vehicles at the finance company to get a new approvalMr [redacted] agreed to put a deposit of $dollars and signed our Purchase Agreement that states in three different spots that THE DEPOSIT/DOWN PAYMENT IS NON-REFUNDABLEIt also states, the down payment conditionally holds the vehicle for Purchaser for a period of up to five (5) business daysThe Freightliner Cascadia that Mr [redacted] chose was the only speed Freightliner Cascadia left available on our lotMr [redacted] wanted to make sure this specific truck was held for him which is why he placed the depositOn August 14, we submitted the insurance requirements the finance company requires to Mr***s chosen insurance companyThe morning of August 15, the customer received the loan documents via emailThe afternoon of August 15, we received an email from Mr***s insurance company informing us the insurance would not be placed until the end of the monthAs stated in the complaint the customer also called us the next day informing us he would complete the purchase in a few weeksIn 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 frameIf 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 truckWe submitted Mr [redacted] to a specific financing company of which accepts the down payment he had availableTrux & 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 regulationsMr [redacted] was then informed by his insurance company the title of the truck had to be in a specific stateWe 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, 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 insuranceAt this point in time we never heard back from the customer Thank you Trux & Equipment, LLC Park Avenue West Seville, OH www.truxandequipment.com
April 5, Subject: Complaint #:*** To whom it may concern, We received the complaint addressed March 28th Please see the below response: Mr*** *** purchased his truck July 28th At the time of purchase every customer is able to upgrade their warranty at additional costs,
since the truck is sold As Is/Where Is ConditionMr***'s purchase came with a Year/100k Engine Only WarrantyPer the customer's complaint repairs list even with the highest upgraded warranty available none of the stated repairs would have been covered as these items are wear and tear maintenance on a truckAs to the time the customer was down from shop scheduling, this is an unfortunate circumstanceThis is an industry standard for scheduling any repairs or maintenanceAs to the customers financial burden from traveling a further distance to get the truck into another shop sooner was the customer's decisionWe have no control over other shops schedulesIndustry standard for miles driven per year is 80-100,000, Mr*** ran 132,miles in his first year of owning the truckBased on the amount of miles the customer ran, the down time from repairs was minimalAfter further review of the customer's account and his comments about the truck being a lemon, the industry standard average repair maintenance amount per mile for a truck is $.05/mileIn the first year of owning the truck the customer ran 132,miles with only having to spend $3,in repairs and maintenanceThis is well below industry average as he only spent $.02/mileThe warranty coverage at the time of purchase was only for 1Yr or 100k miles, we advise all customers to purchase additional warranty when the original warranty expiresThe $7,the customer is referring to that caused him to surrender the truck possibly could have been prevented if this additional warranty was purchased after the original warranty expired We are not able to further assist with the desired settlement as this is between the customer and the bank We give all our customers the highest quality customer serviceWe feel the customer was successful with the truck based upon the information givenThank you for your cooperation in this matter, should you have any questions or concerns please feel free to contact me.Thank you,*** ***Finance Manager
August 30, Subject: Complaint #: *** To whom it may concern, We received the complaint addressed August 23, Please see the below response: *** *** called Trux & Equipment August 08, to submit an application for financing on a Peterbilt of which he informed us at
that point in time he had $3, available toward a down paymentMr*** arrived at our location August 14, with intentions of inspecting the truck he would be purchasingAfter test driving the Peterbilt he decided he would rather purchase a Freightliner CascadiaAt which point we switched the vehicles at the finance company to get a new approvalMr*** agreed to put a deposit of $dollars and signed our Purchase Agreement that states in three different spots that THE DEPOSIT/DOWN PAYMENT IS NON-REFUNDABLEIt also states, the down payment conditionally holds the vehicle for Purchaser for a period of up to five (5) business daysThe Freightliner Cascadia that Mr*** chose was the only speed Freightliner Cascadia left available on our lotMr*** wanted to make sure this specific truck was held for him which is why he placed the depositOn August 14, we submitted the insurance requirements the finance company requires to Mr***s chosen insurance companyThe morning of August 15, the customer received the loan documents via emailThe afternoon of August 15, we received an email from Mr***s insurance company informing us the insurance would not be placed until the end of the monthAs stated in the complaint the customer also called us the next day informing us he would complete the purchase in a few weeksIn 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 frameIf 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 truckWe submitted Mr*** to a specific financing company of which accepts the down payment he had availableTrux & 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 regulationsMr*** was then informed by his insurance company the title of the truck had to be in a specific stateWe then informed Mr*** 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*** ***, the salesmen called Mr*** August 17, 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 insuranceAt this point in time we never heard back from the customer. Thank you Trux & Equipment, LLC Park Avenue West Seville, OH 44273 www.truxandequipment.com
I am rejecting this response because: I feel I need to take legal action on this matter because I feel that trux and equipment took advantage of me in a desperate situation
Initial Business Response /* (1000, 5, 2016/03/10) */
* and I am an attorney representing Trux and Equipment, LLC ("Trux")Along with this response you will find the Purchase Agreement that MrD*** signed with my client, indicating that the truck was being purchased in
My name is Chris F
its "AS IS" condition (with the balance of the manufacturer's warranty)Also enclosed is a document that D*** signed indicating that he chose not to obtain a limited warranty on the Peterbilt truck that he purchased
After D*** purchased the truck, Trux made certain repairs to the pre-owned semi truck to bring the same to a working and driveable conditionAfter taking delivery, D*** contacted my client regarding a check engine light that he claims was on - and he was instructed to bring the truck to my client's facility for repairHowever, rather than doing so, he chose to drive the truck past my client's facility to deliver his load; he then took the vehicle to a different repair shop that was closer to where that load was deliveredD*** then contacted my client to demand that they pay the repairs that were suggested D*** chose to ignore my client's offer to make repairs to the truck at its own facility, my client voluntarily agreed to pay/reimburse D*** for 50% of the amount that would be invoiced by this third party shop for the repairsThe repairs were then madeApproximately a week later D*** contacted my client and indicated that he was having the same issue with the truck, at which time D*** was instructed to contact the third party repair shop that had done the initial repairInstead of having that third party repair shop fix the issues, D*** showed up at the Trux facility and requested that my client repair the truck - which my client did
Since that time, D*** has contacted my client indicating that there may be other issues with the truck and has asked my client to either make additional repairs or pay another company to make these other repairsWhile my client was willing to voluntarily make certain repairs to the semi truck after D*** took as a form of "good will" and "customer service" (even though it was not required to do so and did not promise to make unlimited repairs or correct all issues with the vehicle), my client will not continue to make multiple repairs to the vehicle at no chargeThe vehicle was purchased in an "AS IS" condition and the initial repairs that D*** requested were completed or paid for by my clientMy client has no further legal obligation to make the repairs that D*** now demandsNo promise was ever made by anyone at Trux that the vehicle would be fully repaired to a new or like new condition, nor was any promise made to remedy any and all issues that could be the cause of the check engine light
My client denies that D*** was ever made any promises about certain repairs, or that representations were made to the vehicle prior to D***'s purchase - at all times, the sale was "AS IS." In any case, by undertaking certain work on the truck at no cost (and even paying for third party work on the vehicle), my client went over and above its obligations in an attempt to satisfy D***'s demands - but it will not make further repairs at no cost