Group Buy Not Honored
 

We got in a group buy last year, bought a couple of certificates for our track cars, ordered one right away as we needed it, asked if there was an expiration as one of the cars had a fairly new battery, paid, got the certificates, redeemed one right away, this was last July Well, the battery in the other car died, yesterday try to oder the other one, that was PAID for, only to be told that the certificate had expired:eek: How does a certificate for a product, that was purchased in good faith, and does not have have an expiration date on the certificate, none implied, only an issue date(see photo, only the Cert # has been removed, and Note, that isn't when we bought them) and the vendor refuses to honor it.. Again, this is for a new part, only redused price, was paid for, not a warranty issue..
So what do you guys think???


http://forums.pelicanparts.com/uploa...1303496310.jpg

Probably because they figure you won't bother to talk with a lawyer...

Well, my partner in the Track car biz is retired, and has plenty time & Lawyers in his book.. I really don't want to to come to that, the guy who did this is a pretty well known guy here, I thought he was a straight shooter, but it is clear he isn't..

Wasn't there something similar to this involving a track event? In the end, the track or vendor gave in and honored the certificate. What does Optima ssay?

Keep after them and make it right.

EDIT: It was a restaurant gift card. The place changed owners and the new owners wouldn't honor it.

If they are refusing to honor it because the issuer of the certificate has changed ownership, you may be SOL.

Some states have laws stating that gift cards and certificates may not expire. You might want to see if Florida is one of these states.

Seems simple enough to me.

Someone owes You money or a battery.

Get er done.

I see a refund at best. Payment for a product never received does not expire in a year.

Agreed. You might send them a link to this thread and see all the wonderful publicity they are getting!

It hasn't changes, same guy we bought them from is telling us no..

They said go back too the person who sold it to us, who won't honor it, and clearly, there is no expiration date on the certificates:mad: I'm giving him a chance to make good, which is why I haven't posted who he or the group is, only because of his responses did I feel compelled to even post this thread...

Send a ten day letter.

despite our extensive correspondence you continue to refuse to fulfill contract blah blah forced to pursue litigation sort of thing

you may never see the battery or the dough, but you can turn it into at least a moderate pain in their asses

So name the guys business so we know to stay away, we love name droppers for this kinda thing

Go back to the guy that initiated the Group Buy. Seems there is a connection there somehow....

We have, and I'm sure I asked about an expiration date when we bought them, his response was PROVE it, well, I don't have any e-mails past 6 months ago when my PC crashed, so all I have is the certificates. :mad:
I want to give him a little time to make this right, I just wanted to see if you guys thought that I was in the right. Bought a product, issued certificates with no expiration date, try to redeem in less than a year of purchase, told no:mad:

No expiration on the certificate (and you didn't sign anything about it) so they are obligated. Small claims court. Post the name of this loser. Even if they make good, who wants to do business with someone that has to be forced to honor their word?

If I was selling someone a certificate that expired in 9 months I think I'd make it pretty clear both verbally and in written communication so as to avoid exactly this type problem/hassle.

What is not clear is the financial arrangement between the cert seller and Optimo.

Where the certs paid for up front, out of pocket? Or were they "consignment", does the cert seller only pay upon redemtion?

Or were they promotional/free?

"...for each paid participant we will provide a complimentary Optima battery certificate that can be redeemed through FM3 Performance Marketing and shipped directly to your home...."
Optima Street Car Faceoff – Clarification - Important offer [Archive] - Pro-Touring.com

A search on "optima battery certificate fm3" shows a lot of Optima "giveaways" thru FM3.

Quite possible whoever sold the certs got them for free which would make it extra scummy for them to not refund Byron.

If the cert were indeed "Free" it would explain Optima not honoring it.

Byron, see if Optima can tell you about the promotion related to the cert number.

And BTW, who was it?

Make a stink.

Be careful about publicly naming the thief who took the money and ran.
Do not open yourself to a libel suit. Keep the law on your side.

Since this is a result of a WC promo, contact SCCA.
And contact the WC executives:
Dave Drimmie (Marketing & Promotions) - (416) 604-3113
Scott Bove (Sales/Sponsorship) - (303) 842-7353
Reece White (Public Relations) - (785) 357-7222
Jenny McAbee (Contingency) - (785) 357-7222

Contact Johnson Controls and let them know that this tarnishes their reputation, and diminishes the chance that you will purchase their products in the future. Remind them that Exide makes a comparable product.


Then go file in small claims court against all of the above entities as defendants.
Mail them certified copies of the judgment.

OK, I feel that I have given him plenty of time to make right on this, still nothing, so.. Here is the e-mail of when we bought them:mad: Cash, we made the calls, but no luck:(
His only exuse is that he says he never said there was no expiration date, I thought he did, but as some here know, I have been on & off some strong meds, but none of that changes the fact that we bought them in July of 2010, there is NO expiration on the certificate, we tried to use our 2nd certificate in April of 2011 and were told they expired in March:eek:





Here is Dave's BS exuse.

BTW, he is currently posting stuff for sale on this site.. I held off giving his info thinking he would do the right thing, but he makes it very clear that he isn't and shows just what kind of person he really is to deal with...
:mad::mad:

what a dick he should at a minimum give you the $85 back.. what's thread that he's selling stuff perhaps a flood of PM's would help :-)

ah... byron is back. welcome back byron!

Looks like he's ripped-off Rennlist, too:

Optima Battery - Rennlist Discussion Forums

He did post that the GB cert expires on 12/11. But it's an afterthought, not part of the original offer.

Makes me think Byrons situation is not unique.

Byron - search up every ad he has placed and post a warning on each

I find this interesting....... Every GB cert that was sent to me has a expiration date clearly printed on it or in the email.

I'm about at the point where I'm going to do that, not my style, but he is leaving me no choice based on his actions. I did ask him to make good on the offer on his Rennlist posting, but still nothing. He has a lot of ads running on RL and a few here, but I really don't want to be that guy who stalks post, angain, not my style..

This one had none, and it is clearly an after thought in his post, otherwise our cert. would still be good..

Seems pretty clear that he owes you $85 or a battery. Surely his reputation is worth more than that.

What a douche.

He posted 'Group Buy' at NNJR website last year, and did not mention an 'expiration date':
http://www.nnjr-pca.com/forum/viewtopic.php?f=35&t=3721&p=42292&hilit=optima#p42 292

I'm real close to taking Webb's advise, don't want to, shouldn't have too..
And I'm sure PCA won't be to happy about his action either...

:mad:Yep, and he still hasn't stepped up to the plate to do the right thing...:mad:
I really don't want to have to Troll his posting nore do I want to have my attorney bother with this. Why doesn't he just step up to the plate and do the right thing before I post on every ad for every thing he post from here, to rennlist, to PCA to even his own 944 Cup site.. Dave, be a man, honor what you SOLD us....:mad:

Sounds like a real winner you have on your hands here... and love the publicity he is getting.

They are defending him on rennlist and said I should keep it private, I pointed out that I held back on outing him and 2 months is more than enough time for him to man up.. Funny, he screws up, won't honor his screw up and over there, I'm the bad guy:confused:

Byron,

We are always the bad-guy in the person's own backyard, even when they are wearing the mask and demanding our money....

Yea David, and he just ignores it. You can tell a lot about a man by how much his word & rep mean to him, $85 is pretty cheap:o

byron....post a link to the rennlist thread......i'll go and get banned for you LOL

Especially when he probably gets them for free.

Have you spoken to Optima? Companies usually frown of marketing/distribution of their products through questionable channels.

Did you PM Optima Jim? Where is he when we need him? (usually pops up here once a year)

I'm no lover of these batteries anyway. I was 10 years ago, not now.

I got that feeling from the beginning.

He gets them for free for specialty promos and sells the left overs.

Would explain why it was not valid for 12 months when Byron bought it.

Me, too.

post the link ya weenie.....