Group Buy Not Honored

[Racerbvd]

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

Sent: Mon, Jul 12, 2010 4:22 pm
Subject: Re: : New Optima Batteries

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 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???

Announcing the special offering of Optima batteries. Offer includes any red or yellow top. Email me at ******@***.*** to order. Batteries are shipped direct from factory to you and come with a full factory warranty. The Red Top 35 fits ...


Upon payment receipt, I will mail you a certificate issued by Opitima for one battery which you then mail into Optima. This is a limited time offer. This is a manufacturer's promotion only and is not available thru retailers and distributors. Email me for pricing.

[pwd72s]

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

[Racerbvd]

Originally Posted by pwd72s

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..

[A930Rocket]

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.

[gtc]

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.

[stomachmonkey]

Seems simple enough to me.

Someone owes You money or a battery.

Get er done.

[Zeke]

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

[Joeaksa]

Originally Posted by stomachmonkey

Seems simple enough to me.

Someone owes You money or a battery.

Get er done.

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

[Racerbvd]

Originally Posted by gtc

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.

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

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?

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 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...

[Tobra]

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

[s_morrison57]

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

[North Coast Cab]

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

[Racerbvd]

Originally Posted by North Coast Cab

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.

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

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

[Por_sha911]

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?

[stomachmonkey]

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?

[cashflyer]

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.

[Racerbvd]

Originally Posted by s_morrison57

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

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 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

-----Original Message-----
From: Decals944cup@aol.com
To: me911bvd@aol.com
Sent: 44cup.com Forums - Information Re: : New Optima Batteries


yo can send me a check to :44cup.com Forums - Information

Dave Derecola
4250 Doncaster Dr
Indian Head, Md 20640

will hold til Saturday. That should give u enough time to get a check here. Thanks.

In a message dated 7/12/2010 4:17:42 P.M. Eastern Daylight Time, me911bvd@aol.com writes:
I don't have pay-pal but need both..





-----Original Message-----
From: <b><font size="7"><font color="Red">...nt></font></b>
To: me911bvd@aol.com
Sent: Mon, Jul 12, 2010 4:08 pm
Subject: Re: : New Optima Batteries


I currently have 2 left.
Sent from my Verizon Wireless BlackBerry

--------------------------------------------------------------------------------

From: me911bvd@aol.com
Date: Mon, 12 Jul 2010 15:51:50 -0400
To:
Subject: : New Optima Batteries

Is it too late????

Thanks,
Byron

: New Optima Batteries
Announcing a price drop in this next round of grp buys of Optima batteries. New price is $85, delivered. email me at decals944cup@aol.com to order.

Here is Dave's BS exuse.

On Apr 24, 2011, at 4:13 PM, decals944cup@aol.com wrote:


If Byron told you that I said no expiration as you say, then Byron was telling you incorrect information and misled you. Sounds like Byron owes you a battery. If you planned to hold on to the cert and were unsure, u should have asked me .




Sent from my Verizon Wireless BlackBerry


--------------------------------------------------------------------------------

From: William Mclendon
Date: Sun, 24 Apr 2011 10:37:21 -0700 (PDT)
To:
Subject: Re: Fwd: : New Optima Batteries



dave
i never spoke to you directly
i am not claiming you told ME no expiration
that was between you and bryon (mebvd911)
but that was what bryon told me because i did ask
however neither the certificate nor correspondence
indicated any expiration only a limited time to buy the remaining two certificates(all recently forwarded to you)
which i in good faith purchased for $170 redeeming one
these were not freebies and and like a prepaid debit or gift card no expiration or decline in value was noted or anticipated
these were not store coupons with redemption limitation
someone got the $85 and i am getting NOTHING?????
i note on your current offer buy now get till end of 2011
(thread dated sept 2010) thats is 15 plus monthes
i bought in july and can't redeem in april (10 monthes or less)
it doesn't feel that is right or fair
can you will you help
bill the buyer from B&B track cars
thanks and happy easter

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...

[9dreizig]

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 :-)

[nynor]

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

[Danny_Ocean]

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

Optima Battery - Rennlist Discussion Forums