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Unread 12-30-2015, 10:00 AM   #4
Rich Z
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Join Date: Mar 2006
Location: Crawfordville, FL
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Name : Rich Zuchowski
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Here is the further correspondence:

Quote:
On Tue, Dec 29, 2015 at 3:20 PM, Rich Z wrote:

"FOR RACING PURPOSES ONLY. These competition parts are sold "as is" and without warranty of any kind. Purchaser acknowledges that the installation of these parts will cause his/her vehicle to be unable to be lawfully used on public highways and assumes all risks and expenses thereof. Buyer recognizes that motor racing is a dangerous sport and that participants therein incur and assume the risk of bodily injury, death, or property damage."

Bullcrap, too! If you are not going to warranty what you sell, then you are not going to get my business.

Please cancel this order and refund my money if that is the position you are taking on what you sell.

Rich Z.
Quote:
On 12/29/2015 4:35 PM, Shipping Dept wrote:
> Rich -
> I don't understand what you're trying to state or what your concern is... Hinson Motorsports does and always has warrantied the performance parts they sell online and over the phone. Your copy and paste message above is called a disclaimer, it means all warranty returns or issues are handled on a case by case basis. We've been in business for over 10yrs and haven't had an issue with our parts or customer service with warranty issues. Once again Hinson Motorsports products come with a warranty on a case by case basis and all orders come with a 30day return policy. Please let me know if you would like me to cancel your order or move forward with it.
> Your order is scheduled to ship today.
> Thank you,
>
> Shipping Department
> HINSON Motorsports Inc.
> 4675 Appaloosa Drive
> Irondale, AL 35210
> hinsonmotorsports.com
> 205.909.9402
Quote:
On 12/29/2015 6:26 PM, Rich Z wrote:
> Exactly. By "case by case basis" that means you can wash your hands of any responsibility whatsoever for the products you sell and the customer has absolutely no recourse. So you CAN just tell me to go fly a kite if those motor mounts I get are defective in any way.
>
> I've rubbed elbows with enough attorneys to recognize that my accepting the order with that "disclaimer" basically neuters any rights I would have to satisfaction if the products prove defective in any way. Sorry, but I do not knowingly buy merchandise under that sort of handicap. If you want to continue with this order, you will need to send me an invoice WITHOUT that disclaimer attached to it. Otherwise I am legally bound (and I mean that in the strictest definition of the word) as accepting that merchandise "AS IS" as it states. Which, quite frankly, I have no intention of doing. I've had my fill of getting garbage from sellers over the years, so although you have a good reputation, mistakes happen, and I have to protect my own best interests.
>
> Sorry, but I buy from a lot of companies, and they do not engage in this sort of legal nonsense. This is raising red flags on the field in my opinion, so if that is your game, I'm not playing. You either stand behind what you sell, IN WRITING, or you do not.
>
> Rich Z.
>
> ps, sorry, I could not reply any sooner, as Comcast dropped off line right after I received this email from you.
Quote:


On 12/30/2015 9:26 AM, Shipping@HinsonMotorsports.com wrote:
> Your order from Hinson Super Cars with order number 109446 has been refunded.
So that is that.

As for it being a "generic disclaimer", regardless, they are demanding that I confess to driving my car on the street with illegal modifications and accept no responsibility for the quality of what they are selling in order to do business with them, if that is the case. I decline that "honor". I will not do business with any company that uses such a "backdoor" disclaimer unless I specifically know IN ADVANCE to paying that this is the stipulation I have to agree to beforehand. There was no indication on their website about this prior to my placing the order, and actually directly contradicts what they state on their site concerning warranty. In my opinion, it is just bad form to state that you will warranty a product prior to the order being placed and then afterwards after having received payment for the order, make a disclaimer that states exactly the opposite.
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