Ok Em I In The Right Here?

[yogibear]

ok let me just start by saying i have tryed every thing too get back what is mine and now its truning out as if i have to go to the office of fair trading do you think i em in the right or wrong?

ok heres the story

i bought a clutch kit off slide performence (and yes i did just say thier name i dont care maybe they shoudl clean thier act up.)a well know sponsor on this site and was a well know sponsor on ns.com.

the clutch took about a week to get here that was here or thier to me to be honst, ok next thing i book my car in to "newcastle gear box and diff" witch is a well know work shop in newcastle NSW and have been in bussienss a very long time.

drop the car off at 8am like asked and gave them my money witch was $341 for install and machineing of flywheel + gear box oil.

comes 11am i get a phone call off them the pressurer plate is wrong.... ok they try and take the dowels outa the fly wheel to see if the bolts would even line up and nope.....

so here i em stuck wiht my car in a work shop no clutch and still paid for installstion my organal clutch was rooted so that wasnt a option any way they ended up intastalling a VERY 2nd hand std clutch again.

i ring him and tell him its the wrong one he then processed to argue about this.... i finally get im to take it back so i sent it off and said how about you reinberss me some of my money off the install of the clutch coz of your mistake you cost me 341 bucks i asked for 50% coz i accpet mistakes happen, he isnt keen about this at all and says its my porblem and it was my mistake....... i em like buddy if you really want i can go to fair trading and get the whole 100% back or you can be reasonable and just give me the 50%.

now he is saying its not his fualt coz it was boxed wrong by his supplier? like mate that has nothing to do with me i bought it off you and you made the mistake you didnt check it.

now i have given him till monday to stop ignoring my phone calls , pms and msgs on his trading forum or i em going to fair trading coz this is just bs,

so what do you all think?

o and for why his not a trader on ns.com read here

http://www.nissansilvia.com/forums/index.p...howtopic=303498

[lighty01]

"now he is saying its not his fualt coz it was boxed wrong by his supplier? like mate that has nothing to do with me i bought it off you and you made the mistake you didnt check it."

amen!

[PM-R33]

Ouch some harsh comments on Nissansil. I've dealt with slide numerous times and have always received my stuff and they have been a pleasure to deal with (Aaron, Brent etc). However i can see where you are coming from man. Bit of a tough situation...

Edited May 16, 2008 by PM-R33

[jeff]

im on your side

retailers need to stand by what they sell regardless of where they get their stock from.

could you have asked the installers to put the car aside and wait for the correct part to be delivered? I wouldve rang slide and told them the issue and maybe they wouldve said sorry, we'll courier the correct one asap??

i reckon your installer knows that you'll be back one day to get the new / correct clutch installed and be able to charge you again...

thats my 2 cents

[VB-]

hahaha another happy customer from slide performance.....

[dezz]

Will be locked/deleted real soon I'd imagine...

Remember, you can't slander forum sponsors. You may only slander multi million dollar businesses who actually have the resources to sue for defamation

[Duncan]

wow dezz given your warning history I'm surprised you think trolling in here is OK.

At any rate this thread seems factual not an attack to me. I'm sure slide is not the first trader that has received a wrong part from a manufacturer.

I'm no dept of fair trading employee but I'd be surprised if they owe you anything more than a replacement? They of course are just a distributor, not the manufacturer. Maybe contact the manufacturer with your claim? I take it once they agreed it was the wrong part they agreed to replace it with the correct part?

[bombtrack]

I am afraid I think Duncan is right.

I think it would be totally up to Slide whether they reimburse you your installation money as an act of good faith, but not actually required by law.

Must be frustrating nonetheless. Sorry to hear you've had problems mate, car modding is expensive so mistakes tend to be expensive too

[(B1) MR_fanny]

even though its a tricky situation, you did decide to go ahead with the install of the used clutch. should have let it sit there, contact slide and arange a replacement eventhough it is inconvenient.

its a hard one. i think he does have responsibility to replace, but im not sure about reimbursing you for an installation you didnt agree with him to prior.

[spilmer]

if slide values his reputation, this thread will have a positive outcome. Otherwise, unfortunately his reputation is f**ked as far as im concerned. Would even bother taking the risk with him.

[R34NRG]

i myself have come close many times to buying off slide but never ended up doing it. sounds like a great guy but thats only from personal experience.

but you would think that SAU would pick up its game aswell to sort this shit out, you got forum members signing up to this forum thinking its "sponsered traders" would be ppl you would not expect this shit to happen.

come on SAU get off your f*kn ass and either help this guy sorrt this shit out or get slide off as a sponsored trader (who gives a shit if he pays u guys money to keep this shit rolling, is it worth the risk of flamin mongrels not trusting sau to buy stuff from the future? and ultimately leave?)

and ummmm......yeh =]

i think we should wait to hear from slide before jumping to conclusions........im sure his done alot of good for these forums aswell.

thats assuming that we do hear from him.......so lets just wait till monday. give us an update wen u can yogibear

Edited May 16, 2008 by R34NRG

[scathing]

buddy if you really want i can go to fair trading and get the whole 100% back or you can be reasonable and just give me the 50%.

Go get your money, I say.

now he is saying its not his fualt coz it was boxed wrong by his supplier?

Just because its not his fault doesn't mean its not his problem.

As a retailer, the Trade Practices Act says its his responsibility to ensure that he sells you the goods you ordered.

[OZ_Pomy]

I have personally dealt wiv slide with success in the past but have heard of sooooooooooo many bad deals with him i think its absolute bullshit that sau always seems to cover up any bad doings from him. I bet this thread will be deleted soon like usual when a bad word is said about him. I think you should be reimbursed of ALL the costs and i also think he shouldnt be a site sponsor after all the bullshit he has put many people through. But hey thats just my 2 cents.

[jenkies]

come on SAU get off your f*kn ass and either help this guy sorrt this shit out or get slide off as a sponsored trader (who gives a shit if he pays u guys money to keep this shit rolling, is it worth the risk of flamin mongrels not trusting sau to buy stuff from the future? and ultimately leave?)

and ummmm......yeh =]

are you f**king serious mate no way can you blame SAU for this they help where they can and have done so 1000 times over! ITS NOT SAU's FAULT WHATSOEVER

it was obviously slide's distributor that made the mistake and i feel they are liable and if slide would like to help out of good faith good on them !

as for the purchaser i am sorry to hear this an i hate anyone lookingfor parts getting messed around thumbs up mate and you now deserve your share of good carma!! try get in touch with the distributer for their error and i hope they reinberse you!!

good luck champ

[saliya]

now he is saying its not his fualt coz it was boxed wrong by his supplier? like mate that has nothing to do with me i bought it off you and you made the mistake you didnt check it.

Hey,

I'm with scathing on this one:

If you told Slide that you wanted to buy a clutch for your Model T Ford, and the supplied clutch does not fit a Model T Ford,

the clutch isn't fit-for-purpose under the Trade Practices Act 1974.

S74B says that you have a right to be compensated for any loss or damage you've suffered as a result.

This isn't just the 'honourable', 'good faith' or 'right' thing to do - it's what they're required to do.

How much? How long is a piece of string? Did you rent a car while you were having the clutch installed?

Take time off work? Lose a valuable contract because your car wasn't ready in time? Couldn't travel to

an expensive event you paid for because of the non-working clutch? What losses or damages did you

actually suffer/will you actually suffer as a result?

"Reasonable" is probably paying for shipping+install of the correct part, if you got the strops and spoke to an

expensive lawyer you could test the length of that piece of string. For $350 you (and Slide) probably don't want

to get into that battle.

The simple solution is probably for Slide to negotiate with your mechanic a trade price to have the correct clutch installed,

then send them the clutch for installation at your convenience. Then you get what you want (a new clutch), and they get

what they want (cheapest way out of it).

If Slide's suppliers boxed the parts incorrectly; then they basically have to cover Slide's losses (S74H of the same Act).

So Slide can pay you the money and claim their losses from their suppliers; whether they do this or not is up to them and does

not affect their liability to you.

Regards,

Saliya

[Duncan]

so lets be perfectly clear, because this thread is very close to being closed the way it is going.

It is against forum rules to make negative comments about any business.

SAU does not treat it's paid traders any different to any other business in this regard. Traders are just paying to advertise on the forum not getting some sort of editorial protection.

Now on to my opinion again - no doubt any australian business has the same responsbilities under law.....but everyone is happy to go to the trader with the cheapest (lets say "daewoo") price, but they expect top (lets say "lexus") service.

If the first poster had paid the workshop to fit a clutch, he obviously would not have paid for the mistake - the workshop would have pulled it apart, found the problem, contacted their supplier and fitted the correct part when it arrived (either then or later). Instead, he has tried to minimise the cost by getting the cheapest clutch he could and just getting the workshop to install it. So....pay bottom $$ means you take a risk if something goes wrong.

Ultimately I guess it is possible to make a claim to recover the money from the seller, and they can in turn claim from the manufacturer. But if you want to do it the unrisky way next time, pay a little more for the workshop to do the whole deal.

And don't even get me started if you purchase the parts from overseas (say Nengun) and get the wrong one.....

[sh@un]

speed, quality, price.... feel free to combine any 2 only

[Birnie]

It is against forum rules to make negative comments about any business.

Can we get some more on this?

Seems a bit rediculous, no matter who were are talking about

Under those rules, ALL busnisesses whether good, bad, ugly or down right scammers....are all all top shit ????

Because.......we aren't allowed to say so.

Does it also include leaving bad comments in the rating system?

[babyskyline]

speed, quality, price.... feel free to combine any 2 only

So true a lot of the time these days.

Hope it all works out for you in the end.

I say do what ever you have to do to get all of your money back!!

Its Bulls*&t how this sort of stuff can still happen

[Duncan]

Birnie, there has been plenty of threads and discussion about this rule, but basically the reason is simple.

Although they are hosted offshore, the forums are owned by 1 person who does it as a hobby. He is not a lawyer just someone who likes skylines. There are protections for businesses when people "publish" negative comments (slander and libel laws). By not allowing any negative comments to be posted he avoids the risk of being sued every second day by a business that can afford to do so.

Bottom line is, these forums could not operate without the "no negative comments rule".

You are always welcome to post up an experience without naming the business involved, and then provide further details by PM if someone requests as that is a private discussion.