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GTM Performance Engineering: MHI Twin Turbo Official Release

Originally Posted by Dzel At the same time you would of saved everyone a headache if you would of stated about the fees in the contract! Sent with TapAhoe There

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Old 12-18-2013, 07:56 AM   #1 (permalink)
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Originally Posted by Dzel View Post
At the same time you would of saved everyone a headache if you would of stated about the fees in the contract!

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There are two sides to performance of a contract. What he should have done is paid in full the kit when ready to cancel, thus fulfilling his side of the contract. When GTM could not deliver the kit, they would have to give a full refund.
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Old 12-18-2013, 08:34 AM   #2 (permalink)
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Well I'm a grown man and I can see when I'm wrong. I do apologize about the whole fee thing my understanding was that there were no restocking fees. I did not know about the contract. A contract is a contract. Period.

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Old 12-18-2013, 09:14 AM   #3 (permalink)
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Thats why he paid it in full.

I expected more concrete update, in this one I can't find anything related to the lacks of communication, rare updates and overall poor client service. Not to mention that we deserves some appologies for it. Moreover, I find it arrogant, the main message is: it will be ready when its ready, stay if you want, if not pay the fee and get lost.

Good luck guys with this project, I'm out. I've contacted with Sasha from Boosted Performance, great guy and awsome client service. Imagine he replies for my emails! Only couple of his kits left, ready to ship

When you will be waiting and begging for another crappy update in Summer 2014 I will be boosted already for months !
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Old 12-18-2013, 11:47 AM   #4 (permalink)
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Legal or not. Its still a daft move...just give the man his money, I am sure he has suffered enough.

Good luck everyone and chill out, boooooost.

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Old 12-18-2013, 12:58 PM   #5 (permalink)
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I see what you did there

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Old 12-18-2013, 06:46 PM   #6 (permalink)
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I believe all those products you mentioned had a release date and the buyer could look forward to on certain days for the finished product.
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Old 12-18-2013, 09:32 PM   #7 (permalink)
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Quote:
Originally Posted by elperuano View Post
I believe all those products you mentioned had a release date and the buyer could look forward to on certain days for the finished product.
I am pretty certain that many items can be 'pre-ordered' and layaway terms offered well before a release date is known and sometimes even before a final price is known, so this statement is basically null and void. Pre-order is basically a form of layaway anyway. Put down deposit, wait for product to be released, pay balance. Pretty sure that you can generally cancel a pre-order at no cost though but the layaway cancellation would still apply.

I don't see how that makes any difference anyway. Release date or no release date, the contract is still the contract. If there is a law that states that for any layaway deal to be entered into there must be a specific delivery date, then that's something completely different. Failing that, then I don't see how a lack of exact release date makes any difference. No one has shown us anything that states that the law is one way or the other.

If the contract is signed without any specific release date then the customer has no come back. Morally it is different story but contractually not.
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Old 12-18-2013, 09:56 PM   #8 (permalink)
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If the contract is signed without any specific release date then the customer has no come back. Morally it is different story but contractually not.
Please just stop guessing what our laws are over here. If there is no performance date in the contract, the judge will apply what he or she feels is reasonable.
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Old 12-18-2013, 10:14 PM   #9 (permalink)
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...the judge will apply what he or she feels is reasonable.
Which is......?
I asked you that before.....6 months? 12 months? 5 years?

I have openly invited someone to show me any laws that govern this particular area but no one has responded. It's easy to make statements about what would/should happen without providing any precedent.

Someone mentioned that there was a $1000 non-refundable deposit for the Fast Intentions TT kit pre-order. I don't whether this is true or not as i have only followed that thread very sporadically (and full of jealousy I should add :P). For someone who decided to pull out of their Fast Intentions TT kit pre-order (before the release date was actually announced), would your advice be that they should request their $1000 back?

If Tony said 'No. We had an agreement and I have now invested money into a kit that you no longer want. The $1000 is to cover my costs and you were well aware of this fact when you signed up.' Would your suggestion be for the purchaser to sue Tony and Fast Intentions?

I don't want to turn this into a vendor vs vendor situation, it's just a perfect comparison.
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Old 12-18-2013, 10:31 PM   #10 (permalink)
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Originally Posted by Alkatraz View Post
Which is......?
I asked you that before.....6 months? 12 months? 5 years?

I have openly invited someone to show me any laws that govern this particular area but no one has responded. It's easy to make statements about what would/should happen without providing any precedent.

Someone mentioned that there was a $1000 non-refundable deposit for the Fast Intentions TT kit pre-order. I don't whether this is true or not as i have only followed that thread very sporadically (and full of jealousy I should add :P). For someone who decided to pull out of their Fast Intentions TT kit pre-order (before the release date was actually announced), would your advice be that they should request their $1000 back?

If Tony said 'No. We had an agreement and I have now invested money into a kit that you no longer want. The $1000 is to cover my costs and you were well aware of this fact when you signed up.' Would your suggestion be for the purchaser to sue Tony and Fast Intentions?

I don't want to turn this into a vendor vs vendor situation, it's just a perfect comparison.
Just let it sink in a bit - the judge will make a call based on the evidence presented. What that ruling may be depends on THE EVIDENCE PRESENTED. The customer may print this entire thread and say "look, the vendor is not providing regular updates, has clear supply chain problems, and can not promise any performance date on our contract". The judge may say a reasonable time has already passed and void the contract.

Like I said multiple times, the customer should have paid off the contract and then demanded performance from GTM. That removes the fee from the picture entirely, but I could understand why they wouldn't want to take the chance unless they were local.
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Old 12-18-2013, 07:41 PM   #11 (permalink)
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I think it all falls on the wording of the contract. If any one has that we would be obliged and it would end all this fuss.

But we all know with all the issues the moral thing to do is not charge these people the fee.

From a business point of you it's smart to charge it. That's just how the world works.

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Old 12-18-2013, 08:05 PM   #12 (permalink)
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Pretty sure nearly every iphone was delayed... Just an FYI. But The Holy church of apple fanatics will sell their children into slavery for one.
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Old 12-18-2013, 08:37 PM   #13 (permalink)
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Pretty sure nearly every iphone was delayed... Just an FYI. But The Holy church of apple fanatics will sell their children into slavery for one.
Lol no way you're gonna compare those delays to this kind of delay
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Old 12-18-2013, 09:00 PM   #14 (permalink)
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Lol no way you're gonna compare those delays to this kind of delay
You'd be surprised how long some of those delays are. 3-6 months is nothing. The only reason it's something here is because it's a lot of money.

Anyways, if you want to see what this whole thing is a classic case of... Read this
The Osbourne effect Minus the obsolete thing.
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Old 12-18-2013, 09:38 PM   #15 (permalink)
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Originally Posted by SS_Firehawk View Post
Anyways, if you want to see what this whole thing is a classic case of... Read this
The Osbourne effect Minus the obsolete thing.
Nice find Firehawk. GTM should have read this 8 months ago!
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