GTM Performance Engineering: MHI Twin Turbo Official Release

MMC Racing

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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2014 F150 Raptor, 2014 Mazda 3, 2015 Nissan GT-R

Alkatraz

Finally I can agree with you!
At long last we have gone from your initial statements....

....to what would actually happen. It could go either way. At least you got some objectivity in there eventually!

As for paying the rest of the invoice and then demanding performance from GTM, I don't think that this would work either. GTM cannot deliver something that is not yet ready and which did not have any specific delivery time outlined. Again it would need to be looked at by a judge and then a decision made as to what a 'reasonable' length of time is.

As per my Fast Intentions example, you cannot put down a non-refundable deposit on a product that you know for a fact is not yet available and has no exact delivery. Then change your mind before the product is ready and in order to get your deposit back, make full payment and say "well, they don't have the product available so I want all of my money back!". You go into the deal knowing that if you want to get out, it will cost a certain amount.

The only variable is what length of time would be considered reasonable by a judge for the product to be ready. In GTM's case a judge might say that the current delays are excessive or that another 6 months would be reasonable, who knows.