CHRISIS

iTrader: (1)

Hi, first time poster here, but I've been lurking around the forums for a few weeks now. This is kinda long but...

I just got a Lexus IS250 in December and decided to get a clearbra done by the mobile installer who did a decent job on my parents RX. My dad stayed home with the IS so that the clearbra could be installed while I was at school. It took this guy EIGHT hours to finish it and said that I would have to wait a couple of days for it to settle and look better. I waited a couple days and then examined it very closely, and noticed that many of the edges were peeling, and there were many rough edges and even specks of dirt under the bra. He did the clearbra on 12/15 and so I called him the next week to discuss the problems. He told me he would try to stop by after Christmas so that he could inspect the car.

Christmas passes..and no call, so I periodically tried calling so that I could talk to him, but he would never answer. New Years Day passes..and there's still no contact with him so I call him and leave messages. He finally called back last week and told my dad he would come by on Wednesday. Wednesday comes and he calls and says he cannot make it, and he tells me that he will call me on Saturday so that he can stop by on Sunday. Saturday comes and there's no call, so I call him the next day and on Monday and he won't answer.

By this point, I have the feeling that he's avoiding me. So I left him a message saying that I am dissapointed in his service and am growing impatient with him. Surprisingly, he left me a message on my phone the next day while I was at school, and he says that he has an opening for me. But his openings were in the morning, and I need the car to get to school. So I call and we talk and I tell him how dissapointed I've been with him. He tells me that I'm being impatient and says that he's been busy the whole time and that's why he can never return my calls. BS I'm thinking, there's no way that he's sooo busy and works 24/7 that he can't take a couple minutes of his time to answer my calls. I told him fine, if you're really that busy then you don't have any time for me and just give me a refund since you won't have time to look at the car if you don't even have the time to answer or return my calls promptly. He then starts referring to his contract that my dad had to sign for him to begin installation, and at the bottom it read that "All sales are final." I was aware of this note when I asked for the refund, but I thought he would be more understanding considering he did a lousy job on the install, and that he has provided me with lousy customer service. He refuses to refund my money ($600), and tells me that he will call his lawyers and call me the next day.

So he calls me this evening and then at first tried to be all nice to me and saying that we should just solve this quickly. I told him that we couldn't since he would never pick up his phone. He again rambles about how he's so busy and all that BS about how he can't because others call him too and he's mobile and can't call everyone back. I tell him so what if you're mobile, does that exempt you from having time to call me back? At this point we're both yelling at each other lol. So I'm tired and told him again that I'd just rather have a refund than him touching my car again. He tells me he can't because of his contract my dad signed, and that he has 2 lawyers. I told him alright, I'll call my lawyer (I don't know if i really will). He hangs up.

Sorry for the long read but this has incident has made me very frustrated. I feel so ripped off paying $600 for an unacceptable install. I'm even more pissed off at the fact that he claims he's been to busy to answer or call me back soon. I wish I had found these forums earlier so that I could have gone to Aerotect . So do you guys have any idea of what I should do? Should I call a lawyer? Do I even have a case? If I don't, I guess I could live with this sorry clearbra for a while, and then later get it redone at a reputable place like Aerotect.

Thanks for reading and TIA

gsrthomas

iTrader: (1)

Sorry to hear about your troubles with him. You did sign a contract that says "all sales are final" so getting a laywer wouldnt help IMO. Did you pay crash or credit card? If you paid by credit card maybe you can file a claim through your credit card company and try to get the money back that way.

I just had my clear bra done two weeks ago by www.aerotect.com This place is in So Cal and every body on this board recommended them to me. If you need to get your clear bra redone this is the place to go. I think you should of came on this board and searched what is the BEST clearbra installer in CA. Thats what I did and i'm 100% happy with the work done. This guy does 8 IS's a week, so I knew my car was in good hands. If a guy takes 8 hours to do a clearbra installation then you know he NEVER did an IS before.

Let us know what happends.

joedaddy1

iTrader: (1)

what's his business name?

projectdna

iTrader: (56)

i don't know about the "all sales are final", but per contract law...

- you both entered into a binding contract
(you will pay him for clear bra and his installation services)
- he failed to satisfy the terms and conditions of the contract
(he messed up on the install)

i'd say this constitutes a breach of contract. review the terms and conditions of sales on the invoice/receipt, and then determine what you will accept as remedy to the breach.

if you really want to take him to court, take him to small claims. upside is, neither party can have legal representation, so he can't bring in a lawyer and neither can you. downside is, it's you against him. if you make a convincing enough of a case you can claim a full refund AND court fees. good luck.

chanh55

^ Valid point.

It does sound like a breach of contract on his part since he did not install the product properly.

What is the name of his business so we will know not to contact this guy for his services.

Goodluck.

TR3XX

iTrader: (1)

most installers will offer some sort of warranty for their product/work. if that's the case, he has to fix the peeling or any imperfections of the clear bra. review the terms and condition and see if that's the case.

if $600 is worth going to small claims court then i would go that route.
here's a link for some info: http://www.courtinfo.ca.gov/selfhelp/smallclaims/

if it's not worth the hassle then i'd go to aero tect and see if they can fix/repair the work. talk to them and see what options they can offer.

good luck and keep us posted.

CHRISIS

iTrader: (1)

I paid the $600 in cash.

The business name is:

The Next Generation Autoware
Mobile Service
Buena Park, CA 90621

It is a mobile clear bra installer.

Initially, a redo would have been ideal. But how could I have had a redo if I could not even contact him? When I finally left him a message saying that I was disappointed in his service, I guess it got his attention and so he called back the next day. And honestly, after his treatment and attitude of me as a customer, I do not think I would even want him to touch my car again. So I am going to look more into small claims court information in that link you provided, and then decide where to go from there. If I decide just to forget about it (kind of hard to do, $600 is alot to me), then I will keep the clearbra for a couple of months and then have it all redone at aerotect.

Thanks

projectdna

iTrader: (56)

^ bro, $600 is nothing to sneeze @, but i digress...

now for what i originally posted...

IIRC contract law states that you can remedy the breach in contract in four ways, upon mutual agreement of seller (the installer) and buyer (you):

1. accepting the defective product/services provided
2. accepting a partial of the defective product/services provided, provided that the seller remedies whatever is deemed unacceptable (by both parties)
3. accepting a full refund of the defective product/services provided
4. accepting a replacement of the defective product and/or re-do on the services provided

and based on your description of the situation and your desired remedy, you should request the court for #3. the court can only enforce the remedy; whether he chooses to or not, that's @ his discretion...

the keys to winning a small claims court case is to:
1) have EVERYTHING documented (including date/time of phone calls, subject of phone call) and have those documents filed and put in order.
2) present everything in a clear and logical manner. as neither party will be allowed legal representation in a small claims court, it means that the party that is the most prepared to present his/her side of the case, wins, in more instances than not.

court/filing fees are $22. if you plan to take him to small claims, you can recover the fees as part of the judge's decision. you won't be able to claim the service fee though (service fee = cost for sheriffs to serve defendant)...

now, i'm not a lawyer, but i've done enough of these small claims cases for my company (not to mention having studied contract law before) to know how the small claims system works. good luck, keep us posted, and if you have any questions post here or drop me a PM.