About 3 months ago I started speaking with a well known developer/distributor for the maxima community to produce a prototype part they wanted to develop. After about 8 conversations over the phone and ~10 emails I agreed to send the parts off of my car to have a prototype made (this was the week of the 4th of July). The agreement was for me to send my parts to them which was about ~5 days shipping (They agreed to pay for this + insurance), they would have my parts for ~7 days to do measurements, take pictures, produce the prototype (they stated they had dedicated shop time just for this to be done), then they would ship my parts back which is ~ another 5 days along with the prototype for me to check the fit and test out.


This is what happened...

I pulled the parts off of my car and shipped them. It took 5 day to reach them. I called them 3 days after they received the items (checked via tracking #) and asked how it was going. They stated all was going well except one custom part they had to make and stated to call them back the next day and they would know more. I call them back the next day and they stated that now they were waiting for a local car to come in to check the differences between models and it would be a few more days. I called them back 2 days later and they said they were shipping my parts back 3 day but not with a prototype due to the previous problems with a custom part and said it would be ~1.5 weeks until the prototype would be shipped. So I call them back 1.5 weeks later and they finally tell me they had found a local car to prototype the parts on first and it would be and to call them back in a week to see what was up (Now keep in mind I did this with the understanding I was to prototype the parts so I never put the stock parts back on due to the difficulty in removing one of the parts). I call back in a week like they ask and now I get no answer...


I also e-mailed them 2 or 3 time thru this process stating my problem with having my car out of commission waiting for a prototype and never got a response to my e-mails.



So to sum this up...

We had an agreement for a prototype in about a 3-4week turn around. and it now has been about 6.5 weeks (my car has been unusable due to the waiting) and now they say they are going to put a prototype on a local car which was not willing to take the stock parts off due to down time, but is willing to get a free prototype with no down time (remember the company is going to put all the parts on for them) and send me a finished product at some point.

(Update) They now say they are not putting it on a local car but will be sending me the prototype... But look at the original date of this post...

Now I know some of you may say...why not put the stock parts back on so you can drive it...? And I would say because I was under the impression I would be getting a prototype to put on. Also they sent me the stock parts but to assemble them you need some new connecting parts which they said they would also send along with the prototype.


BTW they have yet to reimburse me for the shipping... but before this was drawn out like this I also stated if they would like they can just send me another after market part with the prototype and we could call it good which is what they seem to have agreed upon...

I am beginning to think this will never happen with either part...


Also keep in mind I am posting this in hopes that they will see it and in hopes that one of your opinions will help me out.

 

does any email they sent you have them agreeing to this if so try and find someone you know who might know a lawyer. the reason you use a friend is so they can do you a favor instead of charging you. have them look at the emails, if you still have them. ask them to call the company on your behalf. that way the company now knows you have taken some sort of legal action and they might be more rushed to call you back instead of a lawyer. hopefully everything works out and it DOES sound like your gonna take it in the butt though. sorry just being honest. hope this helps

 

Yes I have all the emails.

I really want to get some input from all of you guys...


Especially the ones that have done prototypes.

 

Well I've done some "light" prototyping. Nothing really hardcore for agreements and what not. But some things come to mind here.
Clearly there is something due to you. What was outlined in the agreement has not be carried out by the other party. But the part that concerns me is that did the "differences in models" have any effect on your agreement? It seems that this was one of the reasons they couln't give you the prototype back asap. Now if the discussions didn't include any of diff between models, then the person should still send you the prototype asap. Since the agreed amount of time has elapsed, I would think you should be compensated for that longer elapsed time you have endured. Also since it was agreed that the reintall efforts would be the prototype and not the oem part, compensation should be considered here too. Becuase now you might have to install the oem to get your car going and then do the procedure again to get the prototype going. It's unfortunate that gentlemen agreements are not handled like gentlemen when things don't go 100% correctly.

I remember you mentioning something like this a long time ago when we met. Is this the same? It's really hard to say "play hardball" or "just reinstall the part" unless I kinda know what part it is.

Please feel free to pm or email me. I'll try and help as much as I can.

 

Yes it is the same Item, but a different company. (One you and most frequent board members know of)

As for the differences... We did speak of them in the begining and there were two plans... Neither plan seems to have been carried out...

 

What are the Prototype part/stock parts?

 

At this point I do not want to publicly post the details, but if there is not some action by the company in question I will post the details. Since this is my only real recourse...

 

Unless there are terms in the agreement about breach of contract, there's not much you can do (legally speaking). You can always post the company and just post bad stuff, which is what most people do when they're ****ed.

 

I do have all the emails they sent me, but I really do not want to take any legal action. The only action I would take is to post the details of the situation along with the company name and let you all decide how you want to deal with the company in your own affairs...

 

Hearing this would make me want to draft some legal documents so that you don't get screwed in the future.

 

"Bump"

More imput needed please...

 

You do have the right to pursue legal action, there word is there contract (you have it in writing), even if they told you they would perform a certain act, and you could prove it (i.e a witness) you have the right to pursue legal action, it is your right as a consumer (contrary to the above statement). These types of cases make it to small claims court all the time, and if you have something in writing, the consumer will win 90% of the time or more. Consumer rights vary state to state, but all states and the fed have laws to protect consumers in instances like this.
I agree though, at this point I doubt taking legal recourse will produce much benifit to you, they will likely claim they had trouble produing the prototype, so unless they actually produce this part (s) there is not a lot you would gain other than a few dollars. I would continue to email them in a respectful manner, not too many threats, and state what exact action you will take. I think if you explain to them that you due not want to resort to persuing legal action they may respond favorably.
If they do not, I would post details of the expirience, and also email them the post.

 

I emailed a link to this post along with my concerns... Still no response...

We will see... It is the weekend.