from your e-mail, i take it that the negotiations for the supercharger were
e-mail based. you need to keep those e-mails, because they prove the
existence of a contract. now, by not paying him, you are in breach of the
contract, because his action (sending the supercharger)was based on your
agreement to pay him for the supercharger. HOWEVER... you can argue that
there was breach of contract on his behalf because the part was advertised
as "Very clean, like new," thus you may be found to not be bound to the
contract.
now, if i were you, i would return the supercharger to the guy, and inform
him (in writting, and make photocopies) that the supercharger was not in the
conditions that he had promised (and take pictures!!!). be prepared to
secure a lawyer (in case he wants his money), but do not keep the
supercharger if you have not paid for it.
oh, and print out, back up, and do whatever you can to find the e-mail
pertaining to the original agreement to buy the supercharger. that is
probably the most important thing you can have if you have to take this to
court.
just some advice from a first year law student...
Gabe Couriel
http://frontpage.tripod.com/fijigabe0
--- 1998 Dodge Dakota Club Cab Sport 3.9L V6 5-Speed Manual Transmission (AX-15) 3.21 Open Rear End-----Original Message----- From: owner-dakota-truck@bent.twistedbits.net [mailto:owner-dakota-truck@bent.twistedbits.net]On Behalf Of Marty Nowak (Got-Speed) Sent: Wednesday, October 09, 2002 1:59 PM To: dakota-truck-moderator@bent.twistedbits.net Subject: DML: Need advice
Ok I bought a powerdyne supercharger (just headunit and brackets) from a guy in GA. He had it listed on Ebay for $600 shipped, so I emailed him and bought it (not through Ebay). The description said it was "Very clean, like new". I told him I would want it sent COD and he said fine. Well he sent it to me, but forgot to send it COD. He emailed me yesterday telling me to just send him the money via Western Union. Well I got the blower today and at first look, it looks like someone took a wire wheel to most of the unit that they could get a large wheel to and then painted it aircraft grey. I was fine with that, saying to myself I can just beadblast it. Well not wanting to fill up the inside with blast material I took it apart, and the thing looks like it has been sitting in the ocean for the past year ! There is rust, sand, and white powder all over inside (I'll bet the outside looked the same and thats why it was painted). Basically the whole thing needs to be ripped apart and rebuilt. Powerdyne wants a few hundred to do this and I can get new bearings for $100. My question is what should I do about this ? I have not yet paid the guy, and don't feel that it is worth $600. I am even more upset that if I would have paid, I would have a POS right now. I feel like not even paying him anything for it. I don't want to send it back cause, 1) I want a blower, and 2) he would probably just put it back together and sell it to someone else who is not as "smart" as me. Any ideas ?
This archive was generated by hypermail 2b29 : Fri Feb 06 2004 - 11:47:16 EST