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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
12-13-2010, 09:58 PM
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#31
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Just to clarify for everyone. We live in pA. You are NOT aloud to sue for court/attorney fees. That's neither here nor there. The fact is Mr brown cost pat A LOT of money time and frustration (that again I have whitnessed). Mr brown should not begoing along with what ever pat wants. He gave him fair warning that he would bring it here for everyone to see. And yet brown still doesn't care. Pat can prove everything he has said including the rust. With that said I don't care if he is bi poler if he he is not sound mind enough to keep his costomers happy (because he screwed up) than he should not be runing a Business. My mom has has an extreme case of boarder line personality disorder and does just fine with her company.
As far as him finding the guy that made it and skipping brown, well he shouldn't have to. If I am. Building a house for a couple and hire a plumber and they get leaky pipes I would expect them to call me to call the plumber (because I'm the one tbat hired him). I would never say well sorry you on Ur own but ill give u a hint as to who i hired and maybe you can find him..... but ill just keep all your money anyway.
This man owes pat big time and that's all there is to it.....
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12-13-2010, 10:22 PM
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#32
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Quote:
Originally Posted by moyers monsters
As far as him finding the guy that made it and skipping brown, well he shouldn't have to. If I am. Building a house for a couple and hire a plumber and they get leaky pipes I would expect them to call me to call the plumber (because I'm the one tbat hired him). I would never say well sorry you on Ur own but ill give u a hint as to who i hired and maybe you can find him..... but ill just keep all your money anyway.
This man owes pat big time and that's all there is to it.....
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You're right, he *shouldn't* have to. He also should not have to ground the rack or refinish it either for what he paid for it. But Brown has not given him satisfaction and apparently is not about to. Court is not a guaranteed deal, not too mention it costs money and time and it can really be frustrating.
According to the number on Brown's site he is from Tennessee, getting some money back from him could be more trouble than it is worth.
All I am suggesting here is to exhaust all possibilities at an easier settlement before going to court, which should always be a last option.
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12-13-2010, 10:25 PM
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#33
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Quote:
Originally Posted by Drew Zaun
If Mr. Brown is not trying to come to a resolution with you (not sure a refund is in order unless you are sending it back?), and he claims he did not build it, maybe try the person who did? You already have the electrical problem fixed, you just need the rust removed and the metal finished properly to have the rack you ordered, maybe you can reach suitable compensation with them?
As for Mr. Brown, he sold you a defective product for a lot of money and won't stand by his product. That is not good by any means. The side bar between Lucille and I notwithstanding, this is not good business practice and perhaps you should go after him for the cost of repairs if the manufacturer won't help you.
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Go after Brown. Take him for EVERYTHING. I am so sick and tired of crappy builders and their excuses. Who cares who actually built the thing! Brown sold it. It's HIS responsibilty. Nail him to a wall. If he will not give you a 100% refund, go after him thru any legal means neccesary.
There is no excuse for getting shocked by the crappy electrical workmanship or having it rust after you pay someone else to fix the wiring.
This guy needs to make this up to you RIGHT NOW!
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12-14-2010, 12:37 AM
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#35
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I just walked across my carpet and got a stunning shock when I touched the fridge... do I sue Stainmaster or Whirlpool? Maybe both? Evidently I've got a boatload of money coming my way for being mildly discomforted... booyeah.
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12-14-2010, 01:18 AM
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#36
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Quote:
Originally Posted by Mister Internet
I just walked across my carpet and got a stunning shock when I touched the fridge... do I sue Stainmaster or Whirlpool? Maybe both? Evidently I've got a boatload of money coming my way for being mildly discomforted... booyeah.
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Don't make idiotic statements.
The wiring was a hazard on the rack. He used subpar material (old flex watt) and cut corners (no insulation, no soldering the connections) and cut into the live part of the flex watt that carries the current.
He is liable. It's just pure luck that it was only a shock and not something even worse.
I can't see how anyone can justify this shoddy workmanship and excuses as to why it's not Browns fault.
Anyone who makes jokes about this situation or defends the seller needs to re-examine themselves.
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12-14-2010, 05:33 AM
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#37
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Perhaps if the rack had been properly wired and had shocked the OP every time he touched it (which I think is unlikely), nothing would have been thought of it.
But the fact that the rack WAS assembled poorly, AND it shocked the OP every time he touched it, is a little suspicious, and makes me point my finger more in the direction of "it was caused by a poorly constructed rack".
Honestly, Mister Internet, if you got a shock walking across the floor, and you can prove it was because the fridge was installed or built poorly, you could sue--and win. How minor the injuries are doesn't matter as much in court as the proof that you were injured at all. As said before, he's lucky he didn't get more than a shock.
Why do you think people can sue for emotional damage in court, or someone can receive money from the defendant as a punishment to the defendant? I forget what they call that--something like "punitive charges" or along those lines.
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12-14-2010, 07:18 AM
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#38
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Drew and Mr internet. You guys keep saying its no sort than getting a static shock. I'm telling you guys right now I have never had a static shock that made my entire arm throb with pain and have tingling and numbness going up to my shoulder. Yes it was that bad every time we touched the damn thing. and while I don't agree that he should be sued because we were only hurt and no one was injured, the fact is everyone is saying he should sue because of his lack of workmenship. If I got a shock EVERY SINGLE time I touched my fridge I would call the builder and get someone out there to check it and if it was because faulty wiring and they refused to fix it you can be danm sure I'm would take legal actions.
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12-14-2010, 07:21 AM
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#39
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Sorry I'm on my phone I ment to say no worse*** than a shock. Not no sort than a shock.
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12-14-2010, 07:56 AM
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#40
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Quote:
Originally Posted by Drew Zaun
I am not going to comment on your dispute with Al Brown, I don't know him or you nor do I know what is a fair resolution to your problem as far as money is concerned. What I will do is offer you some advice on how to use the product you have, especially as you sold your old rack?
Steel likes to rust, no doubt about it. If it was not treated correctly it would begin rusting almost immediatly in the average herp room, especially if there was electricity involved, which there is.
The good news is that this is almost certainly just surface rust (any chance on those pics?). Rather than spend an additional $400 that you have to try and recover from Al or whoever made the rack (as sending the product to the manufaturer for warranty work is not unheard of) you might want to try fixing it yourself.
A protable grinder with a wire wheel will get the surface rust off easily enough, you can then prime and paint it. It sucks that you should have to do this after spending $1200 on a rack but at least if you do it now you can salvage the piece and get some use out of it. I am pretty sure no judge will refund you the entire amount since it does still work like it is supposed to, just looks like crap and is slowly deteriorating.
This is a cheap but fast and permanent fix and you can then at least have piece of mind that your animals are fine while you figure out the finer points of the deal at your leisure.
Good luck.
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That post right there... I think responses to BOIs should take in the form of that more often. It doesn't add fuel to the fire nor "dilute" the point of the thread to where it spins off into another topic such as the best tactics of how to prove you were injured; stick a fork in an outlet and/or why birds are able to perch on power lines w/out getting electrocuted while it rains
As for the OP, continue on what you originally had planned on doing. You'll get further with small claims than an injury case (Unless you really want to dish out the funds to pay for a lawyer to win your case against someone who most likely doesn't even have the money).
Make do with what you can and try to fix the problem with the rack (even though you really shouldn't have to but it needs to get done for the time being) and stop touching the rack (I know it's been rewired and rust is the issue now)
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