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I thought so..... 8)....so anyways is this box too restrictive for the s50, because it would mount up nicely and pull from the stock spot. What do u think?
Be advised that Signature Motoring is holding you in breach of contract for your having disputed payment to our distributor, Ocean Dist. Whether or not your elect to accept delivery or not is immaterial. Once Signature Motoring began construction on your order, Signature Motoring began performance. Time not being of the essence in the sales agreement and no contractual delivery date, bars any claim of breach against Signature.
Both California and Connecticut have adopted the Uniform Commercial Code. As you have initiated the transaction with Signature, California is the forum state in which this dispute will be litigated. Provided that your payment to Ocean Distributing is not honored by December 18, 2009, Signature Motoring will file suit against you in California Superior Court for breach of contract. I suggest you review your email of Mon, 7 Dec 2009 09:44:48. I then suggest you review the applicable provisions of the Commercial Code, starting with Sec. 42a-2-708. Chris, regardless of what you feel is ?right? or ?fair? in your mind, the Commercial Code is very clear as to the outcome of this dispute. Signature Motoring timely performed prior to any revocation of your offer. Delivery of goods is NOT requisite to contractually sufficient performance to bar rescission.
Peter forwarded your email of Mon, 7 Dec 2009 21:34:16 to me and I have reviewed all of your prior emails... They are quite dramatic, emotional, and reveal an unstable author. Chris, I?m assuming you are quite young, under 22-years of age. I?m also assuming that after having some time to reflect, you may be able to appreciate how bizarre your communications with Signature Motoring have been. Your belief that Signature Motoring has engaged in a complicated and time-consuming conspiracy to run off with the terrific sum of your $145.00 is, of course, absurd.
Once Signature Motoring has filed the lawsuit, due to court costs we will not be able to accept your original payment due as settlement of the matter. Be advised that the court filing fee and associated recoverable expenses are in excess of $600.00 and automatically recoverable upon prevailing. The cost to file an Answer the lawsuit is $320.00. I hope that you will have the foresight to have someone assist you in evaluating your position and resolving this matter before this becomes a much more serious situation.
Sincerely,
Neil Arbor
Since this will now become a court matter, I can no longer comment upon the situation. And it most certainly has become a situation. I wil say this - It is now Dec. 15, they have had my money since Nov. 3, I was informed that it would ship on Nov. 23, and I have still yet to receive anything from Signature Motoring. The only response to my PayPal claim, and the email I sent to their "customer service" representative is the above threat of a lawsuit against me with the inclusion of the insult that I am "quite dramatic, emotional," and "an unstable author." I could also not help but laugh at the assumption that I am "quite young, under 22-years of age."
so they're going to take you to court over $145.. riiiight.
I have no choice but to take any threat of litigation very seriously.
Perhaps the saddest part is that I still want the heat shield, but even if I were to compromise every last screaming principle at this point and keep it, it's not like anything has been delivered for me to keep.
I'm very surprised at the professionalism in that response. Not that it is completely professional (they basically poked fun at you), but I don't see how someone with enough intelligence to write out a statement like that can just allow weeks without a response to your inquires. Most companies that operate like that respond like: "ur package will be ship asap, sorry man". haha
I'm very surprised at the professionalism in that response. Not that it is completely professional (they basically poked fun at you), but I don't see how someone with enough intelligence to write out a statement like that can just allow weeks without a response to your inquires. Most companies that operate like that respond like: "ur package will be ship asap, sorry man". haha
My guess was that it was written by their lawyer in an attempt to try and scare him since they think he's young and under 22 lol.
The heat shield came today. It was shipped USPS, and was delivered in the few hours' timespan that my fiancee was out doing Christmas shopping. It took all of a half hour for my resolve to crumble, for me to open the box and look at what I paid for 46 days ago. I am clearly a weak-willed, spineless individual, because I elected to keep the shield and close the claim.
It does pain me that I do not get to call Signature Motoring's lawsuit bluff as I had a real lawyer look over what they sent me and he had a hearty laugh at their expense, but the fact is that I do not currently need that shield any less than when I first ordered it. For obvious reasons I will not be posting pics of the heat shield as originally planned, nor of the install or really anything to do with it. The last thing Signature Motoring deserves is the kind of positive publicity that I can bring them.
In fact, now that this travesty of proceedings is over, I plan to let the entire online BMW world know exactly how Signature Motoring does "business."
If I'm putting a quarter in my ass and playing myself by keeping this thing, there's no way I'm going to compound the self-clowning by showcasing their product. I'd like to attempt to avoid stuffing a whole roll up there.
Thanks man. Now I'm really laughing, because it didn't matter if I decided to keep the shield or send it back. Despite logging into PayPal and canceling the claim, I still received this:
Originally posted by PayPal is a Piece of Shit Too
In response to your claim, the seller has provided proof of shipment
indicating that the item was shipped to you. Because the seller was able to
provide proof of shipment, we cannot reverse this transaction or issue a
refund. We encourage you to continue to work directly with the seller to
amicably resolve this matter.
PayPal does not tolerate fraud or illegal activities. Your complaint has
been noted in the record of the PayPal user you reported. If we find this
user has violated our policies, we will investigate and take appropriate
action. If this occurs, you may be contacted in the future about the status
of this complaint.
To make sure future transactions proceed smoothly, we suggest you visit the
PayPal site and click the Security Center link located at the bottom of any
page. There you will find tips on how to avoid fraudulent sellers in the
"Fraud Prevention Tips for Buyers" section.
Sincerely,
Protection Services Department
It is good to know that despite reporting Signature Motoring's breach of their terms of service by attempting to get me to close the claim with the threat of a lawsuit, PayPal only cares that something was delivered and closed the claim. As I feared, Signature Motoring could have sent me a box full of wood shavings in order to weigh it down, and PayPal would have seen the delivery verification and considered the matter closed.
At least I know I was right to fear that PayPal's "protection" is utterly worthless, eclipsed only by the void of usefulness that is Signature Motoring.
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