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Old 10-18-2007, 05:16 PM
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Angry Performabuilt

I sent you this simple agreement saying that i would send you back the two transmissions and torque convertor and that you would re emburse me for the cost of the transmission and convertor and my shipping costs. Its been 2.5+weeks that i have been waiting for you to sign and and fax back this agreement. When is it coming. You have time to post on this site and asnwer the phone but you have neglected me. I have phoned you alteast 3 times asking for it and you keep saying your going to send it yet day after day nothing comes. This is a very simple request. I am extremly fed up. At this point i can honestly say i dont think that I am ever going to get my money back and you have no intention of making this go away. It has 6 months that this has gone on for. I have 2 transmissions that dont work. My car and the transmissions have just been sitting there taking up space in my garage. This is not the way to do business. Why is that everytime i want to get something done i have to post on this site so everyone can read it? I am not the one running the business here. I have wasted so much and i am out alot of money on this. I have no idea what the hell to do now. I just want my money back.

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Old 10-18-2007, 05:48 PM
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I really hope that with all the rukus that has beeen caused over this deal that there really is a problem with the trannies and not the vehicle as I have said before 2 trannies no reverse kinda wierd but we shall see.
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Old 10-18-2007, 05:56 PM
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Originally Posted by predator
I really hope that with all the rukus that has beeen caused over this deal that there really is a problem with the trannies and not the vehicle as I have said before 2 trannies no reverse kinda wierd but we shall see.
Again, this is a 700r4 we are talking about. Both transmissions did not work right off the bat. One was installed with the help of a mechanic the other one i paid to have it installed by a mechanic. Both transmissions were tested with the linkage disconnected. Both mechanics confirmed if it wasnt the linkage then it has to be something inside the transmission. I talked to two different trans builders who confirmed this. I have had no help diagnosing the problem from performabuilt past trying it with the linkage disconnected and becuase of their warranty i couldnt do anything to it myself or take it to a shop. So again please enlighten me to what you think is wrong. Either way this is all besides the point. This has been going on way to long, i am out thousands of dollars and i am fed up with this b.s.
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Old 10-18-2007, 05:57 PM
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One please let everyone know that one it was several weeks before you faxed the paper after you said you would and it came during our move to the new shop .
Second the paper says you will not insure the items?
Three the paper says which is not our agreement that we will be responsible to all incidental cost inccurred? We agreed to the shipping and tarriffs It is being reveiwed it was looked at when I spoke with you on the phone, And this stuff was found which is why it hasnt been sent back yet, Its being re written by our LEGAL to state we will refund the purchase price of the trans plus tarriffs and shipping and the incidentals stuff you included is being removed as it indicates legal obligation beyond what was agreed upon , You will be getting it back soon ,
Posting here isnt going to make it go any faster. If you had not added that part it would allready be there, If you had sent its weeks ago it would be there. Making as if the delay is all on us is not correct, Ill follow up on where its at in the morning,
Frank at PerformaBuilt

Last edited by Performabuilt; 10-18-2007 at 06:00 PM.
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Old 10-18-2007, 06:02 PM
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Originally Posted by Performabuilt
One please let everyone know thatone it was several weeks before you faxed the paper and it came during our move to the new shop .
Second the paper says you will not insure the items
three the paper says which is not our agreement that we will be responsible to all incidental cost inccurred . We agreed to the shipping and tarriffs It is being reveiwed it was looked at when I spoke with you on the phone, And this stuff was found which is whyit hasnt been sent back yet, Its being re written by our atorney to state we will refund the purchase price of the trans plus tarriffs and shipping and the incidentals stuff you included is being removed as it indicates legal obligation beyond what was agreed upon , You will be getting it back soon ,
Posting here isnt going to make it go any faster. If you had not added that part it would allready be there, If you had sent its weeks ago it would be there. Making as if the delay is all on us is not correct, Ill follow up on where its at in the morning,
Frank at PerformaBuilt
Stop making excuses. You are the one running the business, why should it matter how long it took me to fax it to you. This isnt my job, your the one running the business. I am a full time studen. FYI the letter was written by a lawyer so all you have to do is sign it and fax it which shouldnt take more than a day.
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Old 10-18-2007, 06:09 PM
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Originally Posted by Geoffmj
Stop making excuses. You are the one running the business, why should it matter how long it took me to fax it to you. This isnt my job, your the one running the business. I am a full time studen. FYI the letter was written by a lawyer so all you have to do is sign it and fax it which shouldnt take more than a day.
I dont disagree it was written by a lawer and it says we are responsible for all incidentals etc re towing etc and that was never agreed upon . You make it like we didnt do our best we sent you two trans at our expense shipping and all and on top of that said sent it back and we will refund the money and even tried every possible way to get fedex and ups to pick them up . Then you send this legal thing as if we are out to take advantage of you and the fact is if that was our intent you would have never gotten the second trans to start with. Think about it?
We are not going to take a crap on you or keep your money we just want our product back like any company would then you will get your money back. As agreed. Theres no sense in arguing about it I dont know many if any companies that would go through so much to try and get this cleared up , If you could have the things some where across the border I would have them picked up the very next day.
Frank
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Old 10-18-2007, 06:36 PM
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Originally Posted by Performabuilt
I dont disagree it was written by a lawer and it says we are responsible for all incidentals etc re towing etc and that was never agreed upon . You make it like we didnt do our best we sent you two trans at our expense shipping and all and on top of that said sent it back and we will refund the money and even tried every possible way to get fedex and ups to pick them up . Then you send this legal thing as if we are out to take advantage of you and the fact is if that was our intent you would have never gotten the second trans to start with. Think about it?
We are not going to take a crap on you or keep your money we just want our product back like any company would then you will get your money back. As agreed. Theres no sense in arguing about it I dont know many if any companies that would go through so much to try and get this cleared up , If you could have the things some where across the border I would have them picked up the very next day.
Frank
Frank, dont dig yourself into a hole here. I have kept track of every email and time we contacted... So now your blaming it on me that they werent picked up when you said you were taking care of everything? Then i had all the paperwork filled out and you said fed ex was coming and yet they never did. Your changing what youve said previous. Also the agreement does not state that I want money for towing i paid for. Did you even read the letter? I can post it here if you need me to. I wrote the agreement so you wont take advantage of me. Do you have a problem with that??? Why do i have to post here to get your attention. Everytime i phoned you you never said anything about your lawyer chaning the letter. You just said you would get it dealt with. When i said i was going to send you the fax i kept in touch by email and updated why you hadnt recieved it yet (busy with school + fax machine wasnt working). You say you want your product back? Then why on the phone did you offer to let me keep the transmissions as there are apparently hundreds of dollars worth of parts in them. I am out almost $3000 dollars now not to mention i had to buy a beater car becuase i would have a car with a working trans.
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Old 10-18-2007, 07:03 PM
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I am no digging any hole i did scedule pickups from fedex but did not know it couldnt be done at the time I told you that. Its a homeland security thing I was not aware of and the site didnt tell me at the time. In fact e even spoke with fedex once and they said they would pick it up that day and then didnt, We had to find out why.And we did. I told you send the trans back and we would reimburse you for the trans and the shipping, You wanted to send the papar even though technically you have the best protection allready you paid with a credit card . All you have to do is show where you returned the product and they would charge back your money to you. If you had simply sent the trans back you would have your money, I have stated in the public forum this several times.Again I will check into it in the morning and see where its at. Theres no since in arguing its acomplishing nothing , I have just spoken again with the uppers and they say the rewrite will be complete tomorow It will be amended to state our soul obligation is to refund the price of the trans, Pay the actual cost of the shipping and the tarriff as presented it will also state you must insure the unit against damage and loss as this is part of the shipping we are reimbursing you for. I am truly sorry this has had to become such a mess. It should have been simple , I hate homeland security and the rules but I have no control over that. It should have been s simple as have them picked up refund your money and its done, I didnt even know there were tariffs with canada untill this incident. I though the free trade agreement covered that. I dont know if they are charged on the US or canada side, But they shouldnt be. You will hear from me in email tomorrow at some point, There is nothing more to be dicussed this eve and it will acomplish nothing as nothing can be done right this second anyway by anyone. Have a good evening and look to hear from me tomorrow. Trust me when I say I am as anxious to get the trans back and inspect as you are to get your money back. And also I was not aware of the rewrite at the time I spoke with you on the phone, Remember I dont own this company I just work for it, In fact no one owns it specifically its INC a corporation which means it has stock holders etc of which again I am not one. I am customer service. Not legal. Not management. Talk to you tomorrow.
Frank

Last edited by Performabuilt; 10-18-2007 at 07:10 PM.
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Old 10-18-2007, 07:28 PM
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Originally Posted by Performabuilt
I am no digging any hole i did scedule pickups from fedex but did not know it couldnt be done at the time I told you that. Its a homeland security thing I was not aware of and the site didnt tell me at the time. In fact e even spoke with fedex once and they said they would pick it up that day and then didnt, We had to find out why.And we did. I told you send the trans back and we would reimburse you for the trans and the shipping, You wanted to send the papar even though technically you have the best protection allready you paid with a credit card . All you have to do is show where you returned the product and they would charge back your money to you. If you had simply sent the trans back you would have your money, I have stated in the public forum this several times.Again I will check into it in the morning and see where its at. Theres no since in arguing its acomplishing nothing , I have just spoken again with the uppers and they say the rewrite will be complete tomorow It will be amended to state our soul obligation is to refund the price of the trans, Pay the actual cost of the shipping and the tarriff as presented it will also state you must insure the unit against damage and loss as this is part of the shipping we are reimbursing you for. I am truly sorry this has had to become such a mess. It should have been simple , I hate homeland security and the rules but I have no control over that. It should have been s simple as have them picked up refund your money and its done, I didnt even know there were tariffs with canada untill this incident. I though the free trade agreement covered that. I dont know if they are charged on the US or canada side, But they shouldnt be. You will hear from me in email tomorrow at some point, There is nothing more to be dicussed this eve and it will acomplish nothing as nothing can be done right this second anyway by anyone. Have a good evening and look to hear from me tomorrow. Trust me when I say I am as anxious to get the trans back and inspect as you are to get your money back. And also I was not aware of the rewrite at the time I spoke with you on the phone, Remember I dont own this company I just work for it, In fact no one owns it specifically its INC a corporation which means it has stock holders etc of which again I am not one. I am customer service. Not legal. Not management. Talk to you tomorrow.
Frank
Well for one thing the credit card thing i believe is only good for six months and 2, it doesnt make sure you give me money back for the shipping. Another thing i dont know why you keep bringing up this "homeland security" stuff. The paper work is very simple. I got it and filled it out in about 10 mins. And btw the free trade aggreement doesnt have anything to do with this. Its called customs brokerage fee's. The free trade aggreement doesnt meen that this stuff doesnt have to go through customs. Frank if you have nothing to do with this, why are you the only person i have talked to? So what your saying is that no one who works there is accountable for any of this.
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Old 10-18-2007, 08:17 PM
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As a group things are handled decisions are made and no, no one person can make a decision it cannot be made on the spot and yes its easy for you to fill out the papers to send the trans back just as its easy for us to send to you but impossible for us since the rules are according to fedex and ups that a shipment originating from outside the usa must be shipped by and enity thats not in the USA in other words we as a US based company cannot ship from canada. Because we have no company there. Yes its complicated far more than I care to get into and really dont want to under stand , This is a fist time issue for us and like anyone when its a first time we have to learn as we go. I mean your giving me a hard time over stuff I can do nothing about. Do you not think if nothing else if it was possible for us to get the trans picked up we would just to avoid this whole public airing, I mean it isnt the money I assure you our payroll per week is several times the money you will be refunded, Our advertising budget per month is several times what you are gonna get back. We are not just a single guy with a couple helpers we are a corporation. If you would set and think about it all this would make sense and on day when youfinish school maybe you will enter the corporate business world and then and probably onlythen will you understand how it all works, And if you ever deal with international stuff you will really under stand. But in answer to your question in a corporation No one person is accountable and many decisions have to be put to a board for decisions and all legal documents must be reveiwed by legal departement. If the paper had simply said the following
Performabuilt agrees unpon receipt of the transmissions to refund my purchase price plus duties and shipping . Then it would have been clean cut. But its got if and or butts built in that basically say that our liability is not limited to those things and that for instance if the trans which you would be the only one as the shipped who could file claim to get money back were lost in shipment we would still be liable to you for the shipping and refund but you would be liable for nothing even if you were paid the claim by fedex.
It is being rewritten to be simple showing our exact obligation and yours not leaning oe way or the other, Its really ashame its even having to be done this way becaue logic would tell you that if our intent was to screw you over we would never have sent the second trans without any proof that we would ever get the first back . Do you thinK it cheap to build these Look at the parts and look online and you can see what each part cost and get and idea. That plus labor. and if you did the math we would have to sell 20 just to make back up the loss on yours. We were trying to make you happy and get you a working trans and never even considered our losses. But for some reason you can not see that, I dont understand why. But you dont. Anyway I dont know why you keep wanting to discuss this online when I said I will get back with you tomorrow. Or why you cant see that we have done alot yes right now your out 3000 dollars you say and well we are out 4000 before we give your money back and with shippingand tariff etc when its all done we will be out another 1000 either but you will have most of your exspendature back. Dont get me wrong I understand your fustration and I dont know what went wrong here, I will find out when they are here, But what I dont understand is why even though I said I would get back with you tomorrow you keep posting back with something that needs a reply. I mean its 9 pm here there is no person on this earth who can change anything right this second. So lets let it lay till tomorrow and then ill let you know where things stand. Perhaps your usd to people instantly doing things when you want them but in the bussiness world you will learn everything has step and sometimes they can be painfully slow but thats the way it is.
And the reason I am the only one you talk to because thats my job talking to people. The only other people you could talk to in the company directly probably would be lawyers and I dont think that would get you any where they are the slowest part of the corporate worlds.
I know you dont understand that we did all we could not only to try and get a working trans to you but to get those picked up but the fact is we did. Again Ill speak with you tomorrow.
Frank
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Old 10-18-2007, 09:10 PM
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Okay, so basically im an idiot and i dont know anything about business and it takes months and months to get a refund on a transmission. You make it out to sound like this is so complicated. ITS NOT. And your saying you could have it picked up and now your saying you cant have it picked up??? make up your mind. Seriously this is not the way to do business. You keep saying your such a big business. How huge your payroll is and how much you spend on advertising but then your complaining your going to be out $4000??? I am very confused. Why should one refund be such a huge deal. Btw your post is very difficult to read and doesnt really make alot of sence.
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Old 10-18-2007, 09:27 PM
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Fine Fedex explained it like this.
1-I can ship to you.
2-You can ship to me.
3-I cannot ship using our account from you to me.due to security rules.

What I said earlier was you get it to any address this side of the border and yes I can have them picked up the next business day . And as for the 4000 yes because you know something i bet if you had 100000 dollars in your pocket and you dropped 4000 down a hill you would still stop and go down the hill and get it. I didnt say you were stupid just that you refuse to even try to understand, You beleave we could have it picked up from our end and Ill challenge you in fact, You call fedex and you get them to say they will pick up get me on three way and we will both be on the phone while they set up the pickup and if it can be done you will be happy I will be happy, But unless you can get them to do more than I can they wouldnt do it for me.
Anyway Im done with the conversation for tonight, We are the bad guys here . we have made no attempt to striaghten this out. And thats they way you see it and thats the way you want to present it and thats just the way it is.
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Old 10-18-2007, 10:07 PM
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Originally Posted by Performabuilt
Fine Fedex explained it like this.
1-I can ship to you.
2-You can ship to me.
3-I cannot ship using our account from you to me.due to security rules.

What I said earlier was you get it to any address this side of the border and yes I can have them picked up the next business day . And as for the 4000 yes because you know something i bet if you had 100000 dollars in your pocket and you dropped 4000 down a hill you would still stop and go down the hill and get it. I didnt say you were stupid just that you refuse to even try to understand, You beleave we could have it picked up from our end and Ill challenge you in fact, You call fedex and you get them to say they will pick up get me on three way and we will both be on the phone while they set up the pickup and if it can be done you will be happy I will be happy, But unless you can get them to do more than I can they wouldnt do it for me.
Anyway Im done with the conversation for tonight, We are the bad guys here . we have made no attempt to striaghten this out. And thats they way you see it and thats the way you want to present it and thats just the way it is.
You contradict yourself again. I thought it was too complicated. And why were you saying you were going to have it picked up and could have had it picked up? And your also saying at the same time its impossible? So that was some act of god when fedex came to pickup the trans months ago becuase i didnt ask them to come.


Also basically yes you are calling me an idiot because im not trying to understand. There isnt really much to understand here. This crap has been going on for close to 7 months. I definitly wouldnt think of this as good business one way or another.

About the 4000... why should you care. Apparently its no loss to you.
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Old 10-18-2007, 10:12 PM
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I dont know what you want like I said get the trannys back and you will get your money period its that simple no different than walmart or any other store show me one company that will refund without getting the product first just one. again I will be getting back with you tomorrow
Frank
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Old 10-18-2007, 10:39 PM
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Guys, this sounds like bickering and I am putting a stop to it. Please take it to some private form of communication. After a couple of weeks, if Geoff wants to post an update with a response from Performabuilt, I will allow it.

Rich
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