This email thread started on Tuesday, March 09, 2004 8:26 PM

Eddie:

Hello, Saul - I am afraid I have some bad news...

I received one of the cars today (Tracking Number EA53 3755 042C N). The car looked great, but it only ran for about 30 minutes. Evidently the connecting rod broke inside the engine (the piston does not move when turning the flywheel). I am an ASE Certified Automotive Technician and, although this is my first Nitro car, I do know an awful lot about engines, and this is obviously defective. My next question is, what do we need to do now? How do I go about getting a replacement car from you? I look forward to your reply.



Saul:

Because of the fact that you have drove the car and is a certain part that broke while driving , it is not considered defective . You would simply change the part.

Thank You
Saul.

Eddie:

The part IS defective - Yes the engine started, but only for a few minutes. If you bought a new car from Ford, and the engine only lasted a few months, would you not expect them to warranty it?

Saul:

Once driven, its in your hands. A car could damage if driven rough the first time. The parts are not expensive. And since your a tech you could fix easy. What are the part #s. I can order them for you.

Thank you,
Saul


After I gave Saul the part number, I never heard from him again, this ended this email thread




This next email thread started on Sunday, March 14, 2004 5:29 PM

Eddie:

Hello, Saul...

I didn't even get to run the other car for an hour. I ran it for almost 15 minutes when the spur gear came apart. I finally found a spur gear that would work, for a HPI belt driven car. Friday night I got the car back together and the rear drive shaft set screw got loose and came out. Now the car was pulling with the front wheels only. Saturday morning I got up and went to the hardware store to get another set screw - I replaced the front one also, just incase. The car was running great for about 10 minutes when the same thing happened to my car that happened to the other one - the connecting rod broke.

Now, I have a problem. I understand things happen, but the same thing happened to both cars. I don't think this is just a coincidence, especially after looking on the internet and finding the same thing happening to a lot of other people. I want to know what I need to do to sent you these defective units and get my money back. I have already invested over $50 in this car, past what I paid for it. My friend has more than that in his. I just want you to either give me my money back for both of these cars, or get me a good engine for both of them. I can get an engine for about $100, but I really don't think I should be responsible for having to buy a new engine for a new car. What do we need to do?

Thanks - I look forward to hearing from you

Saul:

There's allot of maintenance. Once the car is driven , there's no returns. If a part breaks, its up to you to fix . What model is this. I might be able to get you a better motor for allot less than $100.00.

Thanks,
Saul

Eddie:

The cars were the Winner 1 Nitro from Smartech. The engine are .15CXP. I understand about maintenance, but this is a hard engine failure, not a maintenance problem. The other problems we had, we fixed (Marshall had to replace a steering gear box, I had to replace a spur gear, and a set screw) - I didn't expect you to do anything about them, but this I do. The engine failures were due to a defective engine part, that's it. I would be happy to get a new engine for each car, provided they are not the same kind - I don't see replacing this engine with another just like it, only to have the same problem again. If you are willing to provide the engines, I would be happy, and I think I can speak for my friend also.

Saul:

The return policy is All sales final, no returns or exchanges. But Let me see what I can do. I will find out if we can get a better motor for it. There will be a fee, but not full price, I will work with you. I will get back to you when I receive response.

Thanks,
Saul

Eddie:

Thanks - I look forward to hearing from you

...and I never heard from him again on this subject


This next email thread started when I posted negative feedback on E-Bay

Eddie:

Thought you might be interested, here is a web address I am going to include in my rating of this purchase on E-Bay - this is on my web site. www.theblattners.com/Hobby/SmartechJunk.html

Saul:

You really dont have any right to ues my name that way. Reading the article made me think. Even if you took the engine off and sent it to me, once they receive in China, they will know its been driven and will not cover. They will say it was wear & tear. Brand new would be different, but I will mention this to my supplier. See what he says. I am not making any promises, I will see what I can do.

Saul:

How about someone on ebay ? Let me ask you, what do you want from this? I have sold over 50 of these this year and this is the first I heard anything like this. I will see what I can do, its worth a shot.

He has already told me he would help me out, but didn't, so I posted negative feedback on E-Bay - "Buyer Beware - read my story www.theblattners.com/Hobby/SmartechJunk.html" He did't like that very much...

Saul:

Now why did you have to go and do that? It was not my fault. You ran the car, messed it up and leave me 2 negative feedbacks. I think thats the last time I deal with 0 negs. You dont understand how to read the return policy. You dont understand that if you break you pay. What do I have to do to get this removed? I had just told you I would see what I can do, maybe they would replace the motor or maybe even give you a 100% refund? Would that be nice? If you would like a 100% refund help me remove feedbacks. What do you say? You put my reputation at stake. To me not worth it.

Eddie:

Saul, you have told me a few time already you would help me, but have done nothing. Yes, I understand your return policy - "All sales final. No returns or exchanges on this auction." You might also add "no warranty" because this is a warranty issue. If I had abused the car, or had damaged it in some way due to neglect, I would not have ever emailed you. I am an honest man, and I expect others to be honest also. I am glad you have not had any complaints about these cars, but if you look on the internet, people are talking about them.

I didn't write anything that was not true, and I'm sorry if this hurts your reputation, but it hurts my wallet. I was never asking you for 100% refund, only to get this car running, fix what broke.

Let me talk to my friend today, the other car belongs to him. I'll let you know something tonight. I am more that willing to change what was written on my web site, but I will not lie. If this problem gets resolved, I will defiantly change the page to a much more favorable article.

Thanks.

Eddie

Saul:

I dont care about the website. I want the negative feedback removed. If you dont want to do that then I cant help or even try to help. You already left 2 bad feedbacks. If you want a brand new motor or car or refund negative feedback must be removed. I know how and can show you how to do it. It will cost $20.00 each feedback. If I have to pay I will replace parts for free. If you pay then I will exchange the car or give you a refund. This must be done today or I will or I will work around it. Negative feed back will also be left for you to warn sellers about you.

Then he sent another email

Ok, I have 2 brand new motors ready to ship. I spoke with my supplier and he said if you remove feedbacks, we will automaticaly send to brand new motors without returning the other ones, no cost to you. What do you say?

Eddie:

OK, no problem, that sounds good - but what if the same thing happens to this motor? I have no problem in doing this, repairing the problem is all I have asked for. What engine is it (is it made by Smartech?), and how do I remove the bad feedback?

Then I talked to Marshall, and sent Saul another email:

OK, after talking to my friend, he wants a new motor if it is not a Smartech motor - if it is, he wants a refund for the car. On my car, I want a refund the cost of the car. Just tell me what to do, and I'll take care of it - as soon as my credit card is credited the $214.95 (all I need from you as proof is a receipt).

Saul:

I Saul Sanchez agree to give both parties a refund of $179.95 when my negative feedback is removed and both cars returned to me.

Thank you,
Saul


This thread is dated, due to it's relevence in the refunds. I had already received my refund, we're just wating on Marshall's:

Eddie: 4-12-04

Hello, Saul. I just wanted to know when Marshall could expect his refund. Please let me know ASAP, thanks.

Saul: 4-12-04

It should be at the end of this week. I am just waiting for some more money to build up in my pay pal account.

Eddie: - 4-19-04

Hey Saul, how's the refund coming? Last week you told me Friday, and the week before that you said Friday. Let's finish this, I have done what I said I would do, now I expect you to do what you said you would do.

Saul: 4-19-04

Sorry, I lost alot of money because what you did. The refunds are coming out of my own pocket please understand. I will get it done tonight.

Eddie: 4-24-04

OK, Saul, it has been almost a week since you said you were going to give Marshall his refund (this last time), and still no refund - what's up? Needless to say, he is getting pretty pissed - what's the hold up?

Saul: 4-25-04

Sorry about the delay. What is his email address to send payment to via paypal?

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