MASH'S APEX 550 STROKER

[RedGTS]

Re: MASH\'S APEX 550 STROKER

Maybe I'm just lucky?

Nah, either you didn't actually get your "legal fees" (i.e., what you paid your lawyer for his services, as opposed to court costs which go to the court), or there was a specific reason you were entitled to recover legal fees (e.g., a fee shifting provision in a statute you sued under or in a contract governing the transaction) that you may not even have been aware of. Here, while it's entirely plausible the contract (assuming a written one exists) between Mash and Apex had a provision allowing Apex to recover its fees in the event of a dispute, it's unlikely it extended the same ability to Mash because it's very likely Apex drafted it. So Mash's more likely avenue to recover legal fees would be to invoke some sort of state consumer protection act that allows the recovery of fees, which can be dicey.

But the important thing for you to remember is that whatever the state of the facts, your original legal opinion to the effect that there is a blanket right to recover legal fees in such matters is false. And while I appreciate the offer, I don't think you have any skills I need, at least in this area. Perhaps your medical knowledge is more extensive and you could help Mash with his emotional distress.

 

[2MANYTOYS]

Re: MASH\'S APEX 550 STROKER

 

[Torquemonster]

Re: MASH\'S APEX 550 STROKER

As you guys can see, this is what I have to deal with, he is in denial. I even offered to pay for him or his mechanic to fly to MD and check the motor for them selves. But still, nothing.

Gee - a free trip was on offer to know the truth! I'd have been there with bells on to see for myself had it been my reputation at stake.

We've all tried to reason, it started out really discreetly , and you've shown a lot of patience during the tear down and since Mash.

Bill is sticking to the letter of the written warranty and is not interested in the spirit of an implied and legal warranty to not provide faulty parts.

If this had been dealt with intelligently by Bill - the cost would be a fraction of what it will be now - and cost involves more than just money - there's all the time, opportunity cost, wasted energy and emotional stress a court case defense will cost him.

Two things are for sure - he is never going to forget you by the time this is over, and it didn't need to get to court.

 

[Jack B]

Re: MASH\'S APEX 550 STROKER

Bill (Apex):

As an interested unbiased observer can you explain the following if it is your email?

“Oh, and if I did agree to the rebuild, I'd tell him that it has to be done here and not by Heffner. And per the warranty agreement, he'd have to pay to ship all the parts back here. That may just make him go away, but I don't know.”

 

[Marc Lublin]

Re: MASH\'S APEX 550 STROKER

Bill, Glad to see you are out of the Viper biz! Good luck Mustangs.

 

[THEMASH]

Re: MASH\'S APEX 550 STROKER

I have told Mashour in at least five emails to send back the engine for inspection, analysis, and/or warranty repair. That is clearly stated as the procedure in the warranty he accepted. If he doesn't want to do that, there's not a whole lot I can do. He simply wants me to write him a check, but that's not the way a warranty works.

You gota be kidding me right,
First you blow my motor by forgetting to clean the intake manifold, which caused it to fail 1,500 miles later.
Then you purposely install a crank that was keyed far too deep and is destined to fail sooner or later, and is also an unacceptable part to be in a viper motor.
You also take my parts off my car and don’t even return them.
You then tell me that you wont honor the warranty. Which then caused me to give Jason the OK to start working on fixing the motor and ordering all the parts. And now after all the parts have been ordered and all the machine work to the block and crank has been done, u want the motor back? to do what exactly ? to destroy it like you did the first time. Why would I trust you with my motor again? You were dishonest (installing a faulty crank) and unprofessional (forgetting to clean intake manifold) the first time, why would anyone trust you the second time around. And above all that, you refuse to pay for your mistake.
You have proved to everyone that you are not qualified to work on viper motors, and not decent enough to even deal with customers. Plus your web site only proves it now, due to the fact that you don’t sell or work on vipers anymore (thank god)

Only after torquemonster’s post (this thread) did you decide to e-mail me and tell me to send my motor back, but you still want me pay for shipping the motor back to you, even though its your fault the motor failed. What a joke.

If you considered a faulty crank (keyed in too far) as an OK part to put in a brand new viper motor, what makes me so sure you wont consider scratched pistons or scratched cylinder walls as on OK thing also to be in a viper motor. You might even consider a few foreign materials in the intake manifold and motor as OK also. For all I know, you could get the motor back, put it together the way it is without changing anything and then say “here you go”.
Besides, the damage done to the motor was caused before it even left your shop. You canceled your own warranty when you neglected to take care of it and not clean it properly.

You say I accepted the warranty, but I never signed it, how did I accept it? You just e-mailed it to me.
Stop trying to hide behind your warranty, like I told you before, even if you never offered me a warranty, you would still be responsible for what happened. Warranty or no warranty, you are %100 responsible.

 

[BADVENOM]

Re: MASH\'S APEX 550 STROKER

Wow, just read this whole thread, unbelievable. Mash I feel for what you have been through. I'm presently having my car S/C at dlm. I had doug send out my intake manifold to scott at elite motorsports for polishing. I guess I had better have this thing carefully inpsected before installation..

Adam

 

[Chuck B 98 GTS]

Re: MASH\'S APEX 550 STROKER

Wow, tough reading
Honestly though, why did Apex drop Vipers aside from Mash's motor?

 

[LSs1Power]

Re: MASH\'S APEX 550 STROKER

I think Lethal was glad that this thread reached page number 5, but I wanted to say TTT.........Bill, things like this won't be forgotten easily.

 

[Vic]

Re: MASH\'S APEX 550 STROKER

Bet Bill is kicking himself for presumably accidently cc'ing Mash that email!

Email can be subpoenaed from net servers, and is never really deleted. Be careful what you write, it will float around, and can come back to haunt you.

[Vics Elevator Installation and Legal Services, Inc]

not!

 

[Torquemonster]

Re: MASH\'S APEX 550 STROKER

I think Lethal was glad that this thread reached page number 5, but I wanted to say TTT.........Bill, things like this won't be forgotten easily.

what!?

Wayne was a great ambassador for Apex - his car tested really well in the mags - and Wayne has had some really good contributions on this forum - don't tell me Bill pi$$ed Wayne off as well?

If true - Bill's pooped in his own nest and can be left to sit in it...

sorry for the visual there Vic - I know you're a visual guy - but it could be worse - I could post my avatar from the alley and the "whale" could blow a raspberry!!

 

[Gerald]

Re: MASH\'S APEX 550 STROKER

What really is sad is something like this happens, I know it's only one case and the person is marked as a creep by everyone here, but someone else on the alley .com is back to being held in "God" mode again.... even after still owing hundreds of thousands to dozens or more of people...

Strange world, Indeed...

Gerald

 

[dansauto]

Re: MASH\'S APEX 550 STROKER

What really is sad is something like this happens, I know it's only one case and the person is marked as a creep by everyone here, but someone else on the alley .com is back to being held in "God" mode again.... even after still owing hundreds of thousands to dozens or more of people...

Strange world, Indeed...

Gerald

yeah I noticed that too!! Just depends who you stroke over there. I can't believe people would forget the past that easy.

 

[THEMASH]

Re: MASH\'S APEX 550 STROKER

The battle continues
click here
feel free to join in


This is also an e-mail i got from Bill 5 weeks ago:
I'm sending you a check to Heffner Performance in the amount of $448. This
covers 60% of the value of a new stock clutch assembly, stock thermostat,
stock rocker arms, stock plugs, stock plug wires, stock plug wire
separators. I'd normally value used stock parts at only 30-40% of new
stock parts
These are some of the parts he owes me. As i am sure you have already guessed, i have not received a dime.

 

[THEMASH]

Re: MASH\'S APEX 550 STROKER

Thanks for the support on the mustang forum
too bad they closed it.
There are still many more forums