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bike wasnt finished when promised

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n36ryder05

Junior Member
What is the name of your state (only U.S. law)? ohio
Im getting my motorcyle chromed and the company thats doing it doesnt do the work themselves, they ship the parts to another place. I asked how long it takes and he says 7 to 8 weeks.I didnt want my bike gone for that long so i asked about a rush service and he said for an extra 100 dollars it can be done in 5 weeks. We're going on 7 weeks now and i still dont have my bike. Is he responsible for my 100 dollar refund. If i decide not to pay the 100 dollars when i pick up my bike but pay everything else could he legally keep or hold my bike untill i pay the 100 dollars? Would a police officer be in my favor and let me retrieve my bike if it gets out of control? His excuse was that the 100 dollars was used for overnight shipping so he cant refund it and its the chrome platers fault that its late, but no matter whos fault it is he told me 5 weeks so why should i pay for something i didnt get.
 


OHRoadwarrior

Senior Member
Consult your contract. If you do not have a contract, you do not have much of an argument. The police will laugh at you. Your recourse is in court.
 

n36ryder05

Junior Member
Consult your contract. If you do not have a contract, you do not have much of an argument. The police will laugh at you. Your recourse is in court.
5

There isnt a contract but there is a receit dated for april 8 and on that receit it says extra 100 dollars for 5 weeks that he wrote himself. Would that be enough?
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? ohio
Im getting my motorcyle chromed and the company thats doing it doesnt do the work themselves, they ship the parts to another place. I asked how long it takes and he says 7 to 8 weeks.I didnt want my bike gone for that long so i asked about a rush service and he said for an extra 100 dollars it can be done in 5 weeks. We're going on 7 weeks now and i still dont have my bike. Is he responsible for my 100 dollar refund. If i decide not to pay the 100 dollars when i pick up my bike but pay everything else could he legally keep or hold my bike untill i pay the 100 dollars? Would a police officer be in my favor and let me retrieve my bike if it gets out of control? His excuse was that the 100 dollars was used for overnight shipping so he cant refund it and its the chrome platers fault that its late, but no matter whos fault it is he told me 5 weeks so why should i pay for something i didnt get.
That's not what the police do.

You can dispute it when he bills you. If he insists on the $100 extra charge, you pay it to get your bike and then sue him in small claims court for the $100.
 

tranquility

Senior Member
You can try you plan. But, have the $100 in your pocket so you can get your bike out and then sue the person for contract breach in small claims.
 

n36ryder05

Junior Member
I really dont want to go through all of that over 100 bucks, i just feel used lol. Would I be able to sue for an additional amount besides the 100 dollars and what do you think the max could be.
 

tranquility

Senior Member
I really dont want to go through all of that over 100 bucks, i just feel used lol. Would I be able to sue for an additional amount besides the 100 dollars and what do you think the max could be.
No. Google "hadley v. baxendale".

(Well, court costs and the like would be added to the award.)
 

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