Multi-state Online Sale; Help with the minor details, please?

[KSim57]

What is the name of your state? Virginia.

Hey everyone. Over the last year, I've been dealing with a situation. Being a member of an online forum, I solicited a vendor on the forum to modify and upgrade an engine for me. I contacted him via email and via the forum and worked out a deal with him. I mailed the engine to him in Louisiana where he disassembled it, had the case bored, and had an upgraded big bore piston installed. He then shipped it back to me. I installed the engine and started to use it. Later on, I noticed there was a significant knock in the engine that had been there since the very first time the engine was started (videos I took to show progress off on youtube prove this). I tried working with the vendor to diagnose the problem, which lead no where. Finally after much debate, I tore apart the engine myself and found that the piston was broken. For those of you that are mechanically minded, the piston skirt had broken off and there are signs of piston slap (lateral movement of the piston inside the sleeve in the engine block). This is definitely something I want to hold him liable for, but he refuses to negotiate. I even offered for him to give me a partial refund. Long story short, I still have some questions before I file a suit.

1) Virginia law allows me to sue a company that sells frequently to the Commonwealth of Virginia, here in the Commonwealth (long-arm statute). I want to be sure this applies to this case. However, I never dealt with this vendor through their website. Only through the public forum and emails. Upon looking further into the situation, it appears to be a one man operated act out of his garage. I can't find any filings in Louisiana that this company actually exists. Should I be suing him personally or the "company"?

2) His website says that he's no responsible for the products he sells. It goes on to say that there are no warranties; even ones of merchantability. I never conducted ANY business through his website. Does his legal disclaimer apply to me?

3) Has anyone ever dealt with a situation like this, or heard about something similar before? I'm a bit flustered over this case.... I wish he would just stand up and do the right thing.

Thanks in advance for any help and advice. I really appreciate it!

 

[swalsh411]

How do you intend to prove the damage was not caused by you continuing to run the engine knowing their was a problem?

 

[OHRoadwarrior]

The problem here is you have no proof what caused the piston to deteriorate. Was it a new piston? It could have been defective new or old. Were the crank bearing and ring size correct? Did you pay to have a magnaflux done on the block before the rebuild? Was the bore too excessive for the cylinder to properly cool? Are the connecting rods correct for the bore and stroke? Did you overheat or over rev the engine?

 

[KSim57]

How do you intend to prove the damage was not caused by you continuing to run the engine knowing their was a problem?

The problem here is you have no proof what caused the piston to deteriorate. Was it a new piston? It could have been defective new or old. Were the crank bearing and ring size correct? Did you pay to have a magnaflux done on the block before the rebuild? Was the bore too excessive for the cylinder to properly cool? Are the connecting rods correct for the bore and stroke? Did you overheat or over rev the engine?

Thanks for the replies. Swalsh411, I have a video of the very first time the engine was started. There is no comparable difference between the noise from the first start video and any of the following videos. This proves (at least in part) that the noise was caused from a broken piston skirt. We can definitely prove that the skirt was broken either during the first start, or before the first start. OHRoadWarrior, I'm looking into options for proving what caused the piston to deteriorate. The best way in mind is to have the bore in the block checked against the bore of the piston by multiple professional mechanics. Any excessive play would help show that there was piston slap caused by the boring. I also have planned for these mechanics to check for signs of blow by and piston slap via wear marks on the piston and block (which are present based on my amateur evaluation). To answer your questions, yes the piston was brand new. Regardless if the piston was defective or not, I believe that this is grounds for a refund or new engine. It's the manufacturer's responsibility to deliver an end product that performs and operates as advertised. The crank bearing and ring size SHOULD have been correct. That's something I'm going to have checked. I did not pay for the bore to be checked (magnafluxed), however it is the manufacturer's responsibility to ensure that the bore is correct for proper operation of the end product. I do think the bore was too excessive. Again, having that checked. The connecting rod should be correct for the stroke (as that isn't changed) and shouldn't have to be altered for an increased bore. If it does, and that was an oversight, it was an oversight on the manufacturer's part. I never overheated or overrevved the engine.

 

[KSim57]

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