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Purchase not as described

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Bgunz476

Junior Member
What is the name of your state (only U.S. law)? Va

Purchased a brand new complete cylinder head. Had it installed by an ASE certified shop. Vehicle would not run. Shop took cylinder head back off and discovered a part missing from cylinder head. Seller very reluctant to exchange product and will not give any on extra cost ensued because of defect. They state that there warranty excludes other parts and labor. I am in VA they are in Florida. Where would a civil or criminal case need to be filed? Does the fact that the item was not as described over rule their stated warranty? Is their some sort of Internet sales governing body?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Va

Purchased a brand new complete cylinder head. Had it installed by an ASE certified shop. Vehicle would not run. Shop took cylinder head back off and discovered a part missing from cylinder head. Seller very reluctant to exchange product and will not give any on extra cost ensued because of defect. They state that there warranty excludes other parts and labor. I am in VA they are in Florida. Where would a civil or criminal case need to be filed? Does the fact that the item was not as described over rule their stated warranty? Is their some sort of Internet sales governing body?
Why did you (or your mechanic) not inspect the part before installing it?

ETA: You would need to travel to Florida to pursue a civil (small claims) case against the seller. It's not a criminal matter and there is no internet governing body to oversee this sort of matter.
 

OHRoadwarrior

Senior Member
WOW, I am trying to think what could be missing from a cylinder head that would not be obvious. The components are very limited. Can you please provide the make, model, year, engine and what was missing?
 

Bgunz476

Junior Member
Why did you (or your mechanic) not inspect the part before installing it?

ETA: You would need to travel to Florida to pursue a civil (small claims) case against the seller. It's not a criminal matter and there is no internet governing body to oversee this sort of matter.

Mechanic did inspect appeared to be in order. So found out this place has a history of this sort of thing. Anyway to shut them down?
 

quincy

Senior Member
Mechanic did inspect appeared to be in order. So found out this place has a history of this sort of thing. Anyway to shut them down?
If you are judging the history of a business by its negative reviews, it can be important to note that reviews are often skewed to the point where they do not present a clear picture of a business. Those who are satisfied with services or goods tend not to write positive reviews.

It would help us help you if you could answer OHR's question.

With that said, if you feel the business is acting in a way that violates consumer laws, you can file a complaint with Florida's Attorney General's Office. If enough complaints are filed against the business, the business will be investigated by the State. Here is a link to the AG's Consumer Protection Division:
http://myfloridalegal.com/pages.nsf/Main/18A7753257FE439085256CC9004EC4F7
 

single317dad

Senior Member
WOW, I am trying to think what could be missing from a cylinder head that would not be obvious. The components are very limited. Can you please provide the make, model, year, engine and what was missing?
While your standard Chevy small block head would be pretty obvious if it was missing a valve spring, I've seen some heads that had tiny springs, needle valves, and retainer clips buried inside that one could easily miss if he wasn't familiar with that head design (and which, in fact, I have missed because I wasn't familiar with that head design).

Since the part was warranted, demand that the seller exchange it for a working piece. Regardless of claims made by the seller, the mechanic (and you) should have verified the working condition of the part before adding significant labor charges to the equation (which if I've read correctly between the lines is what you're really upset about).
 

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