Really, really crappy discovery......

[SharkLover]

Hi Jay,
I hope everything works out for you. It's disappointing when situations like this arise and nobody wants to claim responsbility. We've become to capitalist as a country and sometimes forget about the moral decisions.

 

[smpross]

Jay,
I hate to say this, but I think that you are going to have a heck of time in court even if you can show that it may have been a defect with waiting so long to inspect. I think that you will need to sue to Manufacturer. If you sue the store, they are going to say that you had an opportunity to inspect it when it arrived.

Good luck!

 

[JayM]

for the 25 bucks it costs to file, maybe someone else can have a little heartburn for a change.

While I am obviously going to get screwed on this, I'm having a really hard time understanding this as my fault. I ordered it, paid for it in advance, waited for it to show up at the store (9 weeks!), then transported it home with care, and stored it with even more care until it was ready to put on the stand. It was presented to me in a sealed box from the store; it was never inspected by anyone but the factory.

 

[smpross]

I agree.... Give them heartburn and Hell! It is not your fault, but courts are real reluctant to award refunds after a long period of time since the purchase. How long of a time was it from when you received the tank to when you contacted them about the issue?

Scott

P.S. Don't misread my post... I think you deserve to win and really hope you do!

 

[smpross]

Your being too Coy... I would really let them have it.

 

[Ray]

I agree.... Give them heartburn and Hell! It is not your fault, but courts are real reluctant to award refunds after a long period of time since the purchase. How long of a time was it from when you received the tank to when you contacted them about the issue?

Scott

P.S. Don't misread my post... I think you deserve to win and really hope you do!

Ya but he is not asking for a refund, they are denying a warranty claim with an obvious manufacturing flaw, yes it has a chip but now it is cracking from the flaw and that is their responsibility to fix and I think the courts would side with him

 

[JayM]

We'll see. I'd rather file in MA under 93a than IN NH. It's a pretty comprehensive consumer protection law, and judges in MA are generally considered pro-consumer.

 

[smpross]

Small Claims Courts do not enforce a warranty. You must sue for a monetary amount (A refund) All they do is use monetary judgements to make a person "whole" again.

 

[Jim Tansey]

I can understand that members want to support a fellow member but I find it odd that that a overflow was installed and the the tank delivered almost a year ago and it's just been noticed now. Everything Jay stated may be 100% true but before everyone jumps all over the vendors I would like to see a independent assessment of the damage, I hope it will be provided.

Jim

 

[JohnK]

The tank was wrapped in that padded plastic stuff this whole time so the damage was totally out of view until the plastic came off last week (I was there). Also, I put the overflow in, and had no reason to look in the direction of the damage so I didn't notice it.

That said, I agree, having someone from a good glass shop take a look and assess the damage would be a really good idea. Then again, to get someone to do that I would think that Jay would have to pay for their services and then that would call their assessment into question, no?

 

[Ray]

Small Claims Courts do not enforce a warranty. You must sue for a monetary amount (A refund) All they do is use monetary judgements to make a person "whole" again.

Ah OK. I did not know that



Sent from my SCH-I510 using Tapatalk

 

[JayM]

I can understand that members want to support a fellow member but I find it odd that that a overflow was installed and the the tank delivered almost a year ago and it's just been noticed now. Everything Jay stated may be 100% true but before everyone jumps all over the vendors I would like to see a independent assessment of the damage, I hope it will be provided.

Jim

Fair question Jim.

Greg, the President of the club provided an eyewitness account earlier in this thread.
Johnk was there too. And it was literally unwrapped in front of them
Bill Nichols also saw it, and all he could do was shake his head.

Those are 3 long term reefers whose opinions I trust. I have nothing to hide, and had offered to let a rep view the tank. I got stonewalled with 'it's shipping damage, we see it all the time'

It defies logic for me how an impact to the outside of a glass box would lead to a chip INSIDE it, UNDER the silicone. But I'm just a linear logic guy, I guess.

 

[Ray]

Greg, the President of the club provided an eyewitness account earlier in this thread.

I just got ripped off by the Pres of a Tenn reef club so I will never buy into that status again

Now saying that I am not saying anything bad about Greg or that you are not telling the truth because that is not the case! I was just making a joke about my situation

if you end up with a useless tank I would ship it back to them in pieces or better yet let's load the tank into a truck and go confront them face to face. I love to yell and scream at people and get angry......I think I am happiest when I am angry

 

[Jocko]

I can understand that members want to support a fellow member but I find it odd that that a overflow was installed and the the tank delivered almost a year ago and it's just been noticed now. Everything Jay stated may be 100% true but before everyone jumps all over the vendors I would like to see a independent assessment of the damage, I hope it will be provided.

Jim

I did pretty much the same thing. Ordered a tank from GC and took delivery of it. It sat in the barn for about a year before I finally had the in-wall area ready. And just like in this case, I left it wrapped in the plastic until I was ready for it. Luckily in my case it was fine. But as I was unwrapping it, it suddenly occurred to me that it would suck if there was a problem after that long. So I realized in the future I will not do that again. And this thread certainly drives that point home. But it's not really a highly unusual situation to be in. You get the tank home and store it and go take a break. And then it's just a matter of "I'll inspect the tank tomorrow," "I'll inspect it next week," Etc. Next thing you know a year has gone by. Heh.

 

[beckbrass]

I have seen the inside of a piece of glass blow out before but usually there is a small mark on the outside were the impact occured. But if there is silicone inside the cracked part between the two pieces you got me. This can be similar to when you shoot a window with a bb gun and the outside has a small hole and the inside is blown out.

Sounds like enough "pros" have seen it to belive is a defect from the factory though. Good luck hope it works out for you with out much more work on your part.

 

[smpross]

I have a solution for you Jay... Get a tall crane. Hoist the tank 100 ft into the air over the front door of the store. Sell Lottery tickets to see who gets to push the button to release the tank from the Crane.

You make your money back
The store takes the tank back (Albeit in smaller pieces)
And you even get to make your point about their return policy

 

[UncleJT]

I don't know, some of the onus has to be on Jay for not inspecting it upon arrival. I realize the ultimate fault is with the manufacturer as this is a defect. However, had Jay inspected the tank completely upon arrival, he'd have more options to resolve this issue as a claim could have been filed against the shipper or a charge back issued if no one wanted to accept responsibility back then like they are now.

 

[JayM]

Well, I have the 'final answer', and I am in an UGH place. It more than doubles my cost basis. If I'm going to move forward and stay in, I have to figure out where the hell I'm going to get the $ to buy a tank over again.

 

[diverbh4]

Well, I have the 'final answer', and I am in an UGH place. It more than doubles my cost basis. If I'm going to move forward and stay in, I have to figure out where the hell I'm going to get the $ to buy a tank over again.

is redoing the cracked pane not an option?

 

[JayM]

interestingly, after a long conversation, the manufacturer says the tank would probably be OK to fill as it is. they crack tanks from time to time, and they just sell them at half price. I may just take the same option

as the resident BRS floodmaster, someone else might be willing to try the tank, but I won't.

they also won't sell replacement trim pieces, because their opinion is that if someone else tries to repair it, it still has 'their' name on it if it fails.