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I've had to resort to legal action to hopefully get them to do something about the defective junk they sold me. Almost six months have passed since they took my money and no resolution in sight.
Letter is enclosed below... VIA CERTIFIED MAIL 7007 1490 0003 8306 9937 RETURN RECEIPT REQUESTED September 5, 2008 ROBERT HAMME STRATMOSPHERE, INC. 7920 RAE BLVD VICTOR, NEW YORK, 14564 RE: v. Roslindale Auto Service & Stratmosphere Inc. Massachusetts G.L. c. 93A §9 Demand Letter New York G.B.L s.349 and 350 Dear Mr. Hamme: Please be advised that this is a formal demand letter pursuant to G.L. c. 93A, §9 regarding the misrepresentation and breach of contract as outlined below,and New York General Business Laws § 349 and 350. This letter should in no way be construed as exhaustive with respect to the allegations by me against you for your unfair and deceptive acts. On or about March of this year, after reviewing the Audiworld advertisement postings by your staff, I purchased a "Milltek" brand exhaust from your dealer Roslindale Auto Service for my 2008 Audi S6. Your company is the sole importer and distributor, and sold the exhaust system to Roslindale Auto Service. I paid $2,911.55 for the exhaust and installation of it. It was represented to me by your sales staff, and by your own advertising, that "Our products are direct replacements for the original systems and come with everything needed to fit them. There are some vehicles that may require different rear valances to be fitted to allow tailpipes to exit the rear bumper (e.g. VW Golf Mk4) but this will be made clear to you." This was not the case. Your exhaust system, for which you charge a substantial premium compared to others on the marketplace, and market it as a premium product of the highest quality level, did not fit the intended application. The exhaust system is manufactured incorrectly, and interferes with the fuel evaporation line on the Audi S6. Your staff called Roslindale Auto and suggested that he "rework" the pipe to go around the fuel evaporation line, until a properly designed replacement was sent out. Roslindale Auto attempted to follow your suggestions. One to two months passed since a replacement arrived, and once it did, we discovered to our shock and dismay that the problem was not corrected, in fact, the bends were worse than before and interfered with the fuel evaporation line more directly. We re-installed the first defective exhaust. Furthermore, because of the defect in the design of your system, the exhaust touches my plastic rear valance and has melted it. Roslindale Auto has attempted to adjust it, but there is limited adjustment. Similarly, the fuel evaporation line has been worn through to near breaking point. I have sustained losses of at least $4,000 due to your actions, including the purchase and installation of your defective system, and the purchase and installation of a new rear valance and fuel evaporation line. These actions constitute a breach of contract, breach of warranty, misrepresentation, and false advertising. These unfair and deceptive practices constitute a violation of Massachusetts G.L. c. 93A, and the federal Magnusson-Moss Warranty Laws. Please be advised that G.L. c. 93A allows you 30 days to respond with a reasonable offer of settlement. Please be further advised that you have violated New York general business laws section 349 and 350, which declare unfair business practices and False Advertising unlawful. New York law requires a response within five (5) business days. According to both Massachusetts and New York law, we intend to pursue multiple damages and attorneys' fees incurred in conjunction with the prosecution of this action, and any other remedy available to us. Please contact me at ______ to discuss a prompt resolution. Very truly yours, ____ |
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