btcorrad

I'm not trying to ruin I.S. rep. They are doing fine on their own.

In response:

1. I will only accept a refund. I understand I will need to go to court to get it. Most people are not willing to go to court over $2k. I am that exception. It's just a matter of time to put things together since I'm in ABQ and would have to proceed in NY.

2. I won't name the other 2. They can choose to come forward if they wish. Neither have means to go to court and both are afraid to piss Mike and Tom off for fear that they'll end up with nothing. Anyone who checks the other Tib sites will find other folks with similar problems with I.S. in the last 6 months. And, for every 1 you see in a thread, I assure you there are another 5 that have been locked and deleted by the website since, RDTib seems to be the only website not surgically attached to I.S.'s jock.

3. I am not contacting Rick. My business is not with Rick. Even if there was a kit in the states, which I doubt, it is not my responsibility to resolve it with Rick. It is I.S.'s problem and obligation. I don't know how to put this another way, as I've tried numerous times. How is talking to Rick going to change anything? I still won't have a kit or a refund and I.S. will still have my money.

True, the BBB can do nothing. However, if the people who had problems with I.S. in the past had filled their responsibility to the community at large and submitted complaints, then I would've seen them when I first researched the company, avoided the sale, and avoided this whole mess, as well as other customers.

As for Sparticus, I need more information to truly comment legitimately. Assuming he bought the plane ticket and then couldn't or didn't go I'll tell you how it's different: He got the ticket he paid for. If he didn't use it, that's out of the airlines responsibility. However, I doubt that issue is so simple, nor is it on par with my issue.

REDZMAN

Well, then there's the big issue.

Taking the deal to lawyers and court will just show exactly where the kit is. What's up with it, and that you are refusing to work with them to get it to you.

I don't see it comin out well.

btcorrad

How am I refusing to work with them? They've already said they have no idea when, if ever, any body kits will ship. They are refusing to work with me. They are the one's passing the buck to someone else. This is the main reason why I'm not interested in another arrangement. I wouldn't put it past them to ship me a damaged one (if they even have it) and then pass the buck to the shipping company to stick me that way.

From day 1 there has been no proof of said kit even existing. Twice the excuse was used that the kits were damaged and now the excuse is that Rick has it? If Rick had it they would've already shipped it to me if for nothing else than to prove me wrong. Even contacting Rick would only convolute proceedings between myself and I.S.

Anyone can see a trail of 5 months worth of excuses for a kit that never left Korea if it was ordered to begin with.

Frequently computer parts e-companies will build up a decent rep and take a bunch of orders. At first they fill all orders. Then everything except orders for smaller items start to slow down. Eventually all outgoing products stop even as money continues to come in. At the end, they close up shop and wait until they can do it again, several thousand dollars later.

This has been happening as long as the internet has existed. I have no evidence that my issue is different.

purpletib

actually BTcorrad, refer to this link.

http://www.rdtiburon.com/index.php?showtopic=11410&hl=

It directly mentions your situation with the bodykit concerning Real and ImportShark. Looks like it will still be shipped.

importshark

The "e-companies" comment is not what this is ...... if I close up shop it will be because I just don't want to do it anymore, not because I'm interested in taking peoples money and running. I am working to resolve your issue. I have verified that the kit is in Ricks possesion.

btcorrad

Assuming the kit arrives without damages in a short amount of time, with any luck I will be able to sell it to someone on one of these forums. I can not however, wait for an indefinite amount of time. From the good words that so many have about I.S., I never expected to have so many problems.

Does this mean I am expecting a shipping number or is there an additonal reason for why this kit is to be delayed further. I think I understand that if I get the kit before going to court that I'm basically stuck with it until I make arrangements to sell it myself.

<span style="color:red">********** MERGED</span>

<div class='quotetop'>QUOTE (purpletib @ Oct 5 2005, 07:21 PM)</div><div class='quotemain'>actually BTcorrad, refer to this link.

http://www.rdtiburon.com/index.php?showtopic=11410&hl=

It directly mentions your situation with the bodykit concerning Real and ImportShark. Looks like it will still be shipped.
<div align='right'><{POST_SNAPBACK}></div></div>

I've seen this message a number of times. It's totally meaningless until people start getting refunds and/or parts. It boggles me how some think that Rick claiming responsibility for this mess on some post brings in magical rainbow butterflies to fix everything.

Not a slam to you purpletib, I'm just tired of being told that this message fixes anything.


<span style="color:red">MOD EDIT: merged.
please do not double post</span>

silvertibbs

I dunno man, I feel your situation, it took about 5 months for my Zefiro Kit to come to an area close enough to pick it up.

But I just don't see what all this legal stuff is going to do other than cost you more money.

Let's just say you take Importshark to court. They then go on to find out that they are having problems with their supplier, in this case Rick. I honestly think that the legal obligation would go to Rick and not Importshark, they've really done all they can IMO, and Rick has run into some financial issues that take time to work out.

All in all, I just see this as costing you a lot more than the 2g's that you have spent already, plus when you look at the whole scheme of things, you'll see that we are running out of companies to buy things Hyundai related. So after all of this you may still want to modify your Hyundai with maybe one other company, tops.

I just don't see any use it in at this point. We know Rick is where they get their kits and he can't release anything yet. You seem to have a reason, so that's your perogative, but still......

btcorrad

I can feel what you're sayin Silver but here's the thing: Rick has no legal obligation to me. I.S. does. No money passed from me to Rick. Rick has legal obligation to I.S. It is up to them to provide the kit to me in a timely manner whether through Rick or whoever is immaterial. If I get through court to sue I.S. it is up to them to sue Rick if they so choose. Honestly, this isn't about opinions and I keep saying this. It is simple legal guidelines. Folks don't have to believe me. I'm sure you all have a cousin or someone who is a lawyer. Ask them. Stop contradicting me and ask them. I'm not pissed at you I'm just saying, I wish you and Redz and other folks would get legal fact on this before continuing to suggest I don't have legal ground. I have already done this. I understand that ultimately you are probably just concerned for my welfare.

By itself, it would ultimately be up to a judge to determine what the acceptable time frame is. This case differs. I have in writing from I.S. specific shipping time frames that were agreed upon on 2 seperate juctures based on specific current conditions at the time prior to moving forward with the transaction. Email is now as legal as a typed record. My transaction was not as cut and dry as just ordering the kit throught the website. That is not how the sale went down and this is ultimately why no one elses wait time has any bearing on this specific scenario.

As for court costing me more money: I'm not going into specifics but, I assure you I have looked into this and it will likely be more expensive for them to have to resolve this in that matter, than for me.

There are only 3 ways this is getting resolved.

1. I get a refund before going to court and they sell the kit on their own. Tom contradicts himself by saying I should have no problem selling the kit. If that were true than he'd do it himself after my refund and be done with me.

2. I get the kit before I am able to make arrangements with work and legal counsel to get to court. I'm then stuck with making arrangements with the kit on my own.

3. I go to court for kit cost plus incidentals.


At this point it's just a matter of time as to which happens 1st.

As for not having many other companies with Tib products: that is a shame and that is why I will not be modding my car any further. This has left a sour taste in my mouth. I can see that the aftermarket companies for Hyundai with few exceptions, though noted, in my opinion, are not as reputable as those for some other auto manufacturers, mostly due to differences in experience and the sheer limited numbers of said companies versus those for other manufacturers.

importshark

Tiburon products do not sell like other makes and models do. For that reason we do not stock body kits, we would end up spending more money is storage. Importing kits is a service, we use our contacts to order kits for customers and get them imported. That's why there are no refunds on imported kits, because we do not have the money ...... the kit has been paid for. Other companies do the same thing ...... except they call them group buys and with group buys once the order is made there are no refunds.

As for Rick, we were sharing a container with him, not using him for importing kits.

btcorrad

Again Tom, you contradict yourself by then suggesting it would be so easy for me to sell a kit that has shown no proof of existance yet or, some day finally receiving the kit and selling it, eating the $200 that I originally paid for it to even have it. If it is so easy, I say again, you would do it yourself and send me the "refund". That is why i don't personally trust your "verification" of the status of the kit. If Rick had it, by now, you would've eithier sold it yourself to give me the money and be rid of me, or have me a tracking number from shipping it to prevent me from even having a case. You have done neither. In the words of Sir Arthur Conaan Doyle, "Eliminate all other factors, and the one which remains must be the truth."

Additionally, twice, seperately, Mike asked if I agreed to terms of our arrangement and for whatever reason, due to his circumstancial fault or no, his terms of a time frame, in this case specific and not common to all, he was unable to meet these terms. In as much that his own part of the contractual agreement was broken, the official "no refund policy" current to all was specifically excluded from our business and requires that I.S. provide, in whatever means they deem necessary to return monies left from a broken agreement to the sum of $2010.

I understand, had I ordered the kit through normal channels, had he not 1st had "the kit ready to ship as soon as the money clears" and then 2nd been "ready to ship as soon as it it out of customs in a couple weeks", both of which I agreed to initially, then and only then would your "no refund policy" still stand. But as he had to make a 3rd arangement, one which I had no knowledge of prior and additionally expressly disagreed with, what remains is monies owed to me. How I.S. procures the $2010 is neither my business nor my concern.

Your insistance that no responsibility is held by I.S. does not change that it, in fact, does.

Further, where I.S. may have been known in the past to be both honest and reliable, in this case such has not been true. Whether the original cause is Rick's or not, the responsibility is for I.S. simply. That is one of the many risks of business. It's basic practical ethics. For all parties involved I wish none of this had happened but, it has and I.S. needs to own up.