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Am I out $5,000? I'm sure the OT will let me know.. So go ahead and let me have it

Posted on 4/21/17 at 11:04 am
Posted by Dont_Call_Me_RAY
Member since Feb 2017
1439 posts
Posted on 4/21/17 at 11:04 am
I ordered 2 complete HVAC units from a supplier, compressor unit and evap unit. Paid a 50% down payment of $5K. They said 4 to 5 weeks on delivery and it has been 12 weeks and they are still saying 4 weeks out, maybe longer.

In the Terms and Conditions, it does say that delivery timeframes are an estimate and that by making a deposit, this alleviates them from any cancelation, refund or charge back. I, very much, understand reading fine print and conditions. But to what extent to they enjoy such protection? Can the delivery be delayed as long as they care to take it? Months or even years?

I know this is the OT and fully expect, even hope for, a few smart-arse responses like “kiss your $$ goodbye” or “that’s why you are supposed to read before you buy", etc etc. I’m sure I won’t be disappointed. But I’m hoping for constructive responses as well.
Posted by StealthCalais11
Lurker since 2007
Member since Aug 2011
12450 posts
Posted on 4/21/17 at 11:05 am to
Money Talk would do you better
Posted by wickowick
Head of Island
Member since Dec 2006
45815 posts
Posted on 4/21/17 at 11:06 am to
What was the method of payment?
Posted by Dont_Call_Me_RAY
Member since Feb 2017
1439 posts
Posted on 4/21/17 at 11:08 am to
quote:

Money Talk would do you better

Thanks, I'll try there. But I would be missing out on the ridicule.
Posted by Upperdecker
St. George, LA
Member since Nov 2014
30590 posts
Posted on 4/21/17 at 11:09 am to
Posted by Dont_Call_Me_RAY
Member since Feb 2017
1439 posts
Posted on 4/21/17 at 11:09 am to
quote:

What was the method of payment?

AMEX
Posted by alphaandomega
Tuscaloosa
Member since Aug 2012
13578 posts
Posted on 4/21/17 at 11:09 am to
Do you own a gun?

Problem solved. Either pickup AC unit, cash, or they can make the funeral arrangements.
Posted by Dont_Call_Me_RAY
Member since Feb 2017
1439 posts
Posted on 4/21/17 at 11:10 am to
quote:

Upperdecker

Thanks for the laugh! (damn it)
Posted by Radiojones
The Twilight Zone
Member since Feb 2007
10728 posts
Posted on 4/21/17 at 11:11 am to
AMEX will take care of this for you if you call them. It is my sole reason for having an AMEX card.
Posted by SG_Geaux
Beautiful St George
Member since Aug 2004
78005 posts
Posted on 4/21/17 at 11:11 am to
quote:

quote:
What was the method of payment?

AMEX



Worst case is AMEX will take care of it for you.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16474 posts
Posted on 4/21/17 at 11:11 am to
quote:

this alleviates them from any cancelation, refund or charge back


Exculpatory clause, it's meaningless.
Posted by Perrydawg
Middle Ga Area
Member since Jan 2014
4770 posts
Posted on 4/21/17 at 11:12 am to
I cant see why it would take that long to get you the units you ordered. I had my Outside Unit and Air handler replaced a few weeks ago. They came out Monday and did the leak test on my old units, and I had the new units installed the next day. Hell we have a 7 ton unit at our shop here at work that went out last week and had a new installed two days later. Seems that you are getting the run around, but you could make a claim with AMEX and get your money back I do believe.
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 4/21/17 at 11:14 am to
File suit immediately and you'll quickly find out if they are legit....a legit company will not want the negative attention.

Call the BBB, and any other agency that will hit the internet searches for them.
They will resolve one way or the other to get the negative info removed....IF they are legit.

That being said, if you were stupid enough to send this payment overseas...well....

Get your money back and use someone else, and don't be cheap.
Posted by Dont_Call_Me_RAY
Member since Feb 2017
1439 posts
Posted on 4/21/17 at 11:14 am to
quote:

AMEX will take care of this for you if you call them.

I am about to call AMEX. I've never charged back a transaction and didn't know if the terms and conditions come into play, or what they will ask me.
Posted by chinhoyang
Member since Jun 2011
23494 posts
Posted on 4/21/17 at 11:15 am to
I would never pay 50% down under those circumstances. People are in a lot more of a hurry when they know they don't get paid until they deliver.
Posted by Dont_Call_Me_RAY
Member since Feb 2017
1439 posts
Posted on 4/21/17 at 11:15 am to
quote:

I cant see why it would take that long

They are claiming high backlog.
Posted by Dont_Call_Me_RAY
Member since Feb 2017
1439 posts
Posted on 4/21/17 at 11:16 am to
quote:

I would never pay 50% down under those circumstances. People are in a lot more of a hurry when they know they don't get paid until they deliver.

Very true! My mistake doing that.
Posted by The Mick
Member since Oct 2010
43154 posts
Posted on 4/21/17 at 11:16 am to
You're not "out" $5000. You just need to wait a bit longer like you agreed to do.



ps - Ultimately though at some point they need to produce product or your money back. It will fall into a 'customary timeframe' type argument I imagine.
This post was edited on 4/21/17 at 11:19 am
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 4/21/17 at 11:17 am to
quote:

making a deposit, this alleviates them from any cancelation, refund or charge back.


This doesn't exist. So if they take a year, they can keep your money? LOL.

ALL credit card services have chargeback procedures for this type of THEFT.
Posted by jrodLSUke
Premium
Member since Jan 2011
22191 posts
Posted on 4/21/17 at 11:18 am to
quote:

it has been 12 weeks and they are still saying 4 weeks out


I would speak to them in person, if possible. Be respectful and tell them that 16 weeks is not acceptable based on an initial estimate of 4, and that they should do the right thing and refund the down payment.

People tend to do the right thing if you are clearly in the right. Reasonable people, anyway.
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