Originally Posted by retrodog
Hey Smith, tried to send you a pm, but couldn't pull up on phone. Legally there is not much you can do, I hope the lawyer explains this to you before he takes any of your money. We even have a 3 day right of recision in TX, but it doesn't apply to equipment, only houses. I am not trying to be a know it all or anything, but I would pursue other avenues before I went the legal route. On equipment, its basically a bill of sale from the seller to the buyer, address etc is usually irrelevent. As is where is, warranty will be supplied by manufacture and dealer is supposed to honor warranty (but has the right to refuse any biz), return policy is decided upon from the seller at his discretion. I know it sucks, I've been there before with a new grand am I bought for my girlfriend. 17 times in the dealer for repairs in 6000 miles, 8 of them having to be towed in still lemon law didn't apply yet, has to be the same issue more than 3 times, not different ones. I have heard lots of good things about the dealer your referring to, and he really seems to care about customer issues when I visit with him. I thought they had a pretty smooth operation too (not rinky Dink). I am not an employee for bad boy or your dealer nor do I speak for them nor do I know the whole situation. Here is my 2 cents. Drop your mower off with Ted, visit with him calmly, ask him to please fix your mower in a timely manner and show him what you are referring to on the cut. You don't want any finger pointing you just want the unit you gave 11gs for to operate like it should. He said she said never flies, he could have told you it would fly and ran on gps that mowed yards for you itself, Simply put it if he can't fix your issues and get it to cut right, simply tell him then to exchange for a unit that will operate as it should or simply give you your money back so you can purchase something that will. If they do grind your brake pad (which is not the proper fix..LOL) it will be on them to replace.
If it does sit there for 4 weeks, atleast the rep will see when he gets there that the dealer had ample time to fix issues. I guaranty you this, if you handle it this way, i will bet my dealership that you will either have a mower fixed, replaced, or your money back (minus use wear and tear..they call it a restocking fee anywhere from 10% to 25% sucks i know...) a week after the bb rep talks to you. I have seen bad boy go waaay above and beyond for their customers, but the best way to get there is to be reasonable. Any exchange or refund will be one of those favors to save face, but first just see if they can make it right. The only statement that has ever pissed anyone off from a customer is the I will Sue you or get my lawyer card, for me it would be a dead deal from then on, but I go above and beyond for anyone, might as well have punched my wife because its about the same in my book. I promise you both bb and the dealer would love this resolved to avoid having an unhappy customer, but some situations are irreversable. At this point replacing your mower, or giving your money back will not help them at all, just fixing the mower and hoping you will get past all this and like your machine is the hope that both parties prolly have at best.... just trying to give another point of view to maybe smooth this process out for you...
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Hi from Ted, it's been a long time since I last posted on Lawnsite.com. Smithfabinc which I will refer to as Mr. Smith, I have never seen Mr. Smith before the purchas of this mower. Let's get some of the true facts out about this whole case for two reasons. 1. Bad Boy doesn't deserve a bad rap on this deal, and as one of the best servicing dealers that I know, I don't either. Mr. Smith called on the phone, and asked if I had a particular mower in stock, which was the compact diesel. I told him that I did, quoted him a price, and he said I will be there to get it. At this point we have had no discussion about the mower itself it has been a simple "do you have and how much does it cost" conversation. Many of you know Peanut, my video guy and service manager, It was his birthday on the day that Mr. Smith made his purchase, I personally pre-deliverd this mower, and we got a call from Mr. Smith at 4:45 PM the employee which has been with me for over 20 years told me Mr. Smith is on the phone and he would be 20 minutes late. I told him that I would wait. At 6:30 (an hour and a half after closing and changing other plans on a Friday) I left and went home because no one showed up. Shortly after returning home, our answering service called and said there was someone at the dealership to pick up a mower, so I returned to work. As you can see the inconsistencies between what Mr. Smith says, and what I know to be true, are going to keep getting further and further apart. I stayed and explained all of the safety features on the mower, as I am required to do. Since this was after hours, and all of our invoices are computer generated, I hand wrote him an invoice which was from Corriher Implement Co. not TC Corriher Implement Co. but as you can see the next business day, the proper invoice was written and even though he paid cash, I paid the tax as required by law. Mr. Smith came back a few days later saying how much he liked his new mower, and purchased a deck assist kit. The only reason that he knows about my patent pending braking system is because I told him the reason I keep the deck assist system in stock is to use the deck assist pedal and the cut out floorboard to install my front brake system which I did not discuss selling them to him as he claims. Everything was still fine at this point, he came back about a week later and purchased some hub caps for his mower, the front ones were on back order, and we refunded his money on his next visit. The next time I saw Mr. Smith, the situation had completely reversed. He was visually upset, and throwing four letter words around like a sailor. Mr. Smith said that the mower cut wet grass like sh@# and said he was going to cut out the last piece of baffling at the exit of the deck and install a straight piece. I told him before he started cutting on his $11,000 mower, that I had a deck under the shed just like his that was brand new and would modify it myself to try and see if I could help him. This is after talking to Bad Boy about what to do, which they said basically these mowers are not designed to mow wet grass. After talking to my rep, he explained that colleges have done studies and that when grass is cut wet, it was much tougher to cut, and because it was tougher to cut it pulls hard on the root system. It is not a good idea for the grass or the mower, as Mr. Smith, with his wife backing him up, explained to me that he cut grass in the rain with his Hustler and had no problem. What I find funny is after saying how great his Hustler was, he has two brand new 2011 models listed on Craigslist with the same hours (34,37, claims that he is downsizing) as the Bad Boy he now wishes to get rid of. He told me how much he like going from 13 1/2 gallons of gas to only 7 with the diesel on a large job he had. Then in the next sentence he would talk about his diesel, there are many discrepancies in everything he says and does. My Bad Boy Rep told Mr. Smith that he would have to personally see the mower to be able to help me do a buy back which is what has to be done for two reasons 1. the warranty on a Bad Boy does not transfer, and it is their discretion to let me be able to take this mower back and give the next customer a new warranty. 2. The machine has 37 hours on it, it is not a new machine anymore, if he had asked, before purchasing I mow at home with an AOS mower with the same deck, and I let customers use and borrow it all the time. Almost everything Mr. Smith is saying on Lawnsite is a distorted truth, I feel sorry for Bad Boy and me taking the rap, and you having to listen to it. 2 days after my rep set up an appointment with Mr. Smith to look at his mower, Mr. Smith showed up at my dealership, came straight in to my office while I was on the phone with another rep(very unprofessional), held up his owners manual and keys, and said I am not leaving without all my money returned now or I will get an attorney and sue you. At this point I had no choice, I told him to get an attorney and I would see him in court. At this point I told him I could no longer help him with his mower, as Bad Boy has recommended him to take it to other Bad Boy dealers, Mr. Smith says the next dealer is over an hour away, when there are two other Bad Boy dealers much closer to him than I am. He drove past two other dealers to get to me, boy was that a bad day. Some customers you just wish you had never seen. The day before he came in demanding a refund (8-11-2011) I put on my regular street clothes with no Bad Boy attire and went to see the local Hustler dealer, and the John Deere dealer, which both dealers know who I am in this area and were more than helpful with information, allowing me to look at at least seven different mowers. As I am designing my own line of mowers, the deck is about the last thing I am still deciding on, so I too wanted to gain some information. I told them the problem I was having, all of them answered the same "These mowers are not designed to cut wet grass, but we know some customers do it" I think that is up to the customer and the quality of cut that he wants. Just because the sprinkler system is on during the night and shuts off at 6 in the morning, 7 am is not a good time to start mowing this property. I'm not sure how long Mr. Smith has been cutting grass, but his stories are all over the place. Since he has two new Hustlers for sale on craigslist, it makes me wonder how his relationship is with them. There is very little truth in any of the posts that Mr. Smith has made so far, and he is not the kind of customer I like to deal with, but as a good dealer, I was more than willing to take an $1,800 deck that I own, and modify it (at my expense) to try to help my customer. To me I went above and beyond and then had it shoved down my throat with a threat of a lawsuit. I could go on and on, but I think you get the general idea, you can't just buy a mower with no discussion, use it 37 hours, and expect to get a 100% refund like it was a pair of pants from Wal-Mart. I go above and beyond for all of my customers, and keep $35,000 worth of parts in stock for Bad Boy Mowers, I don't use many of them, but I have them available to keep my customers mowing.
P.S. On the brakes (where he calls me an idiot) if you look at the ASNI standards, which is the holy grail for lawn mower safety, for the brake test it clearly says that the manufacturer may burnish the brakes for this test which basically means scuffing the drum and pads because mower brakes are not used as a friction stop, only as a park brake and never get seated under normal conditions.
Sincerely, Ted Corriher