rear wheel demolished!!

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mattster31

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So I have a new set of 220's............and I decide to have them mounted at a shop as I didn't want to risk scratching the rims. Well.........I pick them up today and the rear wheel looked like it had been through the ringer!!!! Major scratches with minor dings in the outer rim. Including a few on the midddle part which looked like someone clamped something there..........crap!!!! Worst thing was, whoever did it tried to cover it up with black magic marker!! All the guy does is apologize and offer a refund on the install. I don't know whether to make him repaint or replace???? I don't think I could have made it look worse if I had just done it myself. Just goes to show you.............if you want something done right...........do it yourself.

 
If you wheel was undamaged prior to the install he owes you a rim.

Take the refund and have him write a ticket out for it (as an admission of guilt) then hit him for the rim.

If he won't pay, take him to small claims court. His refund will say he admits to the damage there for not a case of - it was like that when he brought it in.

 
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So I have a new set of 220's............and I decide to have them mounted at a shop as I didn't want to risk scratching the rims. Well.........I pick them up today and the rear wheel looked like it had been through the ringer!!!! Major scratches with minor dings in the outer rim. Including a few on the midddle part which looked like someone clamped something there..........crap!!!! Worst thing was, whoever did it tried to cover it up with black magic marker!! All the guy does is apologize and offer a refund on the install. I don't know whether to make him repaint or replace???? I don't think I could have made it look worse if I had just done it myself. Just goes to show you.............if you want something done right...........do it yourself.
I guess what you should ultimately do kinda depends on the type of shop you took the wheel to. If you took it to Bob's Back Yard Tire Mounting Inc., they may not care if you wanna talk to the manager, raise Hell, threaten to call the BBB or even sue. If however, you took it to a reputable dealer, your chances of replacement (the only thing I'd settle for) are much better. You need to go gripe, and the sooner the better. The longer you wait, the more they will argue you did the damage after you picked up the wheel. You could go to civil court, but that's more for the principle of the thing. OR, you could have all of us e-mail and call the shit outta him until he begs you to let him buy you a replacement. (Oops...did I just say that?) Good luck.

Edit: I just saw FJRFencer's post...Thats a good idea also.

 
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best of luck on that one Mattster thats lame. Make sure you name the company in the forums section on venders so none of us get it from the same guy! :angry2:

 
Fencer is right. Take them to small claims court, which is relatively easy to do. Get the collateral and proof via the refund. Like I said, Fencer is right. Do that. Right now!

-BD

 
I agree. If I want to be cheap, and I have been, and am, cheap, I will change tires myself using my JD tractor bucket to break the bead, a very barbarian setup to remove the the tire and in the process inflict damage to to the rim. All acceptable, of course, since it's ME in charge.

If I PAY for the service.. different deal. I expect the work to NOT inflict damage on my property.

Unless, of course, I'm paying in beer money to a friend who just recently purchased a tire changing machine and we both are, well, you know, TCUI ([SIZE=8pt]tire changing under influence)[/SIZE]

 
If you wheel was undamaged prior to the install he owes you a rim.
Take the refund and have him write a ticket out for it (as an admission of guilt) then hit him for the rim.

If he won't pay, take him to small claims court. His refund will say he admits to the damage there for not a case of - it was like that when he brought it in.
Careful about accepting the refund he is offering before going to court. He will say that you accepted that as settlement. If you think about it from a Judge's perspective he will probably believe him.

First get him to put his offer in writing, then you have proof that he accepts liability. Then I would write to him telling him that you do not accept his offer and unless he offers to replace the rim within 7 days you will sue him. Tell him that you have photographic proof that the rim was in good order before you took it in. Then get some just in case, I am sure there is a board member with the same coloured bike as you who will supply a photo of a nice undamaged rim. If it gets to court ask the judge to rule that he pays for the rim and tyre to be fitted at an alternative shop.

When you eventually get to the 'alternative shop', spell out to the owner/manager why you are there and what has happened so that he knows you don't want it happening again.

 
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I'm going to conditionally agree with feejer222, at least for states in the U.S. In some jurisdictions, accepting the refund of the tire mounting price by cashing their check can be considered an "accord and satisfaction" of a disputed claim. In others, it has to be clear that was the intent, or in many (like California, by virtue of statute) requires a writing to the effect that the intent of the payment is to fully discharge liability for the disputed claim. (BTW, it must be a disputed claim to function as an accord and satisfaction. If there is no dispute that X dollars are owed, in other words, if it is a "liquidated claim", then a payment of less than X dollars is only an installment -- not what this situation sounds like.)

On the other hand, you might be able to get them to give you a check, or to offer that in writing with or without a check, make a photocopy of it, and then write them a letter stating that the check is uncashed (and it needs to be) and offering to return it. Your letter might state your reasons (e.g., what you think they owe you with calculations) and ask if they want you to cash the check as an installment on what you believe they owe you or return it. That way, you at least get the evidence, and maybe an installment payment.**

** Disclaimer: I'm not admitted by the bar to practice law in your jurisdiction, don't know all the facts, you should see a lawyer for competent advice on this issue in your jurisdiction, etc., AND this is not guaranteed to work, but it's what I'd do here. That is -- it's what I'd do if I didn't mount my own tires. This kind of F&^% up is a perfect example of the number one reason I do my own: I know it will be done right, and care will be taken to shield the rims from damage, even to the extent of using duct tape and cut out cardboard where advisable (like on the custom aftermarket rims on my XX).

 
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If you wheel was undamaged prior to the install he owes you a rim.
Take the refund and have him write a ticket out for it (as an admission of guilt) then hit him for the rim.

If he won't pay, take him to small claims court. His refund will say he admits to the damage there for not a case of - it was like that when he brought it in.
Not just the rim. You'll need to be compensated for bearings, either removal/reinstall of old or new and removal/reinstall of tire.

 
If you wheel was undamaged prior to the install he owes you a rim.
Take the refund and have him write a ticket out for it (as an admission of guilt) then hit him for the rim.

If he won't pay, take him to small claims court. His refund will say he admits to the damage there for not a case of - it was like that when he brought it in.
Not just the rim. You'll need to be compensated for bearings, either removal/reinstall of old or new and removal/reinstall of tire.

UPDATE!!!

So I took a better look at the rim the next day, after having a night to "sleep on it". It looked like just paint scratches and a very small gouge. Keep in mind it's a used '03 with 35000K (I'm not making excuses). Anyways......I took it over to a buddys shop (should have gone there first) and ran it on his balancer. We checked the trueness of the rim and the disc runout. Perfectly straight. Went back to the guy to tell him I wanted a re-paint. He hands me my money back and says he won't re-paint. The conversation became very heated and I ended up leaving. I will just re-paint it myself. I was not interested in legal action over this nor did I want to trust him with my rim again should I have convinced him to do it.

Thanks for the advice guys. I appreciate it.

 
If he won't pay, take him to small claims court. His refund will say he admits to the damage there for not a case of - it was like that when he brought it in.

In Texas I believe you have to file at least a $250 fee in small claims court so they aren't bogged down with bogus worthless claims.

 
If he won't pay, take him to small claims court. His refund will say he admits to the damage there for not a case of - it was like that when he brought it in.
In Texas I believe you have to file at least a $250 fee in small claims court so they aren't bogged down with bogus worthless claims.
Things are different in Canada..............court can take a very long time as they are bogged down. I am not sure what it costs to file up here. I can buy a NEW rim for $300 USD or cheaper on evilBay. My time and effort fighting this guy over a re-paint is just not worth it. Like I said..........if he did that bad a job changing a tire, how would he do taking it back off and then painting?? Lesson learned for sure :-(( BTW don't shop there. It was RPM Motorsports in Burlington, Ontario.

 
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