US distributor problems

[elrik]

Hi

 

I have a problem with the US distributor, Tom McClintock of Manik LLC, failing to supply what he agreed in writing to provide, and then requesting that I have to pay more to get what I'd ordered from him. At this point I feel like I've tried everything I can short of litigation, something that I'm reticent to do as it'll almost inevitably involve as much outlay as the kit cost in the first place. I'm wondering whether anyone on this forum has any other ideas.

 

Bear with me, this is quite long...

 

When I ordered my kit I sent Tom pictures of a car that I'd seen at the Westfield factory that was the color combination that I wanted:

 

 

We had a phone call where we discussed this, and agreed that the best way to fill out the order form was as Body Color: Black, and Boot Lid: Yellow, and in the Notes section put 'Body color combination as per photos provided'. I had an email conversation with him to confirm that I would get what I wanted:

 

Tom McClintock: "The FW bodywork rear fenders and main side pieces are one integral unit. We can do these in black, with the rest of the bodywork in yellow. This is not a problem. It's just that the rear fenders will not be detachable as we discussed. I'm trying to find a photo of the bodywork & color combination, but I don't seem to have one. I think you have a pretty good idea of what it will look like, so I'll refrain from doing a photoshop mockup."

 

Me: "Those photos I sent you were from the Westfield factory - I think its a car they were in the process of building. Its exactly the color and bodywork combinations that I want. I wasn't completely sure from what you say about 'the FW bodywork rear fenders and main side pieces are one integral unit. We can do these in black, with the rest of the bodywork in yellow.'. Does that mean you can provide the color combination shown on the photos?"

 

Tom McClintock: "As far as the bodywork color - yes, we can do exactly what you are wanting. My comment on the FW bodywork was that the lower sides of the main bodywork and the rear fenders are all one piece, and so the same color. As in the attached photo, that bodywork which is black is one piece, and that which is yellow is actually multiple pieces and can be different colors. They will be yellow in your case."

 

 

Fast forward several months and my kit arrives. I always planned that this would be quite a leisurely build, so I didn't press too hard about missing parts from Westfield. In fact, it took about 7 months for them to finally supply all the known missing parts, and as per other builders experiences I've found various small items missing along the way. Westfield in the UK have always been good about sending on items though (and Mark in particular has always been extremely helpful) so I haven't been too worried. There's actually some small missing items in the mail to me at the moment.

 

I'd left the bodywork packed up in the cardboard until I needed it so as not to risk it getting scratched, so with the parts delays it ended up being about 8 months before I unpacked it to start looking at some of the bodywork related projects. When I did I found that the rear panels were black, not yellow as per Tom's email confirmation.

 

When I made him aware of this he firstly stated that it was my problem:

 

Tom McClintock: "I'm not quite sure what to say here. We went back and forth a couple of times on the colors and options (hence the version 1.3 on the order form) and I've got the colors down to:

 

Body: Black

Front Cycle Wings: Black

Nose: Yellow

Bonnet: Yellow

Scuttle: Yellow

Rear Fenders (FW): Black

FW Boot Box Lid: Yellow

 

This is exactly what is in the signed order form you sent me, and what was submitted to the factory. There is no indication of the rear body section being yellow - only the boot box lid (i.e., the 'trunk lid')."

 

I called and left voicemails for him but never got a phone call back. After I reminded him of our email conversation I got the following:

 

Tom McClintock: "I will agree that the colors listed on your order form do not match the photos of the vehicle you sent me, although they *do* match the list of colors you sent me. If there was some confusion as to the breakdown of bodywork components, and what colors those bodywork components were to be, perhaps the duty lies in both our camps.

 

I would offer that a new FW bodywork rear section (less the rear arches and side panels which you wanted in black and are not at issue here) - in Yellow - be manufactured and shipped to you in San Francisco with both yourself and Manik Technologies equally splitting the cost of (a) bodywork, and (b) freight. Provided, however, that the currently undesirable black FW bodywork is repackaged in the to-be-delivered crate and made ready to be picked up by a shipper arranged by Manik for return to Manik, at Manik's cost."

 

There is no way in hell that I'm paying more to get what I'd originally ordered from Manik LLC, and as far as I'm concerned Tom is the one who's screwed up here and doesn't want to take any responsibility for it. I did try to contact Julian Turner at Westfield in the UK a few times, but to be honest it was pretty clear what his view was:

 

Julian Turner: "... I am not sure what I can do to add anything to this as this needs to be sorted between you and Manik – and Manik have been instructed to close the issue"

 

There were subsequently a variety of emails back and forth, but basically Tom has never even bothered to return my phone calls and voicemails or acknowledge our original conversation. The last communication I received from Tom stated that as far as he was concerned the issue was closed - "I believe you have now received all your other parts from Westfield, and are satisfied with those items. I will take your lack of response either way on the replacement bodywork as a rejection of what I would consider a fair offer."

 

I did retain a lawyer who wrote an initial letter a couple of months back, but that got no response. I thought I was covering myself by getting clarification in writing of what I would receive, but having paid in excess of $33,000 for this kit it seems that Manik LLC have no interest in resolving this and I'm left with the following options:

 

1) Start litigation, which will be expensive and time consuming

2) Ignore it, and build what I've been sent

3) Pay extra to get what I originally confirmed I would be receiving

4) Throw the whole thing in the trash

 

At the moment I'm proceeding with 2) and continuing to investigate 1). Given my after-sales experience (not even the courtesy of a single return phone call) there's no way I'm taking 3) and paying Manik LLC anything more.

 

I can't think that I have any other options, but I thought I'd post this and see whether anyone else had any suggestions. I don't really have any issue with Westfield in the UK (and as I say they've always been really helpful when I've contacted them, Mark in particular), as far as I'm concerned Tom confirmed that he knew exactly what I wanted and the issue lies between Manik LLC and myself.

 

Cheers

 

 

 

Paul

[Dommo]

Wow... can't offer much in the way of advice unfortunately, not really my field. Seems like a silly situation to be in given the obviousness and simplicity of it.

 

If a rear piece is $500 (I'm sure it isn't, but easier this way), and shipping $100, then you'd have to pay $300 and so would the distributor. But the distributor wants it back, presumably ready to use if a customer orders a black on in the future. Meaning the distributor charges the new customer $500 but doesn't have to buy the part from Westfield, so they're $200 up on the deal. That's not right.

[Captain Colonial]

PM sent

[Terry Everall]

Would it be possible to spray the offending panels/sections the correct colour?

[grahamf]

Or maybe apply a Vinyl wrap if you can get it colour matched.

 

If you do decide on 4, I can supply an appropriate trash can (otherwise known as my garage)  .

[Stevec33]

Surely it wouldnt be to difficult to get the wrong colour parts painted the right colour? it dosent sound like there is that much to do. As annoying as it must be for you i would think it should be by far the cheapest option. I really wouldn't bother going down the legal routeit will cost lots and you may struggle to get anywhere

[elrik]

Thanks for the responses. You're right, I could investigate respraying or vinyl wrap. I think if its a choice between leaving it as it is or respraying I'll probably just stick with the black - it just means my car is more black than I intended it to be! Sorry Graham, I'm doing everything I can to avoid option 4 

[Kit Car Electronics]

I think a black rear end would still look good, so personally I would probably try to get a black boot lid from Tom and move on with enjoying the build and the car, without letting the experience turn too sour. Easier to say than to do, I know, so good luck with whatever you decide...

[kimptos]

would be cheaper just to wrap the trunk lid . . .