Through the end of the day we will be issuing returns of funds for the URAL Group Buy.
After what I feel is pretty ridiculous I feel it is in everyone’s best interest to move away from this.
Reasons.
Initial Expressed Terms :
Warranty through AAC. It was expressed via e-mail to me the URAL's would be replaced if a problem through e-mail at the expense of AAC. This was confirmed via e-mail 1/30/2006.
We insured that the items were in stock for immediate shipment upon end of group buy estimating it would take roughly 1 week to arrive in transit after shipment as the one I personally purchased did. This was confirmed as of 1/30/2006.
This were major issues to offering the product for group buy. So we went forward with it after evaluating our own product.
Issues which are giant red flags for us.
1. Orders were put in on the 1st. No problem. We did not even receive confirmation on the reception of the order until the 6th. This was forwarded 3 times before I received a response.
2. Invoice for payment was requested on the 1st. First thing I got resembling a invoice was yesterday stating a total finally. This total being larger than the estimated shipping total. This is not that big of a deal but shipping estimates changing in the tune of 18% seems strange. UPS doesn't change fee's 18% inside of 60 days. This isn't a huge deal. It is however something that seemed odd.
3. Finally the total was delivered on 3/16 blaming Russian export procedures. Keep in mind this whole process took only a few days previously. Either 1. someone isn't doing their job or 2. We could potentially be waiting a undetermined amount of time for the product. Option #2 is not a option currently as expressed delivery was inside of the month.
With the total delivered was a contract. To say this contract makes me nervous is a understatement. Included in this contract are the following clauses and problems.
There's two halves to the contract. One in Russian. One in English. I can't read Russian and no one else here can. I'm not going to sign something I can't read. This is apparently translated but what is translated correctly and or poorly. There are a few errors in the manual. What if there is a error here? Well. The error could result in any number of things like us never getting the decks, there being no warranty, and us getting the wrong pieces.
"Delivery date of the goods not later than April 30, 2006"
"Terms of contract until 31, March, 2002"
It seem odd to you that the contract expires before it's signed meaning nothing at all in the contract is at legal or valid?
"Seller has the right to demand defective goods back. The delivery and return of the defective goods are to be paid by the seller within ten days from the date of the buyers order"
So not only do you not get a replacement. But you can't even get it fixed unless you send it back within 10 days of it being shipped from the date of order. It's already been in excess of 10 days. Unless we go by the contract date. Assuming it takes another 16 days to ship. it'll be expired by the time it arrives and you'll still be responsible for the shipping costs. By this they can demand they get product back, at your cost, and you get nothing in return. This is a bit the opposite of that expressed via e-mail before the group buy.
"In case of any delay in delivery of the goods as compared with the time stipulated in the contract, the seller shall pay to the buyer penalty at the rate of 0,1 (one tenth) percent of the value of nondelivered goods for every commenced day but not more than 40 (forty) percents of the value of goods which were not delivered in time."
So essentially since the contract is expired by a few years BEFORE IT'S SIGNED you also get stuck with only 40% of your money back in the event the product never arrives at all.
My favorite. It makes sense but it's still my favorite.
"In case of impossibility to set the situation by negotiations all disputes and difference are to be referred for settlement without recourses to the courts of law, to the Foreign Trade Arbitration commission at the Russian Chamber of Commerce and Industry"
So after I sign this contract that makes no sense. That doesn't require the seller to deliver the product at all that if it even wasn't expired would only entitle me and my customers to a 40% refund on the goods sold. I'd get to go to Russia on top of that to spend more money to win an un-winnable argument.
I have no reason to believe AAC would do any of things like not deliver the product or send defective product but if they did or anything happens. No one has any right to any warranty work despite what was expressed to me and given the fact the contract has clear as day differences with communication with me prior to the delivery of the contract regarding the same situations. It seems like a really stupid thing to move forward.
The things that made this group buy tick were the warranty expression of the manufacture that if a problem arose a replacement would be sent by them and the expedited process of shipping.
Now that this has already taken so long. There are no guarantee’s of delivery and no guarantee of warranty or service at all in the contract I'm required to sign to get the goods it's a bad idea to move forward.
Customers orders will be cancelled and refunded today. Money has been sitting in ESCROW at the bank waiting to be transferred to their accounts until I pulled it out of that account about 20 minutes ago to return it to customers.
Someone else may have better luck with this unit and I believe it's a great unit. On the other hand I'm not putting my ass and my name on the line for a company who I don't have ownership in, didn't do engineering with, and don't have any recourse to hold them responsible for anything. I’ve been burned in the past putting too much faith in vendors and I refuse to do it these days. It’s not worth the time and the BS that will come back to us in the event of a mix-up.
Now that the things that have held the group buy together have changed I do not believe weeks of e-mail are going to fix these items and it would just mean more waiting. Since my e-mails normally go un-answered for a few days at a time or more I have no desire to drag this into next week.
When holding a group buy it's our responsibility to do what is best for our clients. In this instance I do not believe it is in anyone’s best interest to move forward.
The contract I’m being asked to sign has already expired. The information expressed to me has been changed. I can’t in my right mind move forward and put myself and employee’s on the line when I’m being asked to waive my clients right to warranty based on a contract that makes zero sense to me when it’s already taken too long to get this done. We discussed this inside the office and the decision is unanimous that the orders need to be canceled.
It has not gone this way for whatever reason. Refunds will be sent to customers over the period of today. Depending on your CC company funds may not show up immediately and may take 2-3 days to process. If this is a concern to you please call Elemental Designs at 319.665.6350.
I'm sorry I couldn't pull through this one for you guys. To get the product I've been given this contract which does not represent any positive result for any problems that could arise and legal 'OUT' in the event a problem occurs for someone else. I have no major reason to believe major issues would arise but if they do. We're all screwed. I'm not going to be responsible for that.
A good product and hopefully someone in the future will have more success bringing it into the US than me.
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