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      12-12-2014, 04:23 PM   #177
chaswyck1
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Quote:
Originally Posted by tke743 View Post
Yes it meets all four, but there also have to be damages.

As the only one here who has posted anything that shows actual damages, and with me having no intent to pull the lawyer card, can we drop that topic?
The question was, was there a contract. Yes, there was a contract. Damages are a separate issue. It's entirely possible to win a breach of contract suit and not be awarded any damages. With that...I'm done.
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      12-12-2014, 04:58 PM   #178
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Originally Posted by Lazee 1 View Post
I am almost certain a business like this would have their own TOS which would make the damages claim irrelevant.
This x1000000000

Lol @ the me being ignorant comment. I can see both sides of this story yet the other guy (one who wants to go legal) can't seem to grasp that he has nothing.

It's all about compromise.. Yet all he wants to do is take and not give/budge.
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      12-12-2014, 05:12 PM   #179
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Originally Posted by kd0t View Post
This x1000000000

Lol @ the me being ignorant comment. I can see both sides of this story yet the other guy (one who wants to go legal) can't seem to grasp that he has nothing.

It's all about compromise.. Yet all he wants to do is take and not give/budge.
Funny thing is hearing that someone wants to sue when no money was exchanged. A credit card authorization is not a charge or payment. Most likely the authorization dropped off so there was never an exchange of money to begin with. There was an initial agreement and when one couldn't fulfill their end, they didn't take the money. Zero claim for anything.
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      12-12-2014, 06:48 PM   #180
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Originally Posted by five3three View Post
Funny thing is hearing that someone wants to sue when no money was exchanged. A credit card authorization is not a charge or payment. Most likely the authorization dropped off so there was never an exchange of money to begin with. There was an initial agreement and when one couldn't fulfill their end, they didn't take the money. Zero claim for anything.
You have a good point
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      12-12-2014, 08:36 PM   #181
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Originally Posted by kd0t View Post
Wow.. I am beyond speechless at what you're saying right now.

My point is Leith could've said that and you guys would all be shit outta luck. But instead they manned up, admitted their mistake and tried to offer a lesser discount to try to make you happy. And yet you want to go legal just because you didn't get your MPE? Go ask Santa for your parts.

Yes I will agree the discount is not enough and vendors on 2addicts can easily beat it.. So take your business to them.

You guys disgust me in every single way. If I were Leith, I would be jumping in joy that you are avoiding my dealership. You are no better than the kids that waste time at dealership with test drives and tire kicking.
Manning up would be honoring the sale or offering to at the very least match the SUN motors price, because we are not stupid enough to believe that SUN doesn't make any money on those sales. So Leith has by no means "manned up". Also you should mind your own business if you don't have anything at stake in this argument. We can all see the dealership's side and how it really sucks for them, but they are corporate, they are BMW, and when they make a mistake they need to man up and make it right.
Now let me enlighten you and anyone else as to the legal argument one would have. There is clearly a contract because the dealership offerred the sale and we/I accepted it (writing only required when over one year, so this is clearly an implied contract). It clearly did not apply to only lifestyle items because some have already received M parts and they had no problem immediately shipping out one part of my order which was dependent on my M difuser order. So BMW breached the contract when they did not perform, they gave money back for the items that they didn't feel like honoring. From a legal standpoint, however, just giving the money back doesn't necessarily solve the problem. So here are my damages: The difference in price I could have purchased from another dealer plus (reliance= money spent or lost as a result of relying on BMWs offer) cost of shipping the useless parts to and from my house (actual damages). These are called reliance damages, that means because I relied on BMWs promise to send me a diffuser and so I also got the exhaust extension kit. Obviously pursuing this sort of case over a couple hundred dollars would be ridiculous, but you are ignorant to think that BMW did not screw up both legally and ethically.
It is beyond shady business to send me the extension kit without the difuser. I have to ship this nonsense back to them, which is an inconvenience, especially after I emailed trying to cancel the whole order as soon as I found out that the diffuser would not be honored. In addition it offers compelling evidence that the sale was not meant for lifestyle items only. This dealership is obviously run by scum bags top to bottom and although I understand this was a huge screwup, offering 15% off is laughable. I got the saddest voicemail from John today inviting me to call him back to yell at him in the morning. I know it is not his fault and I don't want to yell at him, but this is just pathetic, there was no reason for them to string me along the past couple weeks promising to fulfill my order when they never intended to do anything at all. Also I was promised free paint from my dealership before my car is finished in repairs, but don't think I'll get one by then. So excuse me for being annoyed with them
It's just ugly and the only thing worse are the people who are standing up for this stealership and especially those who have had their orders fulfilled. You all keep saying they manned up, but they did the exact opposite and told us to fuck off.
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      12-12-2014, 08:49 PM   #182
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Leith is not BMW. Every dealer except for a handful around the world are all independent businesses owned in no way by BMW AG, BMW NA or any other wholly owned subsidiary of BMW Group. What they do with their parts is on them, not BMW.
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      12-12-2014, 09:24 PM   #183
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Quote:
Originally Posted by mmmmm235i View Post


Manning up would be honoring the sale or offering to at the very least match the SUN motors price, because we are not stupid enough to believe that SUN doesn't make any money on those sales. So Leith has by no means "manned up". Also you should mind your own business if you don't have anything at stake in this argument. We can all see the dealership's side and how it really sucks for them, but they are corporate, they are BMW, and when they make a mistake they need to man up and make it right.
Now let me enlighten you and anyone else as to the legal argument one would have. There is clearly a contract because the dealership offerred the sale and we/I accepted it (writing only required when over one year, so this is clearly an implied contract). It clearly did not apply to only lifestyle items because some have already received M parts and they had no problem immediately shipping out one part of my order which was dependent on my M difuser order. So BMW breached the contract when they did not perform, they gave money back for the items that they didn't feel like honoring. From a legal standpoint, however, just giving the money back doesn't necessarily solve the problem. So here are my damages: The difference in price I could have purchased from another dealer plus (reliance= money spent or lost as a result of relying on BMWs offer) cost of shipping the useless parts to and from my house (actual damages). These are called reliance damages, that means because I relied on BMWs promise to send me a diffuser and so I also got the exhaust extension kit. Obviously pursuing this sort of case over a couple hundred dollars would be ridiculous, but you are ignorant to think that BMW did not screw up both legally and ethically.
It is beyond shady business to send me the extension kit without the difuser. I have to ship this nonsense back to them, which is an inconvenience, especially after I emailed trying to cancel the whole order as soon as I found out that the diffuser would not be honored. In addition it offers compelling evidence that the sale was not meant for lifestyle items only. This dealership is obviously run by scum bags top to bottom and although I understand this was a huge screwup, offering 15% off is laughable. I got the saddest voicemail from John today inviting me to call him back to yell at him in the morning. I know it is not his fault and I don't want to yell at him, but this is just pathetic, there was no reason for them to string me along the past couple weeks promising to fulfill my order when they never intended to do anything at all. Also I was promised free paint from my dealership before my car is finished in repairs, but don't think I'll get one by then. So excuse me for being annoyed with them
It's just ugly and the only thing worse are the people who are standing up for this stealership and especially those who have had their orders fulfilled. You all keep saying they manned up, but they did the exact opposite and told us to fuck off.
You're the greatest. I hope everything works out for you.
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      12-13-2014, 05:50 AM   #184
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What up whiners & bitchers

Just so i can get "my" bitching out of the way...they just cancelled two more of my orders so I have one to go

Anyway we all got our hopes up for this holiday score and it was......too go to be true. I have only seen one person say they received "M" parts and I think that was the OP who ordered before he passed the deal onto us....unless I missed one in the uber goofy thread. Anyway Sun seems the way to go and after I evaluate my xmas budget I will put in an order......can't get it all at less than %50 off, will have to decide what I really want. Or look at affordable options

Poor John, poor us.....onto the next one

On a separate note.....is there a direct e-mail contact to Brian for parts quotes or do you guys just go thru the website/call?

Last edited by horsepower_and_hounds; 12-13-2014 at 07:57 AM..
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      12-13-2014, 10:37 AM   #185
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Quote:
Originally Posted by ehagerty View Post
What up whiners & bitchers

Just so i can get "my" bitching out of the way...they just cancelled two more of my orders so I have one to go

Anyway we all got our hopes up for this holiday score and it was......too go to be true. I have only seen one person say they received "M" parts and I think that was the OP who ordered before he passed the deal onto us....unless I missed one in the uber goofy thread. Anyway Sun seems the way to go and after I evaluate my xmas budget I will put in an order......can't get it all at less than %50 off, will have to decide what I really want. Or look at affordable options

Poor John, poor us.....onto the next one

On a separate note.....is there a direct e-mail contact to Brian for parts quotes or do you guys just go thru the website/call?
Contact info here: http://www.shopbmwusa.com/HELP/CONTACT/?CenterId=26700
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      12-13-2014, 11:09 AM   #186
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Quote:
Originally Posted by ehagerty View Post
What up whiners & bitchers

Just so i can get "my" bitching out of the way...they just cancelled two more of my orders so I have one to go

Anyway we all got our hopes up for this holiday score and it was......too go to be true. I have only seen one person say they received "M" parts and I think that was the OP who ordered before he passed the deal onto us....unless I missed one in the uber goofy thread. Anyway Sun seems the way to go and after I evaluate my xmas budget I will put in an order......can't get it all at less than %50 off, will have to decide what I really want. Or look at affordable options

Poor John, poor us.....onto the next one

On a separate note.....is there a direct e-mail contact to Brian for parts quotes or do you guys just go thru the website/call?
What you are missing is that had this not gone viral on the forums, my contact at Leith says all the local orders would have probably been honored.
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      12-13-2014, 12:41 PM   #187
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Quote:
Originally Posted by ehagerty
What up whiners & bitchers

Just so i can get "my" bitching out of the way...they just cancelled two more of my orders so I have one to go

Anyway we all got our hopes up for this holiday score and it was......too go to be true. I have only seen one person say they received "M" parts and I think that was the OP who ordered before he passed the deal onto us....unless I missed one in the uber goofy thread. Anyway Sun seems the way to go and after I evaluate my xmas budget I will put in an order......can't get it all at less than %50 off, will have to decide what I really want. Or look at affordable options

Poor John, poor us.....onto the next one

On a separate note.....is there a direct e-mail contact to Brian for parts quotes or do you guys just go thru the website/call?
I just called and asked for Brian. Real easy guy to deal with.
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      12-13-2014, 01:12 PM   #188
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Originally Posted by YOLO89 View Post
I just called and asked for Brian. Real easy guy to deal with.
Brian at Sun Motors is awesome! Between low prices and Brian, Sun is the place to buy your parts.
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      12-13-2014, 03:16 PM   #189
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Thanks everybody...I shot him an email with my list
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