BEWARE OF STRATMOSPHERE AND MILLTEK!
09-05-2008, 04:55 PM
#1
BEWARE OF STRATMOSPHERE AND MILLTEK!
VIA CERTIFIED MAIL 7007 1490 0003 8306 9937
RETURN RECEIPT REQUESTED
September 5, 2008
ROBERT HAMME
STRATMOSPHERE, INC.
7920 RAE BLVD
VICTOR, NEW YORK, 14564
RE: v. Roslindale Auto Service & Stratmosphere Inc.
Massachusetts G.L. c. 93A §9 Demand Letter
New York G.B.L s.349 and 350
Dear Mr. Hamme:
Please be advised that this is a formal demand letter pursuant to G.L. c. 93A, §9
regarding the misrepresentation and breach of contract as outlined below,and New York General Business Laws § 349 and 350. This letter should in no way be construed as exhaustive with respect to the allegations by me against you for your unfair and deceptive acts.
On or about March of this year, after reviewing the Audiworld advertisement postings by your staff, I purchased a "Milltek" brand exhaust from your dealer Roslindale Auto Service for my 2008 Audi S6. Your company is the sole importer and distributor, and sold the exhaust system to Roslindale Auto Service. I paid $2,911.55 for the exhaust and installation of it.
It was represented to me by your sales staff, and by your own advertising, that "Our products are direct replacements for the original systems and come with everything needed to fit them. There are some vehicles that may require different rear valances to be fitted to allow tailpipes to exit the rear bumper (e.g. VW Golf Mk4) but this will be made clear to you." This was not the case. Your exhaust system, for which you charge a substantial premium compared to others on the marketplace, and market it as a premium product of the highest quality level, did not fit the intended application.
The exhaust system is manufactured incorrectly, and interferes with the fuel evaporation line on the Audi S6. Your staff called Roslindale Auto and suggested that he "rework" the pipe to go around the fuel evaporation line, until a properly designed replacement was sent out. Roslindale Auto attempted to follow your suggestions. One to two months passed since a replacement arrived, and once it did, we discovered to our shock and dismay that the problem was not corrected, in fact, the bends were worse than before and interfered with the fuel evaporation line more directly. We re-installed the first defective exhaust.
Furthermore, because of the defect in the design of your system, the exhaust touches my plastic rear valance and has melted it. Roslindale Auto has attempted to adjust it, but there is limited adjustment. Similarly, the fuel evaporation line has been worn through to near breaking point.
I have sustained losses of at least $4,000 due to your actions, including the purchase and installation of your defective system, and the purchase and installation of a new rear valance and fuel evaporation line. These actions constitute a breach of contract, breach of warranty, misrepresentation, and false advertising. These unfair and deceptive practices constitute a violation of Massachusetts G.L. c. 93A, and the federal Magnusson-Moss Warranty Laws. Please be advised that G.L. c. 93A allows you 30 days to respond with a reasonable offer of settlement.
Please be further advised that you have violated New York general business laws section 349 and 350, which declare unfair business practices and False Advertising unlawful. New York law requires a response within five (5) business days.
According to both Massachusetts and New York law, we intend to pursue multiple damages and attorneys' fees incurred in conjunction with the prosecution of this action, and any other remedy available to us.
Please contact me at ______ to discuss a prompt resolution.
Very truly yours,
____
RETURN RECEIPT REQUESTED
September 5, 2008
ROBERT HAMME
STRATMOSPHERE, INC.
7920 RAE BLVD
VICTOR, NEW YORK, 14564
RE: v. Roslindale Auto Service & Stratmosphere Inc.
Massachusetts G.L. c. 93A §9 Demand Letter
New York G.B.L s.349 and 350
Dear Mr. Hamme:
Please be advised that this is a formal demand letter pursuant to G.L. c. 93A, §9
regarding the misrepresentation and breach of contract as outlined below,and New York General Business Laws § 349 and 350. This letter should in no way be construed as exhaustive with respect to the allegations by me against you for your unfair and deceptive acts.
On or about March of this year, after reviewing the Audiworld advertisement postings by your staff, I purchased a "Milltek" brand exhaust from your dealer Roslindale Auto Service for my 2008 Audi S6. Your company is the sole importer and distributor, and sold the exhaust system to Roslindale Auto Service. I paid $2,911.55 for the exhaust and installation of it.
It was represented to me by your sales staff, and by your own advertising, that "Our products are direct replacements for the original systems and come with everything needed to fit them. There are some vehicles that may require different rear valances to be fitted to allow tailpipes to exit the rear bumper (e.g. VW Golf Mk4) but this will be made clear to you." This was not the case. Your exhaust system, for which you charge a substantial premium compared to others on the marketplace, and market it as a premium product of the highest quality level, did not fit the intended application.
The exhaust system is manufactured incorrectly, and interferes with the fuel evaporation line on the Audi S6. Your staff called Roslindale Auto and suggested that he "rework" the pipe to go around the fuel evaporation line, until a properly designed replacement was sent out. Roslindale Auto attempted to follow your suggestions. One to two months passed since a replacement arrived, and once it did, we discovered to our shock and dismay that the problem was not corrected, in fact, the bends were worse than before and interfered with the fuel evaporation line more directly. We re-installed the first defective exhaust.
Furthermore, because of the defect in the design of your system, the exhaust touches my plastic rear valance and has melted it. Roslindale Auto has attempted to adjust it, but there is limited adjustment. Similarly, the fuel evaporation line has been worn through to near breaking point.
I have sustained losses of at least $4,000 due to your actions, including the purchase and installation of your defective system, and the purchase and installation of a new rear valance and fuel evaporation line. These actions constitute a breach of contract, breach of warranty, misrepresentation, and false advertising. These unfair and deceptive practices constitute a violation of Massachusetts G.L. c. 93A, and the federal Magnusson-Moss Warranty Laws. Please be advised that G.L. c. 93A allows you 30 days to respond with a reasonable offer of settlement.
Please be further advised that you have violated New York general business laws section 349 and 350, which declare unfair business practices and False Advertising unlawful. New York law requires a response within five (5) business days.
According to both Massachusetts and New York law, we intend to pursue multiple damages and attorneys' fees incurred in conjunction with the prosecution of this action, and any other remedy available to us.
Please contact me at ______ to discuss a prompt resolution.
Very truly yours,
____
09-06-2008, 02:26 AM
#6
I would be upset in your situation too, but, just out of curiosity.....
Did you try just simply calling them and asking for a refund and damage cost reimbursement. In my experience, I always try the non-antagonistic approach first. Just my $0.02.
09-06-2008, 02:33 AM
#7
Was this for downpipes? If so.....
there is nothing for them to do. Altered flow through an aftermarket cat can and often does trigger a CEL based on the application. It would be different if they advertised that you would not trigger a CEL, but they do not. The Fabspeed downpipes for my Porsche Cayenne, for instance, specifically states that it will not trigger a CEL. (And they haven't).
Please understand that I am by no means trying to justify false or misleading advertising, but tuning a car, especially one already tuned to near the ragged edge from the factory carries an inherent risk and will almost always decrease reliability. Why do you think it doesn't come this way from the factory. Occasionally, you will get something like the 2.7TT motor with a lot of reserve, but such cases are rare.
Anyway.....DP's on the RS4 do absolutely nothing powerwise anyway. No reason to get them.
Please understand that I am by no means trying to justify false or misleading advertising, but tuning a car, especially one already tuned to near the ragged edge from the factory carries an inherent risk and will almost always decrease reliability. Why do you think it doesn't come this way from the factory. Occasionally, you will get something like the 2.7TT motor with a lot of reserve, but such cases are rare.
Anyway.....DP's on the RS4 do absolutely nothing powerwise anyway. No reason to get them.
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09-06-2008, 07:14 AM
#10
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Thanks for your .02cents, but they stated that they were/are working
on a solution for the problem that they understand is quite common. 6 months later, they still have not done anything and say they're "working on it".
if they had said there is nothing they can do, fine, but they have been insisting there is a fix.
i'm just letting the audi community know the issues i am having with them and their "fix" for an expensive aftermarket product. they're great before your buy, but if there is ever a problem, they just slink away and try to be invisible. not great customer service IMO and everyone deserves to know.
if they had said there is nothing they can do, fine, but they have been insisting there is a fix.
i'm just letting the audi community know the issues i am having with them and their "fix" for an expensive aftermarket product. they're great before your buy, but if there is ever a problem, they just slink away and try to be invisible. not great customer service IMO and everyone deserves to know.