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RE: Friend or Foe?

To: "'Mike Brinker'" <Mike.Brinker@mfasco.com>, triumphs@Autox.Team.Net
Subject: RE: Friend or Foe?
From: Jim Hill <Jim_Hill@chsra.wisc.edu>
Date: Tue, 18 Aug 1998 13:40:09 -0500
On Monday, August 17, Mike Brinker [SMTP:Mike.Brinker@mfasco.com] wrote:

> I brought my existing Trans and the recently purchased J-type with
> all necessary conversion parts . . . to a company I have been doing
> business with for years . . .  and they rebuilt the Trans and
overdrive unit.

> . . . The work was completed and I installed the Trans with its new 
> overdrive . . . Every once in a while (while cornering or stopping
> quick) there is a noise from just in front of the overdrive like
someone
> threw in a pebble.

> . . . The shop wants me to take the unit apart. Here is the catch.  
> They are going to charge me $180 to remove and refit the
> trans.

The only (reasonable and effective) way of determining whether a rebuilt

transmission is going to function properly is to put it in the car and
try it out. 
When your shop did the work and took your money, they _knew_ that you 
were going to install the transmission and they also knew that it would
have 
to be removed & refitted if they'd screwed up the rebuilding. 

Legal damages in a contract case are designed to put the aggrieved party

(you) in the position you'd have been in if the work had been done
properly, 
including reasonably foreseeable consequential expenses like this. Seems

to me that they've got to remove, fix and reinstall at their expense.

Of course I'm biased, because I find myself in the exact same situation 
(newly overhauled TR6 transmission slips out of 3rd gear as soon as you 
take your foot off the gas). I'll let you know how the dispute comes out
. . .

Jim Hill
Madison WI


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