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Old 07-28-2011, 03:14 AM
 
Location: Chicago
38,691 posts, read 86,869,750 times
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This 5-year-old useless thread suddenly became freaking awesome.
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Old 07-28-2011, 09:40 AM
 
14,777 posts, read 34,544,673 times
Reputation: 14279
Quote:
JR continues to attempt to justify his actions by his "warranty" that is difficult to find on his web site but basically says he is not responsible for anything. This is not a warranty issue. He shipped the wrong transmission. I ordered a transmission for 1997 Jeep Grand Cherokee, 2 wheel drive, 4.0 liter engine. He sent me a transmission for an older Jeep Grand Cherokee with 4 wheel drive. On 4 wheel drive Jeeps the electronic speedometer take-off is mounted on the transfer case; for my application, it is mounted on the tail section of the transmission. The transmission JR sent me was lacking the speedometer take-off. JR wanted me to return the transmission at my expense so he could change out the tail section and then have me pay for shipping it back. This would have cost me around $500, based on the best quote I could get, possibly more, to ship a transmission from California to New Jersey and back. I asked him to send me the correct tail section and I would change it but he refused saying that the transmission had to be disassembled to change the tail section. I don't know if that is a true statement or not.
This sounds like the impetus of the entire issue. There was a transmission ordered and a part was sent. You are claiming that it was the wrong transmission and want the proper tail section. The business owner believes that they shipped what was ordered. In this case I can see asking you to pay to ship the transmission back was justified. If you had conclusive proof that they didn't ship what was ordered then once confirmed the business should reimburse for shipping. Something got screwed up somewhere when this part was ordered, maybe it was their fault, maybe it wasn't.

As for replacing the tail section, yes that would require disassembly to do.

Quote:
Additionally, the transmission he sent was missing the rear oil seal, something I hadn't noticed at the time. I am now beginning to question whether this transmission was ever rebuilt. When I get back to California, I'm going to have it analyzed by a reputable transmission repair shop. Of course, according to JR's warranty this will make the warranty null and void because removing the inspection plate violates the terms of the warranty (guess he doesn't want anyone to see his work). While I'm on this subject, despite large block letters on his web site that says "No core charge", his warranty states that unless you return the core (at your expense) the warranty is null and void.
Missing the rear oil seal would be a defect in workmanship and cause to return the part. Again, that cost would be paid by the customer until it was proven.

As for removing the inspection plate that will void the warranty on any rebuilt/remanned unit. Once you open up the internals, they will no longer warranty it. Same thing for OEM warranties if the plate is removed by anyone but a certified dealer.

The "no core charge" is a valid statement. Everyone wants the cores back, that's how their business functions. Most will charge you the core fee upfront and then refund it when you return the core. Others will accept simply holding your credit card information or check and not process the charge as long as the core is returned. TRT's policy is actually very lax by not charging money for the core, instead tieing it to the warranty. NO ONE pays for core return shipping, that is always on the customer.

Quote:
My point being is that his entire warranty seems to be geared towards supporting a fraudulent operation with statements like he is not responsible for shipping the wrong transmission. Also, this warranty doesn't apply if you live within a reasonable driving distance to Tom Rivers.
The way it reads is that he is responsible for shipping what was ordered. If that turns out to be the wrong transmission, that's not his problem. Warranties in the reman/rebuilt parts world are VERY exclusionary.

Quote:
I have asked my lawyer about JR's statement that the Judge said telephonic testimony is illegal in New Jersey. I will post his reply when I receive it.
Testifying by telephone in NJ is not illegal, but is decided on a case-by-case basis and is an incredibly rare thing to have approved for all the reasons cited by the attorney in this case. There is no way to prove that the person on the other end of the phone is indeed the correct person. Additionally, attorney's have often succesfully claimed that not having the other person present deprives them of the ability to effectively cross examine the witness.

Source: Pay phone testimony at issue for top court | The Asbury Park Press | APP.com

While this case is VERY different, it lays out the arguments for and against such testimony and shows it is not illegal, but decided on a case-by-case basis and the judge would need to choose to allow it. It sounds like if anyone says it's unacceptable, it isn't going to happen.

Quote:
Regarding some of the other comments:
Yes, I agree that negative posts can be very damaging and maybe the posts are a very small percentage of the total business and we don't know how much overall business Toms River Transmissions does and how much of it is done over the internet. However, having been a small business owner myself, it is incumbent upon any business to deal satisfactorily with customer complaints even if you believe the customer is wrong. In my case, the transmission went out while I was visiting my son in the Bay area and I needed a transmission to get back home. I offered to ship the transmission back at my expense if JR would refund my money. He would have been out the shipping costs which he told my lawyer were only $125 (1 way) because he gets a deep discount (something he never mentioned to me when he was saying I was responsible for the shipping costs involved in getting the correct transmission). If he does so much business, he certainly could have resold the transmission. It seemed as though he didn't want the transmission. Heck, if he had told me he could get it shipped back for $125, I would have reimbursed him his shipping costs since I was willing to pay $250 to ship it back to him. It would have cost JR at most $125 (or nothing if he had told me he could get a good rate on shipping) to satisfy me and I would have never gone looking on the internet to see if other people had a similar experience or if I was an exception. Considering that only a fraction of people who get ripped off have the time and ability to post comments, I think it is reasonable to conclude that JR is not someone to do business with.
This sounds reasonable and if I was the business owner is the route I would have taken. You're not happy, ship it back to me and I will refund the money after confirming that the part I received back is in fact the good part I shipped out.

FWIW, many of these types of shops do not have return policies, simply exchange policies and if they do allow returns it is minus a hefty restocking fee and only allowed within a certain timeframe or under certain circumstances. The $125 shipping fee sounds about right as most of these places charge a simple flat shipping fee instead of calculating the shipping fee on each transaction.

The company American Carz that you purchased from does allow returns as long as they are done within 14 days of receipt and the buyer pays return shipping. They do not post these details on their site, but their E-Bay adds detail the return policy, which isn't exactly generous:

Quote:
CANCELLATIONS PRIOR TO SHIPPING WILL BE CHARGED A 20% RESTOCKING FEE. CANCELLATIONS AFTER SHIPPING HAS BEEN MADE WILL BE CHARGED A 20% RESTOCKING FEE ALONG WITH THE ROUND TRIP SHIPPING FEE. NO REFUNDS WILL BE MADE AFTER TRANSMISSION HAS BEEN INSTALLED OR 14 DAYS HAVE PASSED SINCE TRANSMISSION WAS RECEIVED BY CUSTOMER. TRANSMISSION EXCHANGES ONLY IN THESE CASES AND ONLY IF APPROVED BY MANAGEMENT.


Their policy is pretty tight and I would consider it standard for the industry.

Quote:
It cost $1000, the same as what JR charged and they paid for the shipping including the return of the old transmission (yes, Airizona is a lot closer to California than New Jersey. There was a core charge of $300 but they would not bill it to my credit card (yes, they accept credit cards) if they received the core back within a reasonable time.
According to their website they charge a flat fee of $145 for shipping on all orders to businesses and $195 to residences. Additionally, they clearly state that return shipping for the core is the responsibility of the customer. The core charge process is normal.

Policies - AmericanCarz Your #1 Source for Wholesale Auto Parts and Transmissions
Quote:
All shipments to residential or commercial locations within the Continental United States, are covered under standard shipping fees. The buyer is responsible for the shipping charge to return the core. Our flat rate, one-way shipping charge is $145.00 to or from a business. Residential pick-ups or deliveries will be charged an additional $50.00. We ship world-wide and all international deliveries will be shipped to the buyer’s closest international airport. We will need your international country code for the United States.
Now, their E-Bay add reads a little different and states that they include the return shipping at their flat rate price with the order, so you ARE paying return core shipping, they just bundle it with the deal.
[SIZE=4][/SIZE]
[SIZE=4]
Quote:
[SIZE=4]We will include the discounted shipping rate to send it to us when you place your order so you don’t have to worry about outrageous shipping costs.[/SIZE]
[/SIZE]

Additionally they expect that the core return is acceptable and define that as no external damage such as a cracked case and the transmission is assembled. This is actually pretty good as some companies do charge for internal damages.

Quote:
Their warranty was straight forward and also covered the cost of removal and replacement (up to a certain number of hours) if something did go wrong with the transmission.
Their warranty is not posted on their site in full in any location. All they specify is this:

AmericanCarz Your #1 Source for Wholesale Auto Parts and Transmissions
Quote:
Domestic transmissions come with a standard 24 month, unlimited mile warranty. Foreign transmissions come with a standard 18 month, unlimited mile warranty. AmericanCarz offers extended warranties which cover the labor to remove the defective transmission and install the replacement. Round-trip shipping is also included.
Reading that, they offer an extended warranty that you can buy that will cover the costs of labor to remove/install and return their defective product. That is not standard, that is additional coverage you can buy. Their standard warranty does not include any of that.

On their E-Bay adds they go into more detail and they have one major caveat to their warranty. You MUST use a torque converter supplied by them and that is an additional charge on top of the transmission itself. Failure to use a torque converter that they supply voids the warranty. They post nothing else regarding exclusions or limitations and request that you call for more detail.

****

I only went into all that, because you challenged the validity of my argument that TRT's policies are somehow not industry standard. In fact, they are and aren't all that different from the company you ordered from whose praises you are singing.

I have no skin in this game, other than the fact I get the strong impression you are going overboard on a sour deal and the owner stuck to the letter of their policies, of which you were fully aware prior to making the purchase. The fact that you posted as if the company you purchased the other trans from had such better policies and dealings without providing all the facts is evidence in my mind that you are trying to spin the story a bit.
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Old 07-28-2011, 03:43 PM
 
6 posts, read 9,684 times
Reputation: 19
Default Response to NJGOAT latest post

I appreciate you taking the time to respond to my post. I agree with your statement regarding the impetus of the entire issue. The facts are that the invoice I received from JR clearly states the order was for a 1997 Jeep Grand Cherokee, 2 wheel drive, 4.0 liter engine. Jeep manuals very clearly state that my vehicle required the tail assembly with the speedometer take-off. I sent JR pictures of the transmission in my car and his response was that some one has installed the wrong transmission in my car; this is the same response he gave to the person that he sent a different make of transmission to (pardon that I forgot the details but I believe they are in the thread above). Hence, it is impossible to state that JR didn't know that he had shipped the wrong transmission and he should have taken responsibility for the mistake.

The oil seal issue wasn't involved in the dispute because I didn't realize it until much later. However a picture would have been ample proof that the oil seal was missing. You seem to imply that the customer needs to be responsible for the return no matter how obvious that JR made a mistake. Review the post by the guy that paid to return a defective/incorrect transmission and JR claimed he never received it. The guy was out the money he paid JR and the cost of shipping.

Thanks for the clarification on tail section swapping; as an engineer I find it strange that swapping a tail section would necessitate disassembling the transmission but I suppose Detroit has done worse.

Also I am obviously unaware that removing an inspection plate voids warranties but that isn't an issue here. The return of an incorrectly sent transmission is not a warranty issue and yet JR constantly referred to his warranty as the reason he was not responsible, as he has done with other people he has cheated.

I really take exception to your statement about core charge. JR never told me I was to return the core. It was only much later when I began to do research for the law suit that I accidentally came across his warranty when I inadvertently clicked on the word warranty on his web page. What's more when I inquired about the warranty when I placed the order he said it was 24 months and never referred me to his web page for details.

Regarding your statement referring to his warranty:

"The way it reads is that he is responsible for shipping what was ordered. If that turns out to be the wrong transmission, that's not his problem. Warranties in the reman/rebuilt parts world are VERY exclusionary."

That is not what it says, here is a cut and paste:
[SIZE=3]Under NO circumstances are we responsible for shipping costs for any reason .. NO EXCEPTIONS.
We are not responsible for removal or installation cost, towing charges, down time of vehicle, nor are we responsible for different speedometer gears, linkage connections, cooling line connectors, safety neutral connectors, cable connectors or shipping errors of the correct transmission for your vehicle.
Delivery of wrong transmission or parts is included and Transmission Specialist will not be held responsible for any charges or fees in sending correct transmission or parts to customer. We do not exchange transmissions.
[/SIZE]

I have not heard back from my attorney so I appreciate the reference. I do fault my attorney for not seeming to be aware that it was extremely rare; he did say it was on a case by case basis and there needed to be a valid objection. However, my point is that once again JR makes a false and misleading statement in the post above where he says the Judge told my attorney telephonic testimony is illegal in New Jersey and cited a reference case. On the other hand I do hope that JR is being truthful because that would give me grounds for having the Judge's dismissal of the case overturned and remanded back to small claims court for trial.

After quoting my paragraph on "Regarding some of the other comments:"
you say "This sounds reasonable" but I don't think you are referring to my last sentence in the paragraph. I think the main point here is that JR never said ship it back and if we sent the wrong part we will return your money and the shipping costs. He put the onus on me, nor did he ever say, I can probably get a better shipping rate so I will arrange the shipping; and based on the experiences of people that did return the transmission, I don't think he would have ever owned up to the problem.

Yes, you did go into a lot of detail on American Carz policy. I can't possibly see how you concluded that their policies and JR's policies are similar. Since you documented everything so well, I'm content to leave it to the other readers to decide for themselves. I don't know if I'm singing praises to American Carz but I am contrasting my experience with them as compared to TRT. They were first class all the way. Yes, they did recommend I buy a torque convertor (about $150) based on the failure mode they asked me to describe to them saying that there was probably a large amount of debris trapped inside the torque convertor that would get back into the new transmission. I did buy it so maybe I got a better warranty but I don't recall them saying there was no warranty if I didn't. Remember, I am not an automotive expert; I can turn a wrench if I have to and there didn't seem to be any reasonable alternative if I wanted to get back o Southern California with my Jeep. I'm thankful they suggested the torque convertor because when I drained the old transmission, there was a large amount of debris. They "paid" the shipping charges for the return of the core, but obviously all shipping charges are eventually folded into the total price. My point is that they took care of the shipping both ways providing the lowest shipping cost to me and eliminating all the hassle. With JR I had to drive to the shipping terminal in Oakland to pick the transmission up because JR wouldn't ship it to my son's home. Along with the invoice they e-mailed a written copy of their warranty and it didn't say I was on the hook for all shipping charges even if they sent the wrong part. Their warranty includes parts and labor and did include re-reimbursement for removal and replacement cost up to some limit of man hours. I don't think I'm spinning anything; I was primarily responding to some one else's post (I think it wasn't yours) to demonstrate that you can get a quality transmission, with good service, without paying an excessive amount. I suppose someone could argue that it isn't a fair comparison because I didn't have a problem with American Carz so I don't know how they would have reacted if there were a problem. My subjective opinion is that they would have made it right.

Finally, I object to your statement that I am unhappy because the deal went sour and TRT stuck to their written policies of which I was aware. You are confusing policies with warranty. If JR clearly stated on his web site that it was his policy not to fix any problem of his making, I, nor I suspect no one else, would ever buy anything from him. Shipping the wrong transmission is not a warranty issue; it is an issue of business, shipping the wrong transmission and refusing to resolve the problem is an issue of fraud.

Anyway, as I said, I do appreciate you taking the time to respond. I think it is helpful to anyone contemplating replacing a transmission AND we seem to be entertaining Drover.
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Old 07-28-2011, 06:10 PM
 
Location: Brawndo-Thirst-Mutilator-Nation
15,227 posts, read 15,242,866 times
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Quote:
Originally Posted by SpringMart View Post
JR continues to attempt to justify his actions by his "warranty" that is difficult to find on his web site but basically says he is not responsible for anything. This is not a warranty issue. He shipped the wrong transmission. I ordered a transmission for 1997 Jeep Grand Cherokee, 2 wheel drive, 4.0 liter engine. He sent me a transmission for an older Jeep Grand Cherokee with 4 wheel drive. On 4 wheel drive Jeeps the electronic speedometer take-off is mounted on the transfer case; for my application, it is mounted on the tail section of the transmission. The transmission JR sent me was lacking the speedometer take-off. JR wanted me to return the transmission at my expense so he could change out the tail section and then have me pay for shipping it back. This would have cost me around $500, based on the best quote I could get, possibly more, to ship a transmission from California to New Jersey and back. I asked him to send me the correct tail section and I would change it but he refused saying that the transmission had to be disassembled to change the tail section. I don't know if that is a true statement or not.

Additionally, the transmission he sent was missing the rear oil seal, something I hadn't noticed at the time. I am now beginning to question whether this transmission was ever rebuilt. When I get back to California, I'm going to have it analyzed by a reputable transmission repair shop. Of course, according to JR's warranty this will make the warranty null and void because removing the inspection plate violates the terms of the warranty (guess he doesn't want anyone to see his work). While I'm on this subject, despite large block letters on his web site that says "No core charge", his warranty states that unless you return the core (at your expense) the warranty is null and void.

My point being is that his entire warranty seems to be geared towards supporting a fraudulent operation with statements like he is not responsible for shipping the wrong transmission. Also, this warranty doesn't apply if you live within a reasonable driving distance to Tom Rivers.

I have asked my lawyer about JR's statement that the Judge said telephonic testimony is illegal in New Jersey. I will post his reply when I receive it.

Regarding some of the other comments:
Yes, I agree that negative posts can be very damaging and maybe the posts are a very small percentage of the total business and we don't know how much overall business Toms River Transmissions does and how much of it is done over the internet. However, having been a small business owner myself, it is incumbent upon any business to deal satisfactorily with customer complaints even if you believe the customer is wrong. In my case, the transmission went out while I was visiting my son in the Bay area and I needed a transmission to get back home. I offered to ship the transmission back at my expense if JR would refund my money. He would have been out the shipping costs which he told my lawyer were only $125 (1 way) because he gets a deep discount (something he never mentioned to me when he was saying I was responsible for the shipping costs involved in getting the correct transmission). If he does so much business, he certainly could have resold the transmission. It seemed as though he didn't want the transmission. Heck, if he had told me he could get it shipped back for $125, I would have reimbursed him his shipping costs since I was willing to pay $250 to ship it back to him. It would have cost JR at most $125 (or nothing if he had told me he could get a good rate on shipping) to satisfy me and I would have never gone looking on the internet to see if other people had a similar experience or if I was an exception. Considering that only a fraction of people who get ripped off have the time and ability to post comments, I think it is reasonable to conclude that JR is not someone to do business with.

Finally, with regards to economically replacing transmissions and NJGOAT comments about the transmission business in general, I got my transmission at American Carz, an outfit based in Phoenix, AZ. Unfortunately they don't come up on Google when you look for transmissions. The transmission was re-manufactured, not just rebuilt. It arrived about 5 days after I ordered it. It cost $1000, the same as what JR charged and they paid for the shipping including the return of the old transmission (yes, Airizona is a lot closer to California than New Jersey. There was a core charge of $300 but they would not bill it to my credit card (yes, they accept credit cards) if they received the core back within a reasonable time. Their warranty was straight forward and also covered the cost of removal and replacement (up to a certain number of hours) if something did go wrong with the transmission. They are aware they don't show up on Google but they want to keep their costs down and not pay to show up. They have a store on E-bay which is how I found them (or just Google American Carz) but you don't have to buy from them through E-bay which I didn't. They reason that people looking for replacement transmissions will search E-Bay. I sure wish I had been smart enough to do that first then none of this would ever had happened for sure.

Man, this guy sold you a faulty tranny, he should have bent over backward to make things right. Did he try to accuse you or the installer of being responsible for the extreme infant mortality??????
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Old 07-29-2011, 01:12 AM
 
6 posts, read 9,684 times
Reputation: 19
Default Last thought (hopefully)

I have been trying to understand how it can be that JR at TRT has a good reputation in the Toms River area, if what NJGOAT reports is accurate, and yet treats internet customers so unfairly. I have come to the following conclusion. The key is in the fact that his "warranty", which he tries to pass off, after the fact, as the terms and conditions of the sale, does not apply to customers in the immediate vicinity of his business (this is buried some where in the fine print). This, by the way, disproves NJGOAT's argument that it is a fairly standard warranty; if it were standard why does it not apply to the transmissions he sells in the immediate area of his business? Obviously, it doesn't apply to customers in the immediate area because he wouldn't remain in business very long once word got around the local area. He apparently primarily deals with local repair shops that would instantly shun him if he tried to pull the same scam with them that he does to internet customers. I think he has found the internet a useful place to dump bad transmissions he has had to take back from customers in the local area that he can't afford to alienate. This doesn't necessarily mean every transmission he sells on the internet is faulty, but, if there is a problem, he refuses to deal with it.

Final Conclusion: I think it would be very unwise for anyone to purchase a transmission from Toms River Transmissions over the internet. There are other sources that offer re-manufactured transmissions at about the same price that TRT charges and, based on my experience, offer much better service.

Quick note to Tickyul. With all the posts by people who got defective transmissions, I understand you thinking that was my experience. I was lucky in that he sent me the wrong transmission so I never installed it. He just refused to do anything about it unless I arranged and paid for the shipping both ways. Even then it is doubtful he would have done anything, based on the experience of people who did return defective and incorrect transmissions to him and never got anything in return.
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Old 07-29-2011, 07:50 AM
 
14,777 posts, read 34,544,673 times
Reputation: 14279
I'm going to leave this one alone from now on. The issue is what it is, I just felt compelled to post since I know their local reputation. Being in the business my advice to anyone who is buying remanned parts is to do one of two things:

1. Work with a local or regional transmission shop. If there isn't one around, let your mechanic that is doing the work source the transmission. It then becomes their issue if anything goes wrong.

2. If you find you need to buy the part yourself, buy from Jasper. They are the biggest and best in their industry and a national company.
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Old 07-29-2011, 09:48 AM
 
Location: USA
700 posts, read 953,347 times
Reputation: 648
Thanks for this thread. It was very informative.

As NJGOAT said: go local. Let your mechanic source it.
And don't deal with unknown companies that want cash/check up front.

Springmart:
If it's any consolation, I live in Jersey and I now know enough to specify Jasper to my machanic for my two beater cars.

My 2-cents: Tom's River Transmission really handled this thing poorly. This bad rep could snowball on them if they don't get a grip on it soon. I mean, this post came back from 5 years ago. The reply TRT posted on this thread didn't help any. Aren't these guys smart enough to know the dangers of the web in thsi day and age?

All it would take is for one or a few unsatisfied customers to create their own blog, post pictures, correspondences, negative reviews and basically create as much negativity as they can for TRT.

And keep it going, and going, and going .... every few months or so, for years on end ...
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Old 07-29-2011, 05:24 PM
 
Location: Grosse Ile Michigan
24,737 posts, read 59,671,842 times
Reputation: 26895
In this case I can see asking you to pay to ship the transmission back was justified. If you had conclusive proof that they didn't ship what was ordered then once confirmed the business should reimburse for shipping. Something got screwed up somewhere when this part was ordered, maybe it was their fault, maybe it wasn't.

THE SELLER SHOULD (BUT MAY NOT BE REQUIRED TO) PROVE THAT THEY SHIPPED WHAT WAS ORDERED. IF I ORDER A CAMARO ENGINE AND YOU SEND ME A MUSTANG ENGINE, FOR YOU TO THEN SAY THAT I HAVE TO PAY TO SHIP IT BACK TO YOU AND THEN TRY TO GET MY MONEY BACK OUT OF YOU IS ABSURD AND JUST BAD BUSINESS. THIS IS WHY CREDIT CARDS OR SOME OTHER FORM OF SEMI-ESCROW TRANSACTION CAN BE A GOOD IDEA WHEN BUYING EXPENSIVE THINGS OVER THE INTERNET. OTHERWISE YOU HAVE TO BE AWARE THAT YOU ARE TAKING A GAMBLE. FACTOR THAT IN WHEN YOU DECIDE WHETHER TO TRY TO SAVE MONEY BY BUYING ON THE NET. IT COULD END UP NOT SAVING, BUT COSTING YOU MONEY.




Missing the rear oil seal would be a defect in workmanship and cause to return the part. Again, that cost would be paid by the customer until it was proven.

SAME SITUATION. THE SELLER WILL NEVER ADMIT THAT A DEFECT WAS PROVEN. "HOW DO I KNOW THAT THE POSTMAN DID NOT OPEN UP THE BOX AND TAKE THE SEAL OUT?" I WOULD NEVER SHIP OUT A TRANSMISSION THAT WAY" SO THE CUSTOMER IS SUPPOSED TO PAY TO SEND IT BACK AND THEN HOPE THAT THE SELLER DECIDES TO REIMBURSE HIM FOR THE SHIPPING? ANOTHER EXAMPLE OF WHY CREDIT CARDS OR ESCROW SERVICES ARE A GOOD IDEA.

The "no core charge" is a valid statement. Everyone wants the cores back, that's how their business functions. Most will charge you the core fee upfront and then refund it when you return the core. Others will accept simply holding your credit card information or check and not process the charge as long as the core is returned. TRT's policy is actually very lax by not charging money for the core, instead tieing it to the warranty. NO ONE pays for core return shipping, that is always on the customer.

ON MANY OF YOUR ISSUES YOU ARE CORRECT, OR CORRECT FROM A SELLER SLANTED POINT OF VIEW. HOWEVER HERE YOU ARE WRONG. THE SELLER SIMPLY MISREPRESENTED. NO CORE CHARGE MEANS NO CHARGE FOR A CORE OF ANY KIND. A "CHARGE' IS NOT LIMITED TO CASH DEPOSITS, IT CAN BE ANY KIND OF BENEFIT. YOU MAY BE RIGHT THAT THE POLICY IS BETTER THAN TYPICAL, BUT THE COMPANY MADE A MISREPRESENTATION. THIS MAKES ME TEND TO MISTRUST THE COMPANY ON OTHER ISSUES. HIS POLICY WOULD BE FINE IF HE DID NOT MAKE A MISREPRESENTATION.


The way it reads is that he is responsible for shipping what was ordered. If that turns out to be the wrong transmission, that's not his problem. Warranties in the remain/rebuilt parts world are VERY exclusionary.

IT DEPENDS ON HOW IT WAS ORDERED. IF I ASK FOR A TRANSMISSION FOR A SPECIFIC CAR AND HE SEND ME ONE THAT DOES NOT FIT THAT SPECIFIC CAR, THAT IS ON HIM. HE CAN SHIFT THAT RISK BACK TO ME BY TELLING ME THAT HE IS SHIPPING A TRASMISSION FROM A DIFFERENT CAR THAT HE THINKS WILL FIT, BUT IF HE IS WRONG I AM STUCK. BARRING THAT, IT IS HIS RESPONSIBILITY TO SEND THE CORRECT TRANSMISSION FOR THE CAR FOR WHICH I TELL HIM IT IS NEEDED.

Testifying by telephone in NJ is not illegal, but is decided on a case-by-case basis and is an incredibly rare thing to have approved for all the reasons cited by the attorney in this case. There is no way to prove that the person on the other end of the phone is indeed the correct person. Additionally, attorney's have often successfully claimed that not having the other person present deprives them of the ability to effectively cross examine the witness.

I DID NOT TAKE THE TIME TO READ THE CASE, BUT IN EVERY STATE WHERE I HAVE TRIED CASES, TESTIMONY BY TELEPHONE IS ALLOWED ONLY WHEN BOTH PARTIES AGREE. IT COULD BE DONE OVER OBJECTION POSSIBLY IF DONE BY VIDEO PHONE AND A COURT REPORTER IS PRESENT WITH THE WITNESS TO VERIFY HIS IDENTITY. OTHERWISE IT SHOULD NEVER BE ALLOWED. WHERE BOTH SIDES OF A STORY ARE PLAUSIBLE, BODY LANGUAGE IS 80% OF DETERMINING A WITNESSES CREDIBILITY.


This sounds reasonable and if I was the business owner is the route I would have taken. You're not happy, ship it back to me and I will refund the money after confirming that the part I received back is in fact the good part I shipped out.

IF I AM SIMPLY NOT HAPPY, THAT WOULD MAKE SENSE, BUT IF YOU SHIPPED THE WRONG PART OR A DEFECTIVE PART, THEN YOU SHOULD GET ME THE RIGHT ONE AND PAY FOR THE RETURN SHIPPING. IN MY EXPEREINCE, MOST REPUTABLE PLACES WILL SIMPLY IMMEDIATELY SHIP OUT A REPLACEMENT, OR WILL SHIP ONE UPON RECEIPT OF THE RETURNED ITEM (SHIPPING PAID BY THEM). SOMETIMES THEY WILL LOSE MONEY TO DISHONEST PEOPLE, BUT USUALLY NOT. (WHY WOULD SOMEONE WNAT TWO TRANSMISSIONS ESPECIALLY WHEN ONE DOES NOT FIT THEIR VEHICLE?


THE BIG ISSUE IS THAT IT APPEARS THAT THE SELLER SHIPPED A TRANSMISSION THAT HE LATER ADMITTED WAS WRONG AND NEEDED OT BE CORRECTED OR REPLACED. UNLESS HE CAN SHOW THAT THE BUYER ORDERED THE WRONG PART, THE SELLER NEEDS TO DO WHATEVER IS NECESSARY TO GET THE BUYER WHAT HE BARGAINED FOR AT NO ADDED COST.


THE FACT THAT THE BUYERS LAWYER APPARENTLY MESSED UP DOES NOT MAKE TOMS RIGHT. THE BOTTOM LINE IS THAT I WOULD NEVER BUY A TRANSMISSION FROM TOMS BECAUSE OF THIS. THERE ARE TOO MANY OTHER OPTIONS WITHOUT SUCH A HISTORY.
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Old 08-23-2011, 02:00 PM
 
1 posts, read 1,477 times
Reputation: 10
I found this and read all the posts. Now that I am done laughing at all the BS JR and his cronies have posted I will tell my story.
I too have been screwed by this fool(guess not a fool he continues to rip everyone off and get away with it).
I buy a ford windstar trans from them. I too should have known when he wants a check only I should run but I send $1200 anyway. I wait for a couple of weeks still no trans. I email them and they say touque conv backordered so a couple of week later I get a trans out of a Taurus. That trans will not work he tells me put it in anyway. I have been a mechanic for 30+ years but I double checked with a trans guy at the Ford dealership and he said it won't work. I emailed JR and he says send it back and he would send a different trans but I had to pay the $220 freight because it was a "warranty". How is it a warranty if it was wrong and I never installed it??? So I pay and send it back. A few weeks later I get another trans still wrong and this one has a large hole in it. Interesting isn't it? I file a claim with the trucking company and yep refused. I am not so sure he didn't ship it out that way. DO NOT DO ANY BUSINESS WITH THESE PEOPLE THEY WILL STEAL YOUR MONEY PERIOD!!!
So I had to buy another trans and install it. Out $1200+$220 because he won't even respond to me anymore. Anyone want a Taurus trans with a hole in it? Cheap!
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Old 12-09-2012, 03:35 PM
 
1 posts, read 1,236 times
Reputation: 10
Default Tom's River aka J.R. Transmissions

I've been reading the posts about Tom's River Transmissions. In my opinion this company is VERY dishonest. I paid $1350 for a rebuilt for my Dodge Dakota. It took over Three weeks to get it delivered from NJ to GA. When it arrived it looked like it came out of the junk yard and had just been shot with a black spray paint can. The paint was still wet. I had Midas install it. They took it for a test drive and it locked up. They couldn't get it going again. I had my Dakota hauled to Mr Transmission. I had them rebuild my original, cost me $2500. I contacted J.R at Tom's River Transmission and he said he'd inspect it and let me know what happened. Cost me $326.17 to return it R&L Freight. Tom's River Transmission received it according to the tracking number, but never bothered to contact me. I sent an email to Tom's River Transmission (J.R.) asking what the status was. He said, Oh yeah, he received it. He said he saw the torque converter was installed when it arrived. He said when he removed it he saw that the O-ring seal was missing and that the torque converter had been improperly installed and had broken a gear on the internal pump. He said the input and output shafts (there's only one shaft) turned freely. The truth is that the Mr Transmission had removed the torque converter to drain the fluid for shipping. While on the drain rack the O-ring seal must have come off and gone unnoticed. Mr Transmission placed the torque converter back on the transmission temporarily for return shipping to Tom's River Transmission. The torque converter was not re-installed but merely put in place on the front shaft and held by a metal retainer. J.R. at Tom's River Transmission told me it would cost approximately $500 to repair the transmission. I asked if he would just deduct the $500 from the original $1350 and send me the difference. He said they had a no-refund policy. I said yes, but you have the transmission that you asked me to return for inspection. He knew that I had my original rebuilt and no longer had any use for the one I returned. He said he would reload it onto a pallet and I could pay a carrier to ship it back to me. I told him I couldn't afford to do that. He said OK, have a nice day. To anyone reading this, or knowing anyone that might be in need of a Transmission, I highly recommend you avoid doing business with Tom's River Transmission aka J.R. Transmissions. Also, it would be good to spread the word to keep them from ripping someone else off. This may not do any good, but then again, we can only hope.
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