The never-ending Rack Thread

[agro1]

Curtis - Why don't you read the entire case as opposed to just doing a Google search ? The initial ruling set a precedent regarding contracts based on spoken word - that aspect of the case was not contested nor was it overturned.
But hey, you're the lawyer, right ? And as such, you do very well quoting things out of context. Do you even know what the "special verdict form" was that you cited ?? Fucking moron.

 

[JLS]

Curtis, your an IDIOT. So every time you buy something from amazon, bestbuy.com, or any other online retailer you get a WRITTEN contract? You must be one busy dipshit. Roversolutions is an on-line retailer, or so I thought, just like any other sotore. The problem with this case is that Kyle is hideing, not doing the RIGHT thing. He is not contacting or replying to anybody except for inquiries from places that could put him out of business. I hope he goes to jail. I am pursueing leagal action but I need contact info first and that is where the problem lies.

OH!!! I also like how the title of this thread changed from "another dissapointed KVT customer" to "the never ending rack thread."

 

[spydrjon]

OH!!! I also like how the title of this thread changed from "another dissapointed KVT customer" to "the never ending rack thread."

Yes, it does make it look as though KVT is here lurking around. Why so quiet?

 

[curtis]

Curtis, I recall that you bought one of the first backpack racks from Kyle. Did you prepay? Did you have a signed contract that stated the deliverable and timeline?

Yep - I bought the prototype. IIRC he shipped it before I sent payment. I would have pre-paid without contract though. It just was not that much money.

Understand I am not defending Kyle in any way whatsoever. I just think poeple need to watch thier actions when they start threatening people with legal and other actions. Two wrongs does not make a right. IOW: "Do what you say, say what you do, and cover the ground that you walk on." This applies to all parties.

Now, I know of people (and you do too Mike) that have paid a hell of a lot more money to Kyle with no delivery. I don't see them on here threatening. Matter of fact, I don't see them posting.

 

[curtis]

Curtis, your an IDIOT. So every time you buy something from amazon, bestbuy.com, or any other online retailer you get a WRITTEN contract?

Yep. You do: here is one from Amazon:

Shipping & Returns
? See our shipping rates & policies. ( http://www.amazon.com/exec/obidos/tg/browse/-/468520/ref=hy_f_3/104-6304930-6887103 )
? Return an item (here's our Returns Policy). ( http://www.amazon.com/exec/obidos/tg/browse/-/901888/104-6304930-6887103 )

There is more as well. Like "terms of Use" and things like that. I am no lawyer, but I deal with a lot of contracts, SLA's, RFP's, etc. It is not as simple as he-said-she said regardless of how I would like things to be.

Agro - I did read the case. The judgement was reversed. It is immaterial though as it is CA law anyway and only applies as a case in CA. Regarding the 'fucking moron" comment. C'mon dude - are you really that low? If your only defense is to call people "fucking morons" you are weaker than I ever imagined.

We will likely meet one day and know quite a few people in common. I will keep your comments in mind at that time

 

[cptyarderho]

And The Captain is back! Knew you couldn't stay away.

.

dammit......

 

[draaronr]

Doctor I think we are losing the Kyle Rack thread. No wait I have a pulse, Holy shit the thread got back up and took off again.

 

[Mike_Rupp]

All things considered, I consider myself lucky. I bought a SD rack and didn't get the mounting clamps. It was interesting however, that the guy that brought the rack to from MD to MI also bought a rack from Kyle. He bought a Roversolutions rack for his RR. When it showed up, it was clamped to his truck using SD clamps, not the Roversolutions clamps.

Well, that was over 6 months ago. I ended up buying some brand new SD clamps and dumping around another $200 into my rack. I chalked it up to experience. I would like to get the clamps I am owed, but I'm not holding my breath.

And yes, we do know people that are sitting on the sidelines holding their tongues that are owed a hell of a lot more than $200. I wish them the best.

 

[agro1]

We will likely meet one day and know quite a few people in common. I will keep your comments in mind at that time

Curtis - for someone who has been cautioning other's on here to watch what they say; that sure seems dangerously close to a threat of physical violence.
Thanks for giving me grounds for when we do meet. Fucking moron.

 

[kennith]

That was not my point. My point was that you can handle things many different ways without potentially indirectly involving a bunch of wackos.

Cheers,

Kennith

 

[curtis]

Curtis - for someone who has been cautioning other's on here to watch what they say; that sure seems dangerously close to a threat of physical violence.
Thanks for giving me grounds for when we do meet. Fucking moron.

Grounds for what? Funny how you can infer violent threat from what I wrote.

I love the moron comments though. At this point they seem comical. Keep up the good work, Genius

 

[p m]

watch what you say, Curtis. Anything can and will be used against you

 

[curtis]

LOL. That is why I waiting to hear what 'grounds for' old Agro Luke has up his sleeve. Shoot, I was thinking we could be amicable, but I guess he is expecting something different. Funny how the aggressive young 'uns like Luke tend to think the worst.

Either way, I love to work up a hot head. They show who they really are in no time

 

[bri]

He does not appear THAT young. LOL.

 

[frickjp]

Whose the moron ??

Nice.

 

[JamesWyatt]

<edit>...The problem with this case is that Kyle is hideing, not doing the RIGHT thing. He is not contacting or replying to anybody except for inquiries from places that could put him out of business...

OH!!! I also like how the title of this thread changed from "another dissapointed KVT customer" to "the never ending rack thread."</edit>

Well, someone's been updating the discoweb main page & galleries.

 

[bruinlad]

Curtis, your an IDIOT. So every time you buy something from amazon, bestbuy.com, or any other online retailer you get a WRITTEN contract? ....."

I've always thought that when you make a purchase online i.e. Amazon, Ebay or other Rover online businesses, most if not all issue receipts which in my opinion constitute a form of a contract. Whether it is emailed to you or otherwise, this online receipt is a form of an agreement that states you paid in advance for a product that is promised to you in the the future. Should the vendor fail to fulfill his/her obligation per your receipt, then I can't imagine why you can't use that for recovery purposes by legal means. Just my $0.02 worth.

 

[andrewv]

That was not my point. My point was that you can handle things many different ways without potentially indirectly involving a bunch of wackos.

Cheers,

Kennith

Man, miss a day, miss a lot!
You said it right there Kennith, but I thought you were worried about the internet at large, not just here.

Anyway, Curtis, I don't think you're correct, but I'm no attorney either. I would think extortion applies where no previous contract exists. One clearly exists here, and it can be very well documented. I paid for goods I haven't received, as have many others.

Jeremy, email me for his address and phone number.

All: I'm out in terms of bitching about it. I have 4 strategies in process, I won't publish Kyle Ray's information, but I will make it available to anyone who requests it. I will also post an update here, in the unlikely event that something happens.

Hats off to Ho and Axel for letting the thread go, and Ho, I like the new title

 

[RoverChic]

I've always thought that when you make a purchase online i.e. Amazon, Ebay or other Rover online businesses, most if not all issue receipts which in my opinion constitute a form of a contract. Whether it is emailed to you or otherwise, this online receipt is a form of an agreement that states you paid in advance for a product that is promised to you in the the future. Should the vendor fail to fulfill his/her obligation per your receipt, then I can't imagine why you can't use that for recovery purposes by legal means. Just my $0.02 worth.

Henry: You and I both know that is a receipt and could be used in court for legal purposes/reasons. When you bought the D2 cigarette lighter from me this summer; PayPal sent you a receipt. Had you had any issues with the transaction that receipt could/would serve as proof of payment and would HOLD UP in a court (should it need to).

People that paid Kyle would have used PayPal or another form of payment. They (PayPal/Credit Card Companies) keep receipts for up to a year I believe might be longer; therefore one would need to contact PayPal to get a receipt for the transaction or their credit card company.

Luke - Pass the Valium..I seem to be running out and no more refills!

 

[drg]

curtis: an oral contract is still a contract. That's always been part of common law, and it's a part of US law as well.

In the case that's been thrown about, the appeal decision was over whether there ever was an oral contract, or who was a party to it, not whether an oral contract is valid and enforceable, which it is.

Incidentally, your eBay and Amazon examples still aren't written contracts. They're policy statements, which support their position in the unwritten contracts. Receipts and invoices aren't contracts, they are evidence of performance on the contract. Some people print the 'agreement' on the back of receipts or invoices, but that's quite not the same as a 'written contract' either, though people pretend it is.

I started to go into the details, but then, I don't know how useful it is to debate what is or isn't a contract here. The real problem with the whole "you didn't have a contract specifying a delivery date, so you screwed up" line of thinking is that Kyle did represent that he would deliver the goods within a reasonable amount of time, and with some specificity.

On January 27:

"After deposit you are looking at roughly 30 days at this point before delivery... (Yeah I know , but its only me)"

I made the deposit on Feb 1, and he acknowledged getting it. I made the final payment on July 19, and then he disappeared. I suspect that it was similar with the others. I think it's silly to debate whether KVT is obligated to perform within a time frame. I doubt even Kyle would argue that he's not, so I don't see the point in arguing over it.

Really, I don't think any of this would be an issue if it weren't for Kyle going into hiding. If he would just keep in contact with his customers, especially the long-overdue ones, we wouldn't be forced to the conclusion that he's up to no good. In a certain way, it's even more frustrating for me, because he's almost done with me... he just owes me brackets, and I've even made some temporary brackets for myself, so he just has to talk to me and tell me (for instance) that he's going to get them to me just after the new year. It seems so easy for him to finish up with me that it's even more alarming in a way that he's not doing it.