hmmm

brads03zx3 · Jun 27, 2007

I think Tom owes the customer a free tune. He had a part in putting the customer in the situation and egged it on.

thefrush · Jun 27, 2007

brads03zx3 said:
I think Tom owes the customer a free tune. He had a part in putting the customer in the situation and egged it on.

Now now Brad, don't go pointing fingers. We don't know that.

BUR_ZX3 · Jun 27, 2007

I'd like to ask a simple question?

Why hasn't the customer who is allegedly in the center of all of this "Benny" not posting on here himself? It seems to me that a bunch of Tom's friends/fans decided to try to make it an issue, when the customer himself has not said one word about it either here or on FocusFanatics.

So I'll ask the OP, SpeedOften, b16, et al. Whats in it for you?

thefrush · Jun 27, 2007

Go ahead and PM him: Deevlo

jrpasmo · Jun 27, 2007

I think most important is agreeement between Xios and FS....they should have everything on paper...if there is note about kit is comming with tune....I bet Xios will find a way to get those $500 (maybe more) from FS and hopefully do a partnership with different tuner (as this is no good for their reputation).....if there is part that tune is property of FS..then this whole topic is just...........

b16sir1991 · Jun 27, 2007

So he lied about where the car was, still doesnt matter. He is the paying customer to Xios, not FS. FS was obligated to supply the tune as stated in the paperwork (which i have seen personally). Actually FS shouldnt be involved unless they worked it out with Xios to be there for support.

P-51 · Jun 27, 2007

There's certainly some merit to that idea. But only if Tom knowingly advised the guy to mislead Xios about who was doing the install. That would be impossible for any of us to prove. Given the fact Tom actually called Xios and tipped them off... I'm guessing Tom had no part in it. He probably had no idea what was going on, possibly mislead by the customer also.

If what Randy says is true, and I believe it is, this guy was told the deal before he even bought the kit. It doesn't matter what is on the "paperwork" that came with the kit, because there was a verbal contract in place BEFORE that paperwork was furnished.

Really, the only thing that could possibly be done by Xios to make the situation crystal clear is to explain all this on the website. "The full kit with tune is only intended for home installers. If you will have a professional tuner install the kit, the tune will not be included as we prefer them to tune it themselves."

As for the rest of you, if you don't like this arrangement, you can choose to buy your turbo kit somewhere else.

Oh, there are no other kits? That's unfortunate.

SpeedOften · Jun 27, 2007

BUR_ZX3 said:
I'd like to ask a simple question?

Why hasn't the customer who is allegedly in the center of all of this "Benny" not posting on here himself? It seems to me that a bunch of Tom's friends/fans decided to try to make it an issue, when the customer himself has not said one word about it either here or on FocusFanatics.

So I'll ask the OP, SpeedOften, b16, et al. Whats in it for you?

Deevlo is in the Military, and doesn't get out until ~4pm and then starts college classes until I thin 10pm. I don't think you'll see a post from him until he's out of class.
What's in it for me? Trying to make sure a fellow shipmate and friend does not get screwed.
We don't make enough money to not take it seriously...

P-51 · Jun 27, 2007

FS was obligated to supply the tune as stated in the paperwork (which i have seen personally).

It doens't matter!

He obtained that "paperwork" through deception.

There was a verbal agreement as to the terms of the purchase before he made his purchase. Apparently he made the purchase under false pretences... So it doesn't matter what the paperwork says.

The contract was already voided when he lied.

Hell, I'd bet Xios/FS would be completely within their legal rights to not even refund him his $200, since Benny was the one who killed the agreement.

Yet, they go one better, and offer him MORE than a fair settlement, and you guys are STILL upset.

This issue is SO over.

Benny, take the $500, have Tom tune the car.

Everybody else, that's the deal, if you don't like it, buy your kit somewhere else.

ArmyFocus · Jun 27, 2007

P-51 said:
There's certainly some merit to that idea. But only if Tom knowingly advised the guy to mislead Xios about who was doing the install. That would be impossible for any of us to prove. Given the fact Tom actually called Xios and tipped them off... I'm guessing Tom had no part in it. He probably had no idea what was going on, possibly mislead by the customer also.

If what Randy says is true, and I believe it is, this guy was told the deal before he even bought the kit. It doesn't matter what is on the "paperwork" that came with the kit, because there was a verbal contract in place BEFORE that paperwork was furnished.

Really, the only thing that could possibly be done by Xios to make the situation crystal clear is to explain all this on the website. "The full kit with tune is only intended for home installers. If you will have a professional tuner install the kit, the tune will not be included as we prefer them to tune it themselves."

As for the rest of you, if you don't like this arrangement, you can choose to buy your turbo kit somewhere else.

Oh, there are no other kits? That's unfortunate.

x2. If you (the seller) intends to market a FI kit as being "complete" meaning that tuning is included, then that's what you have to provide, regardless of where it's going to be installed. If you are so worried about your tune getting jacked, then don't include it nor advertise it as an option and market the kit as a tuner kit. One thing Randy hasn't addressed, and this has been brought up, is would he include the tune if the buyer was going to have McNews or CFM install the kit, seeing as though they are competitors as well.

Jason

SpeedOften · Jun 27, 2007

ArmyFocus said:
x2. If you (the seller) intends to market a FI kit as being "complete" meaning that tuning is included, then that's what you have to provide, regardless of where it's going to be installed. If you are so worried about your tune getting jacked, then don't include it nor advertise it as an option and market the kit as a tuner kit. One thing Randy hasn't addressed, and this has been brought up, is would he include the tune if the buyer was going to have McNews or CFM install the kit, seeing as though they are competitors as well.

Jason

Randy, has actually said that he won't supply a tune in those cases. You must have just missed his post.

syntheticGT · Jun 27, 2007

ArmyFocus said:
x2. If you (the seller) intends to market a FI kit as being "complete" meaning that tuning is included, then that's what you have to provide, regardless of where it's going to be installed. If you are so worried about your tune getting jacked, then don't include it nor advertise it as an option and market the kit as a tuner kit. One thing Randy hasn't addressed, and this has been brought up, is would he include the tune if the buyer was going to have McNews or CFM install the kit, seeing as though they are competitors as well.

Jason

And Randy said no.

SpeedOften · Jun 27, 2007

P-51 said:
It doens't matter!

He obtained that "paperwork" through deception.

There was a verbal agreement as to the terms of the purchase before he made his purchase. Apparently he made the purchase under false pretences... So it doesn't matter what the paperwork says.

The contract was already voided when he lied.

Hell, I'd bet Xios/FS would be completely within their legal rights to not even refund him his $200, since Benny was the one who killed the agreement.

Yet, they go one better, and offer him MORE than a fair settlement, and you guys are STILL upset.

This issue is SO over.

Benny, take the $500, have Tom tune the car.

Everybody else, that's the deal, if you don't like it, buy your kit somewhere else.

I'll agree,

to disagree...

ArmyFocus · Jun 27, 2007

SpeedOften said:
Randy, has actually said that he won't supply a tune in those cases. You must have just missed his post.

I guess I did. What's messed up about that is the guys at CFM are great guys and run an honest business. I hardly think Hector would seek to copy Randy's tune when he's a capable tuner himself.

Jason

SpeedOften · Jun 27, 2007

ArmyFocus said:
I guess I did. What's messed up about that is the guys at CFM are great guys and run an honest business. I hardly think Hector would seek to copy Randy's tune when he's a capable tuner himself.

Jason

And as tom has stated he could care less about Randy's tune.. The only issue was that the customer didn't want to pay for Tom to tune the car. He wanted Randy's tune and was not provided it after it was already paid for, b/c tom was doing the kit install - nothing to do with Randy's tune.

BUR_ZX3 · Jun 27, 2007

No doubt. Randy and Hector, to the best of my knowledge, get along well and have a good working relationship. But Randy still doesn't and won't give Hector his tunes. Randy just doesn't give away his tunes. He wouldn't email tunes to customers until SCT was able to write a tune and have it locked to a specific XCal Serial #. This goes back ages.

Randy protects his work as best he can. And part of that is to not give tunes to your competetion, whether friendly or otherwise.

ArmyFocus · Jun 27, 2007

Oh well. I'm going to leave this alone. Anyone who knows me and knows my car knows where I spend my money for performance parts, so I could care less about FS or Tom.

Jason

thefrush · Jun 27, 2007

P-51 said:
He probably had no idea what was going on, possibly mislead by the customer also.

This has been my thought since the beginning of this issue. Customer deceived both parties.

syntheticGT · Jun 27, 2007

BUR_ZX3 said:
No doubt. Randy and Hector, to the best of my knowledge, get along well and have a good working relationship. But Randy still doesn't and won't give Hector his tunes. Randy just doesn't give away his tunes. He wouldn't email tunes to customers until SCT was able to write a tune and have it locked to a specific XCal Serial #. This goes back ages.

Randy protects his work as best he can. And part of that is to not give tunes to your competetion, whether friendly or otherwise.

Todd this has to stop.

:thumbup:

SpeedOften · Jun 27, 2007

P-51 said:
It doens't matter!

He obtained that "paperwork" through deception.

There was a verbal agreement as to the terms of the purchase before he made his purchase. Apparently he made the purchase under false pretences... So it doesn't matter what the paperwork says.

The contract was already voided when he lied.

Hell, I'd bet Xios/FS would be completely within their legal rights to not even refund him his $200, since Benny was the one who killed the agreement.

Yet, they go one better, and offer him MORE than a fair settlement, and you guys are STILL upset.

This issue is SO over.

Benny, take the $500, have Tom tune the car.

Everybody else, that's the deal, if you don't like it, buy your kit somewhere else.

b16sir1991 said:
Theres nothing stated anywhere with Xios that you cant take your car to certian places, thats such BS. Benny probably told him what he did because he knows about the bad blood between Randy and Tom. IT DOESNT MATTER, he is the paying customer of a kit that states clearly that it comes supplied with a sctII and FS tune. Its up to the CUSTOMER as to what or where he wants to take the car. Thats all that matters. Theres no business that would state that you can buy our kit, but you cant do certian things with it or we will not supply you part of the "advertised" kit components.

^this is how I feel...

I also know, that if Randy had said, "I'll only give you the tune, if you don't give Tom access to it..." None of this would ahve happened.

hmmm

brads03zx3

thefrush

BUR_ZX3

thefrush

jrpasmo

b16sir1991

P-51

SpeedOften

P-51

ArmyFocus

SpeedOften

syntheticGT

SpeedOften

ArmyFocus

SpeedOften

BUR_ZX3

ArmyFocus

thefrush

syntheticGT

SpeedOften

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