Ascendant Audio 6.5 INCH POLY HIGH EXCURSION MIDWOOFER

[slick rick 10+ year member]

buying from the company ex post facto MIGHT, JUST MIGHT damage your claim in court. //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

 

[Flipx99 5,000+ posts]

buying from the company ex post facto MIGHT, JUST MIGHT damage your claim in court. //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

agreed...especially since it is one place. Not like a different store as in a retial enviornment where one could expect different things from store to store.

 

[wj94 10+ year member]

Actually, he could prove (somehow,I am no speaker expert) that the design was flawed. IE aa produced a product with a known flaw and marketed it as a good product. He has a few other similar options at his disposal.
Problem here is, best he could hope for is some small punitive damages. He may get a full refund but that is about it. Most small claims courts would dismiss this as petty. If it would have been alpine, rockford, etc, it may be a different story. What I would be worried aboutis libel. You have kinda accused AA of breaking a law without (what I feel from the posts) substantial evidence. Furthermore, why tell everyone, just do it and then maybe post the results. If I were AA, I would be 100x more afraid of a letter from a lawyer than a post on a forum. Lastly, all AA supposed rules are not enforcable in all states. For instance, in TN you have a guarenteed refund on all products within 7 days with a reciept. There is no such thing as all sales final.

If AA quoted one for a recone and then changed the price in mid-recone, it would be considered bait and switch. He could have said he woould do it for $20 and then charged $50. I would do a chargeback with my CC company and let AMEX hang thier *****, or just get my funds back after I recived the product to ensure they would not hold my product hostage.Send all e-mail transcripts to AMEX and they will handle it for me.

Again, I say you are stupid for posting " I am gonna sue" unless charges have been filed. AND it may be quite hard getting him to come to your state. Your e-mail and his marking plan qualifies him for "minimum contacts"...however....I think if your attorney sent him a letter, he would just send your stuff back and refuse to do business with you in the future.

In order to prove that AA was selling a product with a known design flaw, he'd have to qualify as an expert or find an expert witness, which would just be stupid in such a small case....not to mention Chad may even qualify as an expert and be able to defend those claims. The recone price raise would not be a bait-and-switch as all AA would have to do is show that the price of their materials and/or labor time increased, which would be easy for them. AA's rules also do apply in his state because the item was sold where AA is located. If AA was to come to his state and make the transaction there, they'd be subject to state rules. As it stands, all buyers are subject to AA's rules as long as the item is sold in IL.

On the other hand, as stated, he's also gone and accused Chad and Dale of verbal assaults that he can't prove and possibly damaged their reputation if his claims are false. If he really wanted to take this to court, Chad could easily file a counter-suit for defamation of character if they could prove that the person who posted this was dealt with in a manner in accordance with their stated policies.

From expertlaw.com:

Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:

 

* Attacks on a person's professional character or standing

 

[GCAdidas13 10+ year member]

 

[slick rick 10+ year member]

In order to prove that AA was selling a product with a known design flaw, he'd have to qualify as an expert or find an expert witness, which would just be stupid in such a small case....not to mention Chad may even qualify as an expert and be able to defend those claims. The recone price raise would not be a bait-and-switch as all AA would have to do is show that the price of their materials and/or labor time increased, which would be easy for them. AA's rules also do apply in his state because the item was sold where AA is located. If AA was to come to his state and make the transaction there, they'd be subject to state rules. As it stands, all buyers are subject to AA's rules as long as the item is sold in IL.
On the other hand, as stated, he's also gone and accused Chad and Dale of verbal assaults that he can't prove and possibly damaged their reputation if his claims are false. If he really wanted to take this to court, Chad could easily file a counter-suit for defamation of character if they could prove that the person who posted this was dealt with in a manner in accordance with their stated policies.

From expertlaw.com:

Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:

 

* Attacks on a person's professional character or standing

+1 on the counter-suit. It can easily happen but I highly doubt any of this will follow through.

 

[wj94 10+ year member]

+1 on the counter-suit. It can easily happen but I highly doubt any of this will follow through.

I figured that was assumed, but it's 1 AM and I needed something to cure my boredom.

 

[slick rick 10+ year member]

I figured that was assumed, but it's 1 AM and I needed something to cure my boredom.

Haha I feel ya bro...this forum is quite entertaining.

 

[Dozy_production 10+ year member]

well at least that we learned (what they dont teach in disney movies) that life is unfair.

 

[UndercoverPunk 5,000+ posts]

I personally don't see this going anywhere. I could be wrong, but... whatever, have fun loosing your *** on judge judy.

 

[Eugenics 5,000+ posts]

i saw carstereo.com in one of the posts and exited out

 

[Pl8er 5,000+ posts]

I had wanted a pair of poly highs but they ran out. They called me today to let me know that they did have some and are shipping my order tomorrow. They also just got a shipment of 25 more coming in tomorrow.

I've heard some really bad things about them. I think most of the bad comes because they are a small company and still trying to get a great quality system. Look on the flip-side though, how many large companies would call YOU to let you know that something you had asked about is now available? Thats **** good service in my eyes.

So to Dale and all the guys and gals at AA ~~Horsey salute!

 

[Untouchable11 10+ year member]

I have never had a problem with Ascendant, Chad, or Dale. I've bought around 5 things.. Two avalanches, an atlas, and the poly mids. Everytime I've had a problem, question, comment, they have been there. I will say that they don't answer emails very fast, but everytime I have tried to get in contact with them, I have received a reply. I was a little angry what happened with the Arco components, but as it has been said, sometimes you just have to cut your loss... Chad made it right by refunding money..

I have a question for you Kryptonitewhite... Were you by chance an ******* when you got in contact with them?

I guess I've had nothing but great luck with Ascendant. And I will continue to support them...

 

[jlaine 10+ year member]

I have a question for you Kryptonitewhite... Were you by chance an ******* when you got in contact with them?

Well there's probably that... Then him blowing up crap, blaming ascendant, being constantly corrected on installation procedures then swearing at people for getting sick of his rude behavior and substandard level of discussion... Or possibly the posting it on every forum he could trying to drum up support for his little pilgrimage to have someone else pay for his own foolishness...

This kid shouldn't be allowed to install anything of his own, it only manages to find a way to 'blow up' on 'accident.'

And that was before we banned him, I hear he's only getting better with time. //content.invisioncic.com/y282845/emoticons/naughty.gif.94359f346c0f1259df8038d60b41863e.gif

 

[UndercoverPunk 5,000+ posts]

Well there's probably that... Then him blowing up crap, blaming ascendant, being constantly corrected on installation procedures then swearing at people for getting sick of his rude behavior and substandard level of discussion... Or possibly the posting it on every forum he could trying to drum up support for his little pilgrimage to have someone else pay for his own foolishness...
This kid shouldn't be allowed to install anything of his own, it only manages to find a way to 'blow up' on 'accident.'

And that was before we banned him, I hear he's only getting better with time. //content.invisioncic.com/y282845/emoticons/naughty.gif.94359f346c0f1259df8038d60b41863e.gif

//content.invisioncic.com/y282845/emoticons/iagree.gif.15d6c075ee8d3913ba26866d06993068.gif with everything you said.

 

[ngsm13 5,000+ posts]

Well there's probably that... Then him blowing up crap, blaming ascendant, being constantly corrected on installation procedures then swearing at people for getting sick of his rude behavior and substandard level of discussion... Or possibly the posting it on every forum he could trying to drum up support for his little pilgrimage to have someone else pay for his own foolishness...
This kid shouldn't be allowed to install anything of his own, it only manages to find a way to 'blow up' on 'accident.'

And that was before we banned him, I hear he's only getting better with time. //content.invisioncic.com/y282845/emoticons/naughty.gif.94359f346c0f1259df8038d60b41863e.gif

BWAAAAHAHAHAHAHA...

What an efftard...

nG