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Originally Posted by MMC Racing
What that ruling may be depends on THE EVIDENCE PRESENTED.
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Finally I can agree with you!
At long last we have gone from your initial statements....
Quote:
Originally Posted by MMC Racing
If the restocking fee was challenged in court (not worth the time, just saying), the contract would be voided and a full refund would be ordered.
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Quote:
Originally Posted by MMC Racing
There would be 1 of 2 conclusions. Either it would be thrown out or GTM would talk their way into a specific performance date, which would be just as good for most people who still want the kit.
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....to what would actually happen. It could go either way. At least you got some objectivity in there eventually!
As for paying the rest of the invoice and then demanding performance from GTM, I don't think that this would work either. GTM cannot deliver something that is not yet ready and which did not have any specific delivery time outlined. Again it would need to be looked at by a judge and then a decision made as to what a 'reasonable' length of time is.
As per my Fast Intentions example, you cannot put down a non-refundable deposit on a product that you know for a fact is not yet available and has no exact delivery. Then change your mind before the product is ready and in order to get your deposit back, make full payment and say "well, they don't have the product available so I want all of my money back!". You go into the deal knowing that if you want to get out, it will cost a certain amount.
The only variable is what length of time would be considered reasonable by a judge for the product to be ready. In GTM's case a judge might say that the current delays are excessive or that another 6 months would be reasonable, who knows.