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Kirkham Motorsports

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  #21 (permalink)  
Old 01-03-2010, 03:20 PM
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Here is a link to the actual filing, and you can form your own opinion

http://docs.justia.com/cases/federal...00287/18390/1/
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  #22 (permalink)  
Old 01-03-2010, 03:42 PM
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Some companies hold true to the mindset that contracts are meant to be broken. They then short pay on invoices, claim late deliveries or other nuisances to justify their stance, and hope that the smaller guy/supplier will eventually write-off the balance and move on their merry way. I've seen it happen time and time again. This appears to be another example, but the court claim doesn't go into those specifics as to why SAI withheld payment. Either a jury will get to hear that argument, or the two sides will agree on a "discounted" resolution. In the latter, SAI will end up paying less (including their attorney fees) than if they had just honored the original agreement.

I don't like it and I wouldn't do business with people like that. But like I said, some feel it's part of the game, part of "doing business." Whatever. That mindset is not a good way to win friends and influence people (positively).

A previous poster indicated that entire warehouses of uncompleted cars sat waiting for their carbon fiber hoods, etc. According to the filing, the vendor provided all parts per the contract date, actually missing it by one week (which SAI agreed to by also agreeing to halve the employee incentive allowance that was also part of the contract). You don't deliver all 1,747 sets at the same time, so SAI was getting some product during the entire duration of the production run. Again, without the details we don't know what the delivery schedule looked like that created whatever "nuisance" for the receiver. It still doesn't add up for SAI to not honor the commitment though.

-Dean

Last edited by RedBarchetta; 01-03-2010 at 03:46 PM..
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  #23 (permalink)  
Old 01-03-2010, 04:05 PM
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Hmmm, I suspect lack of product may be the biggest issue with that guy with the damaged KR that was looking for a hood. I don't know if he ever got his hood YET!
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Old 01-03-2010, 04:36 PM
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Originally Posted by Excaliber View Post
Hmmm, I suspect lack of product may be the biggest issue with that guy with the damaged KR that was looking for a hood. I don't know if he ever got his hood YET!
Ernie, Plaintiff's Counsel's name is "Judge." That's enough to confuse the jury right there.
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Old 01-03-2010, 04:42 PM
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Concerning 1968 GT 500 Shelbys ...They were contracted by Ford and Shelby to A O SMITH in Ionia Michigan .I personally toured the factory and assembly lineas a guest of Ford at the time.A O SMITH also made welding masks and Corvette door components at this location.

R.H.M.
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  #26 (permalink)  
Old 01-03-2010, 06:07 PM
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Originally Posted by rustyBob View Post
I wonder will he drag Superformance down with him......
or is Superformance paying to back him up on this new suite
against SAI.
No, he won't.

SPF is a licensee and vendor to Shelby, nothing more. Why would Hi-Tech (SPF manufacturer) be involved in a "suit" (a "suite" is something else) on a product (GT500 KR, NOT the Ford GT500) that they have NOTHING to do with????

And IF SPF was "backing up Shelby" on a suit about GT500 KR parts, how would that affect any of the products either one sells?

I sense a motive here from you that I do not understand.....
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Old 01-03-2010, 06:19 PM
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Ernie, Plaintiff's Counsel's name is "Judge." That's enough to confuse the jury right there.
And further confusing matters is that his daughter's name is Shelby and he named his dog Plasan.
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  #28 (permalink)  
Old 01-03-2010, 06:29 PM
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And further confusing matters is that his daughter's name is Shelby and he named his dog Plasan.
Does this Plasan have anything to do with the Israeli company that makes the Sand Cat?
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  #29 (permalink)  
Old 01-03-2010, 07:02 PM
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With the current economic meldown, many of the KR's sit in dealer inventories, being walked around.
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  #30 (permalink)  
Old 01-03-2010, 07:36 PM
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Well THAT is what I was wondering, how many have actually sold? Reading the typical press release (Ford, SAI, who ever) you get the distinct impression the are selling like hot cakes and can't keep up with demand.

Of course when I was in business and somebody asked me, "How's business?" My stock reply was, "Great!" Even in months when I could barely make the rent,,,
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Old 01-03-2010, 08:25 PM
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Business is always great no matter what........Could you help me straighten out my going out of business sign.........
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Old 01-04-2010, 01:21 AM
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Some companies leap towards litigation to scare you into giving up your side. usually suits happen when both sides cant figure out how to communicate and they need someone to sort it out.

It used to be litigation was a last resort , now I feel people are using it with the common place idea, treating it like a traffic light.

I have some lawyers as friends ( and family ) and I cant remember when any of them ever got *laid off*.

Got to be something we can do about that. . .

Steve
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  #33 (permalink)  
Old 01-04-2010, 05:18 AM
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Quote:
Originally Posted by Rick Parker View Post
With the current economic meldown, many of the KR's sit in dealer inventories, being walked around.
Was at a dealership last week and they still have a brand new 08 GT-500 sitting in the showroom!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

David
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