Taking Injen to small claims court. Please read.
so let me get this straight...did you ever send it back to them to check or did they just replace it? did you send back the second set (i dont remember if you said there was a second set or not) or did they just replace that too? did any one send back a set to them for that matter... i'm confused...why would you try taking a company to court to gain money for something you didnt buy from them directly. also, they actually made an attempt to help, unlike most companies that tell me I'm SOL when i call them. from my experience, exhausts parts aren't covered under warranty...but let me know how this big waste of time turns out. if you didnt want the exhaust, you should have just got rid of it a long time ago. just my two cents...
Originally Posted by on3fasG
so let me get this straight...did you ever send it back to them to check or did they just replace it? did you send back the second set (i dont remember if you said there was a second set or not) or did they just replace that too? did any one send back a set to them for that matter... i'm confused...why would you try taking a company to court to gain money for something you didnt buy from them directly. also, they actually made an attempt to help, unlike most companies that tell me I'm SOL when i call them. from my experience, exhausts parts aren't covered under warranty...but let me know how this big waste of time turns out. if you didnt want the exhaust, you should have just got rid of it a long time ago. just my two cents...
Lets say your g35 just goes south and doesnt run anymore That you bought at a dealership. When you take it back because it went south does the dealer replace it out of their pocket? NO corporate does! Injen doesnt want to step up and replace their system. Sure they sent a bunch of us Resonators but what good does that do when the mufflers are packed with the same old stuff? Look this isnt about money, if you look at my mods you'll see that. Ive already bought a replacement exhaust. It is now just about the point. You guys dont want to make it right for me so Im going to. I have TONS of time. I work when i want to, so time off isnt a big deal. You guys are only eight hours away and Ive havent been to LA in a long time. So I guess you'll hear from me soon! THANKS!
It sucks that you paid 1k for something that you can't get any use out of....But i think you will have a very difficult time getting anything from Injen in court for the following reasons:
- Exactly, your transaction was made with someone else, not Injen directly. Injen is likely to take the position that you have never paid them money, and they offered you no express or implied warranty. They could even argue that the exhaust could have been damaged during shipping or altered by the party that actually sold it.
- Too much time has past, i think you mentioned it has been around a year or more since the purchase. Even if you were able to show that Injen offered you a warranty of some kind, you are likely outside their terms for a refund, repair, or replacement.
- Where was the exhaust installed? If not done by an Injen authorized shop or according to their specs for installation, again their position may be that the exhaust was damaged during installation or not installed correctly.
-Where is Injen located? I believe a small claims suit would need to filed in the county where they are located, not the county where you are at.
I think you would have a much better chance of getting a refund from the place you actually purchased the exhaust. Have you spoken with them about this? What was their warranty and return policy at the time of the sale?
Does your credit card company offer any type of "product protection" or extended warranty for things you purchase with it? You should def contact them about this.
why would you try taking a company to court to gain money for something you didnt buy from them directly
- Too much time has past, i think you mentioned it has been around a year or more since the purchase. Even if you were able to show that Injen offered you a warranty of some kind, you are likely outside their terms for a refund, repair, or replacement.
- Where was the exhaust installed? If not done by an Injen authorized shop or according to their specs for installation, again their position may be that the exhaust was damaged during installation or not installed correctly.
-Where is Injen located? I believe a small claims suit would need to filed in the county where they are located, not the county where you are at.
I think you would have a much better chance of getting a refund from the place you actually purchased the exhaust. Have you spoken with them about this? What was their warranty and return policy at the time of the sale?
Does your credit card company offer any type of "product protection" or extended warranty for things you purchase with it? You should def contact them about this.
Last edited by redwillow; May 26, 2005 at 10:37 AM.
G352NV - You and I have been responding to members posts about this problem for over a year now. I believe we were one of the first customers to get the replacement primary pipes from Injen. As you know, my replacement still blows fiberglass. I feel the same about the quality of the Injen SES1992c, which is pure s...! I quickly read some of the posts here. First of all, my exhaust "flutters" @ idle also. Always has and still does. I hate it. I even talked to Injen about that when I was dealing with getting my replacement. Of course they thought I was nuts. Now, my exhaust note has changed for the worse. Also, a customer can only purchase a product from Injen through their distributors, "not" direct. I purchased my SES1992c from one of their distributors. I wish you well with trying to get your reimbursement from Injen. For me, I'm going to throw my SES1992c in the garbage and get a HKS. It's like taking over $1,200 and flushing it down the toilet. Not good. I tell my friends who has any thoughts on buying a Injen product, DON"T! If you need help, like pictures of my fibgerglass cover bumper for court, let me know. Good Luck!
How many people have this problem? I'm thinking a class action suit in Circuit Court may wake them up a tad more than a small claims summons....just a thought....that is what class actions are for (individual claims are too small to really pursue but a whole lot of claimaints in one big lawsuit will make them fix whatever needs to be fixed).
ps. I know I know...attorney's are the devil.....that is of course until you need one
ps. I know I know...attorney's are the devil.....that is of course until you need one
Thats a good call, ill make some calls today.
The reason why its been so long is because they have strung everyone along. Ive had this problem from the start and they've know about it!
The reason why its been so long is because they have strung everyone along. Ive had this problem from the start and they've know about it!
If it's a defective part, then it's always the manufacturers' responsibility, not the retailer. Why would anyone expect the retailer to refund on a product they don't make? Sure, some might do so for PR reasons, but then they subrogate the cost from the manufacturer. This is really a very basic principle of business.
I'm not even sure the case could be made that the product still performs as designed if the system is significantly altered (sound, emissions, etc.) after the fiberglass blows out. Unless the fiberglass permantly affects the bumper finish, you don't have any damages... ...but you can still pursue a refund of the purchase price.
I'm not even sure the case could be made that the product still performs as designed if the system is significantly altered (sound, emissions, etc.) after the fiberglass blows out. Unless the fiberglass permantly affects the bumper finish, you don't have any damages... ...but you can still pursue a refund of the purchase price.
this sounds like fine class action lawsuit material. Find a lawyer with some class action experience and watch him go to work.
-something like $5 off the future purchase of a toshiba dvd player for a suit over their defective players
-a coupon for a free toaster from sears for poor workmship and materials on brake jobs done by their auto center
-something like $ 1.50 and an agreement that VISA/Mastercard would stop charging merchants excessive rates on consumer debit card transactions.
So my experience has been that class actions suits seem to rarely provide much of a benefit to the group of people that were actually screwed over.
Originally Posted by redwillow
If you want to try to force Injen to take some action about this product, a class action might get some sort of result, maybe. But i doubt that the consumers that have purchased the exhausts will see much from one. I have been party to 3 class actions over the past few years and i got a grand total of:
-something like $5 off the future purchase of a toshiba dvd player for a suit over their defective players
-a coupon for a free toaster from sears for poor workmship and materials on brake jobs done by their auto center
-something like $ 1.50 and an agreement that VISA/Mastercard would stop charging merchants excessive rates on consumer debit card transactions.
So my experience has been that class actions suits seem to rarely provide much of a benefit to the group of people that were actually screwed over.
-something like $5 off the future purchase of a toshiba dvd player for a suit over their defective players
-a coupon for a free toaster from sears for poor workmship and materials on brake jobs done by their auto center
-something like $ 1.50 and an agreement that VISA/Mastercard would stop charging merchants excessive rates on consumer debit card transactions.
So my experience has been that class actions suits seem to rarely provide much of a benefit to the group of people that were actually screwed over.
This is not a thread hijacking...but...
While I agree with you 100%, let me explain it from a lawyers standpoint. These are cases where you would usually get nothing anyways. (ie. our firm has a class action where each claimant was overcharged like $15 bucks). Without an attorney's fee provision, you would get nowhere and it wouldn't be worth your own time to handle it. But, if you get a whole lot of them together, it makes the defendant have to act in some way.
Also understand that its not like you file a lawsuit and they pay up right away and it looks like the attorney's get a windfall (which I'll admit sometimes they do). Most of these class actions take 3-5 years of litigation before anything happens and by that time there are like 10 main attorney's representing the claimaints who all want a piece of the pie. So, the whole "King of Torts" thing is rare.
And these type of lawsuits keep the big companies in check. (For example, I think Visa or Mastercard had one where they overcharged like $.10 in finance fees and they settled for millions b/c of the amount of claimaints.) It reinforces the notion that damages are damages, no matter how small.
I know this wont change your mind about class actions or lawyers in general, but, I figured I'd tell you our side...



