I disagree with the explanation / grounds provided"Response submitted and accepted by Attorney General of SD
May 16, 2012
Office of Attorney General
Division of Consumer Protection
1302 E. Hwy 14, Suite 3
Pierre, SD 57501-8503
Dear Mr. Klinger,
I am writing in response to the complaint filed by John Marshall of 3000 Old Yankton Road, Sioux Falls, SD 57108.
On March 17, 2012, Ideal Yardware received an Ariens Model # 901001 Rocket Tiller checked in by Jay Marshall, also of 3000 Old Yankton Road, Sioux Falls, SD 57108. We were told that the tiller had not been used for many years and that their request was to get it running.
Our initial inspection and diagnosis was as follows:
1. The tiller was produced by the Ariens Company of Brillion, WI in the year 1974. (38 years old)
2. The tiller showed evidence of lack of preventative maintenance and/or storage maintenance.
3. Jay Marshall had told us that the machine had not been used for years.
4. The tiller showed evidence of bad gas/varnish build-up in the carburetor venturi.
5. The tiller engine did not produce spark through its’ ignition system, needed to run and operate.
6. The tiller showed evidence of drying in the oils seals.
The first step in our repair was to fix the ignition system to produce spark. We found that the points and condenser were worn out and that the magneto was rusty, causing the engine not to create spark. Due to the age of the tiller, and that the engine manufacturer (Tecumseh engine) is no longer in business, parts were not immediately available. John Marshall stopped into our store on April 14, 2012 to check on the tiller. I informed him that the parts for the ignition were on order, and that we would be in touch once received. We received the parts on Tuesday, April 17 and installed them in the tiller engine. This repair allowed the engine ignition to create spark.
The initial inspection and age of the tiller prompted us to call the number given to us by Jay Marshall, which he answered. We informed him that we had repaired the issues that caused no spark. He validated that he had also known that the engine did not have spark, and seamed to appreciate that we had fixed that issue. We suggested that due to the age of the tiller and our inspection, that if he intended to use the tiller, that it would be in his best interest to replace the carburetor assembly, and possibly to address some of the aging seals on the transmission. He asked us to hold off and that he would discuss any further repairs with his father, John Marshall.
On Thursday, April 19, 2012, John and Jay Marshall came to our store and asked to talk to the mechanic that was working on their tiller. John asked our mechanic to remove the original carburetor so that he could take it home and he might try to “clean” it. Later that afternoon, Jay and John returned to our store with the carburetor assembly stating that they had “cleaned” it. However, at that time I pointed out that the carburetor still showed signs of corrosion/varnish, and that a very critical port had not possibly been cleaned due to evidence that the welch plug had not been removed. Also, several parts were missing including the float bowl gasket and the high-speed jet adjustment assembly gasket. The cleaning agent used was parts solvent, which has not been recommended by manufacturers for many years due to the lasting effect on some carburetor components. I told them at that time that I would not guarantee the repair, but that we would install the missing gaskets and mount the carburetor. When our mechanic went to install the gaskets, evidence showed that the carburetor contained serious corrosion/and varnish, and probably would not run correctly.
I asked the mechanic to call Mr. Marshall one more time to suggest rather than fighting this old component and having to charge extra time, that he would get better function and reliability from the tiller if the carburetor were replaced. When the mechanic called, Jay Marshall answered, and we informed him that we had fit the carburetor, but we did not feel comfortable running the machine in the components current condition. Jay Marshall replied “ Dad, you need to talk to this guy before I kill him.” Our mechanic informed John Marshall of the situation and he was told to hold off and they would decide what to do.
Our mechanic then informed me of what was said, and I told him to stop right where he was with the repair, do nothing more, and give me the work order. John Marshall called back at @4:45 pm and started to berate me about our incompetence and that he was coming to get the tiller. I informed him that the comments made by him and his son would not be tolerated, that I had made the decision to stop the repair at this point, and that I wanted the tiller picked up. I informed him of the bill, $97.21 for parts and labor to that point. He said that he was not paying for incompetence and he would pick up the tiller. I informed him that since he was refusing to pay for our time and parts, the repair would have to be in cash (cash cannot be charged back like a check or credit card). The whole time I was trying to speak, both John on the phone, and Jay in the background, were continuing to yell.
On Saturday, April 21, 2012, John and Jay Marshall entered our place of business. Trying to avoid me, they approached another employee and asked to pick up their tiller. The employee again informed them that the repair would have to be in cash, and they again challenged him when we would not take a check or credit card. I was asked to intervene. I informed them that due to the nature of their actions and verbal insults, that the repair was to be paid in cash before I let the tiller go. Jay and John both became very upset and verbal about the situation. John at first denied that I had informed him of the cash settlement for the repair, and then admitted that he did know the amount, but apparently chose to disregard the conversation about having to pay in cash. Other customers were very uncomfortable with their actions and verbal threats. I moved the discussion off the sales floor and reiterated that the repair would have to be paid in cash, and that due to their actions and verbal threats, they would not be welcomed back into our place of business. Jay and John left and returned shortly with cash to pay the bill. John proceeded to accuse me personally of trying to sabotage his tiller. I asked them both to leave the business property.
My job here at Ideal Yardware is to protect the interests of Ideal Yardware, our employee’s, and our customers. Suggestions that we make are always in the best interest of the customer in the use of their product, and in safety using the product. The suggestions that were made to John and Jay Marshall were to protect their investment in this tiller. The suggestions were made not only from a functional standpoint, but also a safety standpoint. The age and condition of this tiller at the time that it was checked-in was not functional, or safe. The carburetor assembly in its current condition posed a functional problem, as well as a safety threat and environmental threat in the event that it leaked gas.
The actions and verbal threats by both John and Jay Marshall are also not tolerable. We were attempting to repair an older piece of equipment back to a functional and safe condition. John himself admitted that the repair he paid for, fixing the ignition and installing the missing parts on the carburetor, made the tiller engine start which it could not do before we worked on the unit. While I question that the tiller is running correctly or safely, I stopped the repair before total completion due to how John and Jay were treating our employee’s.
I believe that the repair as paid to be fair (see attached invoice from April 19, 2012), and admittedly functional in John Marshall’s own words.
Thank you for your time. Any further questions, please feel free to contact me personally.
Sincerely,
Ideal Yardware, Inc."