Public Mediation

smart performance inc-Dispute-#7738505

J. H. vs. Smart Performance Inc.
217 Lorain Place, Los Gatos, California, 95032-1755, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 7738505
    • Amount Involved: N/A
    • Filed On: Jan 04, 2013
    • Posted On: Jan 15, 2013
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Contract / Agreement / Promise dispute
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Statement of Claim
Claimant says:
"THEIF.sent my suspension in to have his experimental parts updated for more testing in july 2012, after 2 months of him telling me he will bring them to me at the track or to my home and never showing up or answering his phone when I would call to find out what was going on. Them not even being touched I requested them back in whatever condition they were in. He claimed he didnt have time to deal with that at the time, offered and even demanded that i will come get my stuff on numerouse occasions. When i would text and tell him im on my way he would just close the the shop in the middle of the day and not answer his cell phone when i was at the shop waiting. This guys reputation in the industry is not very reputable. I spent a couple years helping this shop by letting him experiment on my suspension and giving him feed back. The suspension never was up to standards for faster riders plus with so much down time with him alway taking 2 to 3 weeks to get the revised setting in the suspension and back to me to test. It is going on 6 months and the the suspension is still dissasembled and sitting there even after i have told him dont touch them. He claims i have to pay him money if i want him to hurry and put the forks and shock back together and get it back to me, or he says just be patient and wait and he will get them to me. I have told him i no longer want him to experiment on my suspension and to give them back. I've tried to call the police but they say they can't do anything, even though I have paperwork with serial numbers that says the suspension is mine."
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Additional Communication Between Claimant and Smart Performance Inc. Hide
  • Jan 11, 2013, Claiming party added:
  • dave.johnson@smartperformanceinc.com
    another email address i found

  • Jan 11, 2013, Claiming party added:
  • still waiting,more than willing to bring the shock to your shop and pick up my forks and 2 shocks that you still have possesion of.an all this will go away.i have also been texting you this info.

  • Jan 11, 2013, Claiming party added:
  • please return which is not yours,my forks and 2 rear shocks,there is no money owed,there was no inclenation that i would owe u money for testing and developing your exprimental suspension.so i dont understand hy you are going around saying i owe you money.my texts state i no longer want to work with you and ot to touch the suspension and to just send it back.i has pics now showing that the suspension is still in the box i sent them to you in untouched just the way i sent them.so lets meet up so i can get them back and we can stop playing these games your playing.there is honestly no reason for all this

What Claimant Wants Hide
What By When How Much
1. the return of my forks and 2 shocks,and this will go away with no more negative feedback in person and the web Jan 15, 2013 N/A
Non-cash: 1 items
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer


There has been no response to this claim from SMART Performance Inc.. This claim will remain posted until resolved
Offer History
Jan 04, 2013
Claimant's Terms of Settlement to SMART Performance Inc.
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  • Comment: by Jennifer Sheehy — Online mediator
  • On: 01-15-2013
  • There are several laws in your state that govern rights of customers doing business with auto repair shops. While I’m not positive if this would be the same thing, as the shop you are working with seems to be more of a specialty shop than a regular repair shop, perhaps the guidelines they have developed to help people with complaints would also be of service to you. The Attorney General for the state has a Consumer Protection section specifically set up for complaints about auto repairs and issue involved, and perhaps they can help you resolve your dispute.
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