A855 - 5 Speed

Sent an email today, via the Passon website and to Jamie himself.

Will follow up within a few days with a more detailed certified letter, then a for hire professional letter.

Checked the jurisdiction civil limits in PA, it looks like it will cover the full amount plus.

3 days without a call back from any business is absolutely unacceptable, let alone 2.

I'm not accepting the fact that I now own an expensive 5 speed junk-POS transmission, and I'm going to continue to voice my concerns.

Part of the letter sent today:

SUBJECT: A833 5 SPEED GEARBOX PRODUCT IMPLIED WARRANTY OF MERCHANTABILITY and BREACH OF CONTRACT

With reference to the above and further to various correspondence between myself, you, your company, GFI (Garrett Fuss Inc.), Seth Garret, Christine Garrett, and John Huff, I confirm my belief that the new A833 5 SPEED GEARBOX purchased by myself and delivered on May 3, 2018 is not of merchantable quality. In addition, Passon Performance, Inc. and Garrett Fuss Inc. are in breach of contract.


Therefore, I am formally requesting you provide a refund in the amount $6,004.86:

Check made payable to Passon Performance and cashed on 4/20/2018:

$5,760.00

Gear oil, 3 quarts each time I had to install transmission:

$116.32

Shipping for warranty work:

$128.54

Total:

$6,004.86


The total does not include additional time and funds spent due to multiple installations and removals, the purchase of specific parts required to install the A855, among them a new 18 spline clutch and shifter handle, and the loss of use of the vehicle.

It also does not include packing and shipping back to you, which of course, should be the responsibility of you and your company as I should not be subjected to any additional negative impacts.


The particulars of the claim against the IMPLIED WARRANTY OF MERCHANTABILITY are as follows:


1. Gearbox does not function correctly and as designed, for it’s intended purpose or ordinary use, in particular the inability to stay in 4th gear under normal driving conditions.


2. Following extensive research of your product, and confirmation from both GFI and John Huff, it appears this improper function is a known defect.


The particulars of the claim against the BREACH OF CONTRACT are as follows:


1. Passon/GFI refuses to honor the terms of the active warranty, demonstrated by the failure to reply to multiple communications, as well as the refusal to honor the written agreement to supply a new gearbox of equal or higher specifications.


2. Passon/GFI’s inability to supply a new gearbox of equal or higher specification within a reasonable amount of time, and based on the status of my current transmission as well as the replacement transmission, at all.


I have attached a detailed list highlighting some of the dealings with your company and its' subsidiaries to date, including proof of purchase.

I trust this matter will be dealt with promptly and professionally, and consideration will be given to the distress and inconvenience that has been caused to myself and my family.