View Full Version : Advise for Resolving a Dispute w a Builder (SOT)
**mods if this is in the wrong section or in any way not appropriate for this forum, please remove. i appreciate the experience and intelligence of the membership on this forum so im hoping to find some constructive thoughts on resolution not criticism for any of the parties involved**
I need some thoughts on how to handle a situation I am in currently in the midst of negotiating.
At this point I think it would be unfair to name names/point fingers so I will attempt to detail the facts as I can without calling out anyone specifically
I contacted a reputable Builder in May of this year regarding the costs and processes involved with putting together a custom firearm from a de-mil kit and receiver. I was specifically interested in which receiver he had the best results with. He suggested the a certain Manufacturer. By chance, the Manufacturer was offering a complete build kit (receiver, parts kit and assembly small parts) package. Manufacturer and Builder had known of each other and both agreed that the kit could be shipped directly from Manufacturer to the Builder.
Builder received kit in mid June and contacted me to confirm reception and confirm build specs. He informed me that delivery would be in 3-4 months.
Builder again contacted me appx 3 weeks ago to confirm build specs, price and FFL info for completed project. He stated he would beging the project shortly and have it completed in a week or so. Builder contacted me last week to ask where bolt carrier group was and stated it was not in the kit sent from Manufacturer. I contacted Manufacturer and they stated kit was sent with all parts and it was impossible for BCG to be missing. Builder said he was positive it was not in the box which he had just opened the day he last confirmed build time and delivery date.
I have been going back and forth (all communication from day 1 with both Manufacturer and Builder have been via e-mail) and have mediated between Manufacturer and Builder to find resolution. The missing parts were very costly and neither Builder nor Manufacturer wanted to accept responsibility for replacing them.
After 2 weeks of negotiation, Builder offered me a $100 credit towards the build as compensation. I informed the Manufacturer of the offer and asked what they could do. Today the Manufacturer called me they "called in a favour" and can replace the part for a price that, while better than retail, is nevertheless more expensive than quite a few AR's out there. Manufacturer, without admission of guilt, offered to pay half of the cost of the parts as a gesture of good will. When I informed the builder of the Manufacturers offer in hopes of him agreeing to match it however he said that he could not do better than the credit he had initially offered.
The both the parts kit and the build are very expensive. While I appreciate the concessions made by both Manufacturer and Builder, they had agreed prior to purchase that shipping the kit directly to builder had been done before and was not an issue. Long winded story indeed, but that leaves me asking...
What do I do?
In retrospect its easy to point fingers or say that if i had the kit shipped to me and inspected it that this would not be an issue. Frankly, i probably would have left it in the box and just shipped it to the Builder without even opening it. At that point i wouldnt haven known enough to even try to inventory parts. It is what it is not andone of the parties is not owning up to a very costly mistake. Any input towards an intelligent and fair way to proceed is greatly appreciated
You are to blame. Eat the cost yourself.
You purchased items sight unseen and sent them directly to someone else.
I would never do this, especially with an expensive parts kit. You need to have it in your hands and go through everything to make sure everything is there before you start the build.
Trying to save an extra $20 having it shipped directly to the builder and you get what you pay (or didn't pay) for.
What type of gun was it?
You are to blame. Eat the cost yourself.
You purchased items sight unseen and sent them directly to someone else.
I would never do this, especially with an expensive parts kit. You need to have it in your hands and go through everything to make sure everything is there before you start the build.
Trying to save an extra $20 having it shipped directly to the builder and you get what you pay (or didn't pay) for.
What type of gun was it?
Great points Scott, and I am aware of what I could have done to prevent this. That is not the question I have though. Whats done is done and I am not trying to assign blame to anyone. However I am willing to accept blame for my naivete regarding the parts in the weapon as well as my trust in the two parties involved. Both the Manufacturer and Builder have very solid reputations. Both operate very small shops (Builder is a solo op, Manufacturer is 2 persons) From that information, the agreement from both parties to do a direct ship and their experience working together in the past, I felt it a safe bet that this would not be an issue. It was not a good descision on my part , but not so poor that I am willing to pay a small fortune for resolution.
While both parties have assured me that their methods of packing / unpacking are fail safe, one of them is wrong. I realise that no system is 100% and it is quite possible that an honest mistake has happened. after speaking with the manufacturer and the Builder about their methods I have my own opinion of what happened but there are a variety of scenarios that could have occurred on either end of this transaction. I dont want to speculate any further on the events of the past. I am asking for opinions on how you would procede from this point.
Not sure how your "system" works but are the parts controlled at all? Serial numbered and registered?
I would ask the builder to have a REALLY good look around for the parts and offer him an "out" this way.
If you have no joy with that I would think the builder has a problem.
"Builder received kit in mid June and contacted me to confirm reception and confirm build specs. "
If you can show he confirmed he had the parts then he's in a difficult position. I hope you did everything via email or took notes of the calls at the time.
He has had "control" of the goods all this time, he confirmed he had the kit.
How did you pay? Did you pay the builder to get the parts in or did you pay them both? Did you pay any extra to the builder to arrange this? Does he has the shipping box? Was it insured?
A difficult situation which seems to come back on the builder (it would here) BUT I would take a hit and pay up 50% of the part. This is fair and reasonable.
OTOH, expect a fight to get anything going on what you have said so far.
Who manufactured the kit?
After thinking about this situation and how it could have been prevented, I feel foolish as usual. I am not angry at anyone other than myself though I had hoped that due to the small scale of both Builder's and Manufacturer's operations, that the part would turn up eventually but that is not the case and that is what is disappointing.
During a couple of stages of this process, it seems that I assumed too much. I have experience with a variety of different builders. After the Builder confirmed receipt of the parts from the Manufacturer, I assumed that receipt of the kit included opening the box, inspecting the contents and placing them in a bin marked specifically for my build. I felt that for the amount that the Builder charges for his services, he was highly detail oriented and organised. This was not the case, Builder placed the box on a shelf without opening it until he was ready to begin work on it 6 months later. I have all communication documented via email however the fact that the box was received by the Builder in June and not opened until December creates issues attemting to claim losses via postal insurance or my credit card company
The Builder, Manufacturer and I have been working amicably to find a solution. They have made their offers to resolve the situation. My naivete will likely cost me money. This is a learning experience and I know that lessons arent always free, and this one will be particularly costly. Again, I have my own feeling on what happened to the parts but is purely my opinion based on my conversations with the two sides regarding the inventory and packing methods they shared with me. If i was dealing with large companies it would be more difficult to narrow down where the issue could have occured however I am deal with parts that no more than 3 persons handled. Since both Builder and Manufacturer have good reputations, I am hoping for an honest mistake somewhere in the process. For either party to step up and offer to help knowing it was not their fault is appreciated and shows good business sense.
Does this situation suck for me? Of course, its neither a cheap nor readily available part. I can investigate the possibility of seeing compensation from my credit card company. Even a long shot pays off once in a while. I can also think about splitiing the financial responsibility 3 ways (myself, Builder and Manufacturer). I was hoping that one party would realise that they made an error and take responsibility for it but it is quite possible that neither honestly see any way that they can be wrong.
I realise that this post may be interpreted in a variety of lights by readers. Some have been burned by others before, some can blame my own stupidity and call it laziness, and some can sympathize with the feeling of wanting something so badly that common sense and due diligence is overcome by emotion of need/want. Any wayyou view it, what has happened up until now cannot be changed. I am trying to set my own feelings aside and get an honest thought on the proper way to manage the situation as it stands currently
Situations like this just suck all around.
Reading between the lines, it sounds like you have a $1k BCG ("more expensive than quite a few AR's out there") that the manufacturer has offered to pay $500 of ("Manufacturer, without admission of guilt, offered to pay half of the cost of the parts") and the Builder offered to pay $100 of ("Builder offered me a $100 credit towards the build as compensation"), leaving you with $400 to eat.
While shitty, I'd pay the $400. You don't say what kind of gun this is, but if it has a BCG that is "more expensive than quite a few AR's out there" then the total cost must be astronomical and the $400 must be a small percentage. I'd just pay it so I could be done.
I do, however, agree that the builder should have a policy of opening every package and verifying contents upon receipt if he agrees to receive the parts direct. While it's easy to blame the customer, the builder and manufacturer agreed to this arrangement and therefore bear some of the burden. Further, if there was a receiver in that package he is required to open it and verify the contents and serial number for his log books.
Who manufactured the kit?
I think its premature to start naming names at this point unless there is a valid reason to do so. The" Manufacturer" only makes the receivers, not the kits. However, they also receive de-milled parts from Dept's and repack them into individual kits. The method in which they receive and repackage the parts was explained to me by one of the 2 principals of the Manufacturer. To me, unpacking, sorting and repacking leaves many stages where an error can occur. In my opinion, this is where the parts got commingles/lost/misplaced etc. To be fair, I have never see their shop or their viewed their methods but it would seem that such an important part, lost in such a small place ,should turn up at some point.
The entire process has been out of my control. Could I have taken the extra time to have the parts sent to me directly? Of course, however, as I mentioned in my original post, I was not knowledgeable enough about the platform to have accurately inventoried the parts. I paid alot of money to the Manufacturer for the kit and the receiver. I also owe the Builder almost as much for his work.
In my business there are problems, issues, concerns etc that I face on a daily basis. I don't have all the answers but know I need results. I pay experts to resolve those issues for me. In this case, I paid quite a bit of money for this project based on the reputation and experience of Builder and Manufacturer
There is also no guarantee that the Manufacturer would have responded to me or believed me had I reported the most important and expensive part missing. When I first emailed the Manufacturer to inform them of the missing parts, they replied that it was impossible that it was not included in the box. They maintain that theory however have made an offer to resolve based soley on customer satisfaction.
Situations like this just suck all around.
........... Further, if there was a receiver in that package he is required to open it and verify the contents and serial number for his log books.
As usual, that was well stated Rob. It does suck. I had the feeling that this was going to cost me, I was just unsure of how much. What adds to the "suckitude" factor is that the Manufacturer is selling the same parts kit/receiver package for much less than I paid. Just makes me feel even more foolish. I have had great success in finding bargains for my collection
Regarding the logging of the receiver, I failed to mention that this receiver was shipped to the builder as a flat, not a completed/serialised part.
After thinking about this situation and how it could have been prevented, I feel foolish as usual. I am not angry at anyone other than myself though I had hoped that due to the small scale of both Builder's and Manufacturer's operations, that the part would turn up eventually but that is not the case and that is what is disappointing.
During a couple of stages of this process, it seems that I assumed too much. I have experience with a variety of different builders. After the Builder confirmed receipt of the parts from the Manufacturer, I assumed that receipt of the kit included opening the box, inspecting the contents and placing them in a bin marked specifically for my build. I felt that for the amount that the Builder charges for his services, he was highly detail oriented and organised. This was not the case, Builder placed the box on a shelf without opening it until he was ready to begin work on it 6 months later. I have all communication documented via email however the fact that the box was received by the Builder in June and not opened until December creates issues attemting to claim losses via postal insurance or my credit card company
The Builder, Manufacturer and I have been working amicably to find a solution. They have made their offers to resolve the situation. My naivete will likely cost me money. This is a learning experience and I know that lessons arent always free, and this one will be particularly costly. Again, I have my own feeling on what happened to the parts but is purely my opinion based on my conversations with the two sides regarding the inventory and packing methods they shared with me. If i was dealing with large companies it would be more difficult to narrow down where the issue could have occured however I am deal with parts that no more than 3 persons handled. Since both Builder and Manufacturer have good reputations, I am hoping for an honest mistake somewhere in the process. For either party to step up and offer to help knowing it was not their fault is appreciated and shows good business sense.
Does this situation suck for me? Of course, its neither a cheap nor readily available part. I can investigate the possibility of seeing compensation from my credit card company. Even a long shot pays off once in a while. I can also think about splitiing the financial responsibility 3 ways (myself, Builder and Manufacturer). I was hoping that one party would realise that they made an error and take responsibility for it but it is quite possible that neither honestly see any way that they can be wrong.
I realise that this post may be interpreted in a variety of lights by readers. Some have been burned by others before, some can blame my own stupidity and call it laziness, and some can sympathize with the feeling of wanting something so badly that common sense and due diligence is overcome by emotion of need/want. Any wayyou view it, what has happened up until now cannot be changed. I am trying to set my own feelings aside and get an honest thought on the proper way to manage the situation as it stands currently
what should be: the builder acknowledged and signed for receipt of parts. it should be his responsibility to confirm that all was well. if not, he should resolve issue with manufacturer.
what is: you got two guys pointing fingers at each other leaving you in the lurch.
the reality: if you want this gun finished and delivered within your lifetime, you're just gonna have to suck it up, buck up, and shut the... well, you're gonna have to pay the $400. good luck...
You are to blame. Eat the cost yourself.
You purchased items sight unseen and sent them directly to someone else.
Sorry Scotty, you are simply wrong here. Look again at OP's facts (which are not in dispute) [my comments are in brackets. Bold added for emphasis]:
"I contacted a reputable Builder . . . I was specifically interested in which receiver he had the best results with. He suggested the a certain Manufacturer. . . . Manufacturer and Builder had known of each other and both agreed that the kit could be shipped directly from Manufacturer to the Builder.
Builder received kit in mid June [DIRECTLY FROM MANUFACTURER WITHOUT PASSING THROUGH OPS's HANDS] and contacted me to confirm reception and confirm build specs. He informed me that delivery would be in 3-4 months.
Builder again contacted me appx 3 weeks ago to confirm build specs, price and FFL info for completed project. He stated he would beging the project shortly and have it completed in a week or so. Builder contacted me last week to ask where bolt carrier group was and stated it was not in the kit sent from Manufacturer. I contacted Manufacturer and they stated kit was sent with all parts and it was impossible for BCG to be missing. Builder said he was positive it was not in the box which he had just opened the day he last confirmed build time and delivery date. "
There are only 3 possibilities here:
1) Manufacturer failed to include BCG. He claims this was impossible. Really?
2) Builder lost BCG during the 6 months he had the kit laying around his shop & claims he did not notice until he did a late inventory months after receipt of the kit (see where I am leaning here?).
3) Part was stolen out of package by FedEx/UPS/US Mail employee & then the thief re-sealed box to conceal theft (sound likely to you?).
At NO POINT IN TIME did the OP ever have possession of this package. Please explain how the loss could possibly be HIS fault??!?
SOMEONE is at fault here. The only person we are sure of who is NOT at fault is: the OP.
Furthermore, the OP specifically asked for the builder's recommendation as to parts suppliers. In good faith, he relied on the builder's suggestion - and that suggestion just happened to be a friend of the builder.
Suddenly, now, these two friends are asking the OP to pay for the lost part?!?! No way. This appears to me to be an attempted fraud on the OP by one or both of the vendors involved.
OP - you need to hold these guys' feet to the fire here. One of them lost the parts - otherwise, they would be calling in an insurance claim against the shipper. Contact the state attorney general's office in the state or states where these guys operate their schemes. In the case of Gary Gucciano/Solstice Arms, that tactic worked (eventually).
Good luck & sorry to hear of your misfortune.
What adds to the "suckitude" factor is that the Manufacturer is selling the same parts kit/receiver package for much less than I paid. Just makes me feel even more foolish. .
In that case, it appears that manufacturer could afford to ease your pain by $400 without losing money because he is obviously still making a profit even though he charged you a lot more $$ for the exact same kit.
Sorry Scotty, you are simply wrong here.
I am not mistaken about what to do.
I build these all the time.
I have everything sent to me so I can verify everything is complete and immediately correct any errors, not wait for months to go by.
I do not trust anybody no matter how reputable they are. I have never found anyone as meticulous as me when it comes to putting together a parts kit.
At NO POINT IN TIME did the OP ever have possession of this package. Please explain how the loss could possibly be HIS fault??!?
.
The OP would have ironclad proof if he inventoried the kit before starting the project.
He then could, with 100% certainty, say the builder was lying and smear his name all over the internet if thats what it took to get even.
Its all about covering your tracks.
I have been in this game long enough to realize this. You simply cannot trust anybody.
I assume this is some type of belt fed or a SIG550 or HK or something along those lines.
SOMEONE is at fault here. The only person we are sure of who is NOT at fault is: the OP.
Furthermore, the OP specifically asked for the builder's recommendation as to parts suppliers. In good faith, he relied on the builder's suggestion - and that suggestion just happened to be a friend of the builder.
Suddenly, now, these two friends are asking the OP to pay for the lost part?!?! No way. This appears to me to be an attempted fraud on the OP by one or both of the vendors involved.
OP - you need to hold these guys' feet to the fire here. One of them lost the parts - otherwise, they would be calling in an insurance claim against the shipper. Contact the state attorney general's office in the state or states where these guys operate their schemes. In the case of Gary Gucciano/Solstice Arms, that tactic worked (eventually).
Good luck & sorry to hear of your misfortune.
I appreciate all the input guy's. My post was not to stir controversy, it was to help me remain diplomatic while this is sorted out.
I have to add that the Builder said that he had great success working with the receivers from the Manufacturer. It could be coincidence that the Manufacturer also happened to sell a build kit complete with receiver, parts kit and receiver build up items. I do not know if Builder and Manufacturer are friends. I am not accusing them of being in cahoots to rip me off (no matter how strange I may find it that the most expensive piece of the build is missing)
The possibilities of what happened to this part are very limited. If I assume the best (which has thus far failed me) and take the track record of each party, I can hope that it was an honest (albeit very careless) mistake either packing (most likely) or unpacking the box. This lack of attention to detail is not a good sign from a builder or manufacturer but no matter what the cost, many lessons have been learned.
Proving who is fully liable would be difficult at best. That is not my goal in this exercise, I just want this build to be in my hands and to avoid investing any more money into the project.
At each point of the process there could have been more oversight to ensure better control ...
-Manufacturer could have included packing slip with inventory of contents of box
-I could have accepted delivery of the box and checked it myself (though I do not know how the Manufacturer would react to a report of that part missing) I would have had protection of credit card company at that time as well
-Builder could have (I think should have) either insisted that he receive parts only from me and I could have documented them prior to shipping
-Builder should have opened the box when delivered to confirm that all parts necessary for the build were in order and in usable condition.
I did not want this thread to evolve into an assignment of blame. There was carelessness at each level of the process. It is history. I hope that the Manufacturer and Builder learn something as well. Do I feel that the price I am paying for this lesson is too high? Of course. While I don't want to roll over and give up , the (cold) fact is that I don't know if I have much of a choice at this point . I don't know what recourse I may have other than never dealing with these parties again.
Like Rob S said, "It sucks"
But why does it always seem to suck for me?
FWIW, without knowing the parties, I think you acted reasonably in avoiding having yourself be a middle man. I've done it before when I had an engine built for me (had certain parts drop shipped to the builder). As it turns out, not the best idea for you, and I can easily see where I might have ended up in a similar position. Hindsight is 20/20 and I will probably learn from your experience here. I do think that, if you put yourself in the shoes of the builder and the manufacturer, their offers are not that bad considering that each thinks they did nothing wrong and a lot of time has passed. A nobody wins outcome is not unreasonable, I don't think.
.... I do think that, if you put yourself in the shoes of the builder and the manufacturer, their offers are not that bad considering that each thinks they did nothing wrong and a lot of time has passed. A nobody wins outcome is not unreasonable, I don't think.
Sad, but true. I have noted to both of them that I appreciate the financial courtesy that they have each extended me.
On another front, I investigated the possibility of purchase protection from AMEX. They are usually very helpful however their protection is only valid within 90 days of purchase date. They did however suggest that the Builder is responsible for examining any package that they sign for while the delivery person is present. That is the right way to do it however it is not the most practical.
EzGoingKev
12-15-09, 17:21
The builder dropped the ball IMO.
Once he agreed to have the parts shipped to him he accepted the responsibility of ensuring that everything that was supposed to be there was there.
The thing is that you are stuck because you need the builder to complete your project and you do not want to piss him off. On the other hand I might just tell him to stop where he is, bill me for the work done so far, have the items shipped to my FFL, inventory the parts with the FFL, and then find another builder.
Once he agreed to have the parts shipped to him he accepted the responsibility of ensuring that everything that was supposed to be there was there.
It is unreasonable to expect the builder to open up the shipping box, take inventory, and then shelve this box for 3 months until the OPs slot comes up in the production schedule.
It should be expected this box to be immediately shelved and then opened/inventoried for the first time when the OPs time has come.
I would have also sent the absolute minimum of parts to the builder. Just the barrel, receiver, and bolt, etc. and kept all the other stuff at home. Especially with a kit that has matching serial numbers.
I would also like to know what type of gun this was. If it doesn't have a serialized bolt to the rest of the kit, then buy a new one and be done with this.
[QUOTE=scottryan;517594]It is unreasonable to expect the builder to open up the shipping box, take inventory, and then shelve this box for 3 months until the OPs slot comes up in the production schedule.
It should be expected this box to be immediately shelved and then opened/inventoried for the first time when the OPs time has come.
QUOTE]
That's harsh man. Again, I have inferred anything other than an honest mistake and have not even assigned blame or guilt. If the Builder did not want the responsibility of direct delivery, he should not have accepted it. I have neither accused the Builder of negligence nor implied his responsibility for the loss.
I just spoke with UPS. Signing for a package does indeed imply responsibility for its contents however, they offer up to 9 months to make a claim for damage or loss. While I can't imagine UPS even reviewing this claim, it is worth a shot.
I am trying to maintain diplomacy and seeking only a fair solution.
Builder has just offered to add some small parts to his contribution to my case
Scotty...the bolt is not serialised to the kit. I could find a new one. However, after analyzing the information I have collected, it is too early for me to accept that large an amount of financial responsibility. I feel that there is more information to be gathered before making a conclusive decision
If the Builder did not want the responsibility of direct delivery, he should not have accepted it. I have neither accused the Builder of negligence nor implied his responsibility for the loss.
It has nothing to do with delivery. I has to do with taking inventory and parts sitting around for months in a shop that is probably unorganized.
The act of him receiving the package is not the issue.
I just spoke with UPS. Signing for a package does indeed imply responsibility for its contents however, they offer up to 9 months to make a claim for damage or loss. While I can't imagine UPS even reviewing this claim, it is worth a shot.
That has nothing do with it either. The act of him receiving the package is not the issue.
Your only realistic course of action is to provide a new moving parts assembly to the builder or ask for your gun back and install a new one yourself. Eat whatever cost is associated with this.
I am well aware the builder probably lost it, but you have no way to prove it. You should be thankful the parts are not serialized to the rest of the kit.
You have no proof of who is responsible for the missing parts on this matter so discussing this further is pointless.
Nathan_Bell
12-15-09, 19:24
It is unreasonable to expect the builder to open up the shipping box, take inventory, and then shelve this box for 3 months until the OPs slot comes up in the production schedule.
Only a fool does that. Particularly if it is in the firearms game, with the legal ramifications of shelving items sight-unseen, but no-one that is scheduling assemblies out as far as the builder here is has time to burn. Most folks who deal with assembling sub-assemblies learn to actually check the things you have coming in, so as to confirm that the time slot that is scheduled for the build is not screwed up by missing parts. Now the builder has hours tied up with trying to un-f**k this situation, when he could have just looked at the damned box when it arrived and confirmed what he would be needing in a quarter of a year would be there.
You might not inventory it on your books, but you must confirm what you have, be-it a mechanic's shop or a contractor.
No-one in this situation is clean of errors, but the MFG and Builder are the two that carry most of the blame, with the OP having the least. He is trusting the MFG enough to buy their products and the Builder enough to properly and safely assemble them, is he that wrong to assume that they are competent enough to handle shipping a package and properly inventorying it?
is he that wrong to assume that they are competent enough to handle shipping a package and properly inventorying it?
I would like to think so but you can't put anything past anybody.
While only one company is responsible for this, they can both be seriously hurt financially by this. If they were smart the 2 companies would resolve this between them selves without asking the customer to pay anything.
Just think about how many customers both companies can potentially lose over this, I am sure just losing a couple customers will cost them a lot more than this one part.
For the third (or fourth?) time... What gun is being built?
EzGoingKev
12-15-09, 21:13
It is unreasonable to expect the builder to open up the shipping box, take inventory, and then shelve this box for 3 months until the OPs slot comes up in the production schedule.
Well I am sure that if this was to go to small claims court a judge would see things differently.
When the builder accepted the responsibility of having the kit shipped to him he accepted ALL the responsibility that goes along with it. You can't just pick and chose what is convenient for you.
I would never do business with anyone who couldn't take 5 minutes to check a shipment. The box then can be closed back up and put on the shelf.
Is there a written contract on what the deliverable is?
If so, the builder has to deliver that.
If not, can it be proven what he said he would deliver? (emails, etc)
Sounds like AMEX was used to make payment. Just dispute the payment (partial dispute) equal to the amount to buy a new BCG. AMEX almost always sides with the customer and for many classes of businesses there is no recourse on the merchants side with AMEX (one reason many don't accept AMEX).
I would not screw around with this any more. The builder, IMNSHO is the one morally responsible to make good on this as he did recommended and arranged everything, took delivery without making an inventory (I always inventory my shipments that come in whether or not I plan on touching it soon), and left things lying around, and most likely is the one who lost it.
If he will not make good on it then get the parts back and go somewhere else.
Here is a lesson for everyone.
When I built a M14 for me, I did it myself because I just couldn't trust anyone with the parts that took me 5 years to find. I had all original and new condition H&R parts on a LRB receiver. These parts were matching down to 3 months time period of production and I had several thousand $$ invested in this.
I was too wary of builders doing national match "enhancements" that I didn't want thinking they were going to do me a favor.
I also didn't want any refinishing or trigger work and I was afraid they would try to sneak that in.
I also didn't want any parts swapped (ie stolen) in their shop since I could assume these were some of the nicest stuff they had ever seen.
I was afraid of tool marks and other nonsense because some of these people just can't help putting metal tools to metal parts.
Many of these guys that build try to out-analyze the the owner thinking they are doing it better because most of the time the owner doesn't know shit about anything and are trying to make the gun "better" for the owner. They rarely, if ever, have to deal with someone that knows more than them about the stuff.
The same thing happens in the construction industry especially custom homes.
I bought all the armorer tools for the M14, read up on it, and assembled it myself and did the headspace/barrel timing.
Now I know some people don't have the resources or equipment for all of this but you have to pick your builder extremely carefully and attempt to do some of the building yourself.
Fast turn around times usually mean shit work.
Do not send in any parts that he doesn't need. Stocks, grips, forends, trigger groups, sights, muzzle device, etc. to mate the barrel to receiver.
I can't see how the builder would not simply accept his processes were not correct and front up and get the job done. There is no doubt about this and he has failed on mutiple accounts. Your ability to claim has been removed by his actions, his failing to check the parts when accepting them, stating he had them without checking. I could go on and on but there can be no reasonable doubt HE failed and HIS processes caused this. Even if he was not sent the parts.
If you have a clear "I have the parts" in any form it would be very foolish for him to argue over this.
I bet if you continue to add further information the situation will look even worse for him. It's not going to get any better and a $100 offer is NOTHING. Sometimes people need to just accept they made a mistake and make the best they can BUT I would not whinge too much if you end up fronting more cash, just not an awful lot.
Anytime you get goods shipped in they need to be checked on the spot. If you had asked him about the packaging ASAP this would have thrown some light on this situation.
I would simply feed back to him and discuss it more, give him some more information. Put some points forwards and see how he acts. Reasonable behaviour is a decent offer at least. If you don't get this then I would wonder about how professional he is and take what actions needed to resolve it.
You have no proof of who is responsible for the missing parts on this matter so discussing this further is pointless.
If he has an email stating the parts were accepted he has "proof". Discussing it further gives the builder a chance to correct this before the customer does what needs to be done. The Builders lack of process has removed the ability for the customer to claim which is an additional point, one of many which put this back onto the maker.
Is it reasonable for the customer to front up some more cash to resolve this asap? Yes BUT he does not HAVE to. It's just him being nice. This is a reasonably straight forwards issue.
Maker accepted parts, stated he had them. End of story. He should have check straight away as this means a claim could have been filed or the issue resolved. He decided not to AND (important point) accepted liability for those parts. Not only has he done the wrong thing but his actions have removed the customers ability to claim for the goods.
No real doubt about where this would fall IF the customer took action. Let's hope he is able to talk it through and work a reasonable solution out.
EzGoingKev
12-16-09, 19:29
Here is a lesson for everyone.
Find a real professional and you won't have these BS problems.
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