Thanks for all the responses!! I really do appreciate it.
Well, as far as no race enigne parts warrantys, expressed or implied. My case is a little bit different than most I have heard.
A well known parts vendor had extended me an Expressed Warranty - that they were selling me a hydraulic roller camshaft. They violated this by instead sending me a hydraulic flat tappet camshaft. This means that I am entitled to either a hydraulic roller camshaft, or my money. However, any other limiting warranties (we are not responsible for damage incurred by our hyd roller camshaft. . . .) are also void, as they never sold me a roller camshaft, they sold me a flat tappet camshaft . Even if their written warranty is generalized (PRODUCT, instead of specifically a roller camshaft), the invoice/receipt that I have, as well as the telephone conversations and past e-mail records, all of which state that it is a hydraulic roller camshaft they had sold me, and as this is the "product" that they refer to, if it is not a roller camshaft, the warranties simply do not apply. Therefore, I may be entitled to full compensation for all damage incurred to my engine, because the fact I am not a professional engine builder is moot - they'd never sold me the right parts, so there was no possible way to install them correctly. Therefore, they could not be installed incorrectly, either.
I had ordered my cam over the phone having never seen a catalog. First, I'd e-mailed them all of my engine specs and information (this motor was a stock hyd roller motor, originally), they replied telling me to call for more information. After talking with the general manager/half owner on the phone for about 45 minutes, he had strongly suggested a set of aluminum pistons and a mild performance hyd roller camshaft. After talking about it more and more, I finally had decided to go with his recommendation, I figured he knew his **** since he's in that line of buisiness, besides that he was the general manager/half owner (...if I only had known then, what I know now)
There is a lot more to my story, however, I'm going through small claims court so I will have to decline on some of the more recent happenings, latest information I have obtained, and detailed specifics. I will say that I feel that I am fully covered by the Uniform Commercial Code (read below):
**Uniform Commercial Code - Article II, The Sales of Goods Act**
When a seller sells goods in the course of a business, and the buyer, expressly or by implication, makes well known to the seller of the intended use of the goods, or particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are of a satisfactory quality, and reasonably fit for that purpose. The Uniform Commercial Code - Sale of Goods Act is applicable; If a particular purpose is made known so as to show reliance on the seller's skill and judgement, there is an implied term that goods supplied under the contract are reasonably fit for that purpose. The Sales of Goods Act also provides for an implied warranty that the goods be merchantable, and an implied warranty that goods be fit for the intended purpose where the seller had a reason to know of any particular purpose for which the goods were to be used.
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Since the time of purchase, I looked up their record at the Better Buisiness Bureau to find that they have been reported 4 times in the last 12 months, and for very similar reasons to my case. I'm completely disgusted by this whole ordeal.
Thanks!
