Mozart's Garage - Steven Clarke Overcharge and extored for car repairs Santa Fe New Mexico

Reply to Joan of 1/5/09

re: Mercedes-Benz 300D, 1997, VIN WDBJF1VA368089
Repair Order #247578, 12/17/2008

In detail (this is Mozart's Garage's formal reply to Sierocinski's original and only letter to us; it does not track precisely to Sierocinski's posted complaint to RipOff Report, but the gist is clear):

First para.:
1. A fuel injector cannot be tested outside of the vehicle in order to determine whether or not the injector seal into the vehicle or the injector itself is leaking. Injector spay pattern can be tested in this fashion, but this was not at issue. This objection is not valid.
2. The quoted labor time for this operation is correct, but it was not known whether or not that would be the only fault that would be found, or needful of correction. Frequently problems need to be fixed one at a time, and only upon fixing one is it revealed that there is a deeper one. This was the case in this situation.
3. Upon commencing that repair and upon inspection of the vehicle as a whole and in the engine compartment, it was readily apparent that the vehicle had not been serviced well, or properly. Complications were anticipated, and found as we proceeded, and Ted was advised of this in a timely manner.

Second full para.:
1. The problem injector: as above; there is no test for what Ted describes. What was determined, initially, was that the seals that are installed between the fuel injector and the cylinder head insert had failed from having been reused and were leaking. Those seals are a one-time-use only application, and are not designed to survive a re-use. This was one of the malservices that we noted, and it was a necessary fix to replace the fuel injector seals. This was done.
2. Upon reinstallation of the injector in question, it was noted that there was still a fuel leak. With the seal now sealing, it was able to be determined that the injector body itself had been damaged and was leaking. This was unprecedented in my twenty years of experience, and in the experience of the other technicians with whom we consulted on the situation. Thus, we went back in again and replaced the injector. Problem was solved. Client was advised of all this in timely fashion and approved of the work. After all work was done and the ticket finalized, Ted and myself has a comprehensive report and discussion covering every detail of the repair order. Ted concurred that everything seemed to be in order and that he would come in and pay the bill.
3. However, in spite of the fact that Ted tried to micromanage our repair operation at every stage of the process, as soon as the job was completed, we were in the position of calling every few days to have the car to be picked up and for us to be paid. Eventually it turned out that you did have a problem with the bill - and your first option is to stall, and then threaten court proceedings with a flat refusal to pay the required amount. This is not a good negotiation. This is a shabby way for you to do business, and immediately puts us on a different page of the play-list, since it is tantamount to a complete loss of trust which unfortunately must cut both ways. Thus we requested payment in cash only.

Third para.:
1. list price: does not include our total cost for the part, and so does not cover our costs of operation of getting the part shipped in and the core returned. Sometimes we absorb these additional costs, sometimes we don't. We charge what is necessary for us to accomplish the entire process. You may not like it but this is the way we do it.
2. Our indicated list price for Bosch injector P/N 0 432 217 280 the one installed is $162.50. Your internet price is not applicable. We are not a Wal-Mart or Pep Boys wholesaler; we are a retail shop. You know this.
3. If we charged you our true costs involved for the fuel injector, it would be more than $12.50. You got a bargain and a discount on this part of the transaction. If you wish to reject our bill and try and negotiate the total downwards, we can go along but we will rewrite it to reflect our actual costs of doing business with you. Is this what you wish to do?
4. You state we supplied a rebuilt injector. This is false and at no point did we indicate this to you. The injector supplied was new.
5. The amount charged you for the hose was $11.44, not the $26.00 you assert. Less than the $15.00 you quote.
6. The amount charged you for the heat shields reflected shipping charged necessary to have them delivered. If you had ordered the hose, injector, or shields yourself, you would have had time and shipping expenses. You might not have itemized these costs for yourself, but they would have been present. They are there for us, and as a business, we take them into account when charging for parts. If this is not acceptable, there is always the option of doing it yourself. We do not split the difference or allow clients to dictate how we operate our business. The only surprises in it should have been the discounts and no charges we gave you.

To sum up:

Although we are always ready and willing to consider any kind of customer feedback, especially problems about anything having to do with the transaction, we find no justifiable complaints in your letter. The several inaccuracies and oversights which we note do not indicate an ability on your part for either clear thinking, basic math, or good will.
Mozart's Garage stands by its repair order # 247578 and the indicated total of $1,020.02, payable in cash only. As advised, since you are protesting that amount due, after previously agreeing that it was allowable, we are applying a storage charge of $10.00/day as of 1/2/09 until it is paid in full. If you do decide to pursue a court action in protest of our charges, we may exercise our option of voiding our discounts, free fixes, and no charges to reflect our true costs on this repair. Our court-associated costs will also be claimed, and countersuit for frivolous prosecution is a possibility, even if we prevail, which we fully expect will be the case.
Additionally, it is not clear to us what standing you, Ted, have in this matter. It can be a needlessly complex situation when two different people are giving direction on how to proceed on repairs, especially when it gets complicated. We note that the approval for the work is signed for by Joan, and the vehicle is registered in her name, also. My last conversation with either of you was with Joan, and she requested that we hold off until she was able to give her attention to the matter. We will thus agree to do so.
Until this matter is resolved, please refrain from bullying our staff or harassing our employees by coming by our shop in person. You or Joan may speak to either myself (Stephen) or Juli via telephone at 505-471-2272 or internet at mozartg@yahoo.com.

Thank you for giving your consideration to this matter.

Sincerely,

Stephen Clarke
Mozart's Garage BMW/MBZ Services, Inc.
2650 Sawmill Road
Santa Fe, NM 87505
(505) 471-2272
mozartg@yahoo.com