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Username Post: Liars, Rip offs, Cheats        (Topic#368409)
badbob85037 
Poster
Posts: 89

Loc: Arizona
Reg: 03-13-09
05-12-22 12:18 PM - Post#2841105    

I will make this post short and to the point. A year and a half ago I bought a rebuilt 350 Chevy long block from O'Reilly Auto fom my 1974 K-10. It lasted 2 months before it failed. After a couple of phone calls with Gearhead Engines out of Texas it didn't take long to realize I was dealing with liars and cheats. The second engine was never drove out of the drive way. Valves were sticking and the rings were put in up side down and in the wrong groves. O'Reilly was no help getting a third engine. I started filing a law suit. Before I filed it my wife call the national office. She told them about the first two engines and the law suit I was filing and I would not except another engine from Gearhead. They told her they didn't buy engines from Gearhead because of their lack of any type of quility. After finding out the manager did get the engine from gearhead I was given a third engine and was told it was not from Gearhead. These first 2 engines had their VIN numbers removed and MEXICO stamped where the VIN numbers had been. The third engine had also had the VIN numbers removed with MEXICO stamped where the VIN numbers had been. Like an idiot I installed it. This engine won't start because the intake valves are not closing and all it does is backfire out the carb. That is where I'm at. This morning I will run a compression test then lawyer up and get back what I payed including the jobs I lost for the down time on the truck and a year and a half of my labor or go postal.



 
Tony1963 
Frequent Contributor
Posts: 1289

Loc: Orlando Florida
Reg: 07-09-18
05-12-22 01:06 PM - Post#2841110    
    In response to badbob85037

You will have to prove your case. Saying that the engine was assembled wrong and proving it are not the same.

You need to have some type of evidence to support your claims.

You also had some type of warranty and limitations that you agreed to when you purchased the engine. All warranties that I have read exclude any consequential damages. That means that you cannot collect from other things that go wrong as a result of the product failing.

By the time that you pay a lawyer, you will have in excess of the cost of an engine from the GM dealer many times over. However, do as you see fit.

If you buy an engine from the retail store, you cannot dictate to them where the engine comes from since that is not your contractual right.



 
Shepherd 
Valued Contributor
Posts: 2555

Loc: Lake George, NY
Reg: 11-11-15
05-12-22 01:40 PM - Post#2841112    
    In response to Tony1963

Plus you would need an expert witness in court to back up your claim, more money. A complaint with the states consumer affairs may help, or states AG office.



 
badbob85037 
Poster
Posts: 89

Loc: Arizona
Reg: 03-13-09
05-12-22 08:16 PM - Post#2841122    
    In response to Shepherd

Before they gave me the engine I had dotted the eyes and crossed the t's in a small claims court. I have documented every thing since discovering what a bunch of cornholes they were on the first replacements. If it is an issue any issue I have a lawyer this time and I'll be asking for a lot more than another piece of Cr%& engine, lost wages, my time spent changing them out, lawyer's fees, even because of what a nice guy I have been letting them get away with this assault on good nature. I am beyond mad.



 
Tony1963 
Frequent Contributor
Posts: 1289

Loc: Orlando Florida
Reg: 07-09-18
05-13-22 02:31 AM - Post#2841127    
    In response to badbob85037

You can hire all of the lawyers in the country, but that will not change the law. If the original contract excludes consequential damages, you will collect nothing.

The lawyer will gladly take your money.





 
gcrkfrd 
"4th Year" Silver Supporting Member
Posts: 406
gcrkfrd
Age: 75
Loc: Neosho, MO.
Reg: 04-01-18
05-13-22 07:58 AM - Post#2841136    
    In response to Tony1963

Info----A very influential (unnamed) Owner of a Shingle Co. in JOPLIN MO, traveling, multiple times, to Washington, several years ago, lobbied, at great expense, and got a law passed.
If you are going to sue a company, you are going to have to go to court in their home state, not the State where they did the business, but the State, where they have already, bought, and paid for, powerful friends.
DISCLAIMER-THIS WAS IN NO WAY A POLITICAL POST

1952 Styleline Sedan, 62-235, Drum brakes, Manual steering, 2" Drop, 8-60 AC, Glass packs, Two Carbs, and a Cast Iron PowerGlide-
Way out behind the Old School

Half a Dozen in a Row, all it needs for Her to go.


 
gcrkfrd 
"4th Year" Silver Supporting Member
Posts: 406
gcrkfrd
Age: 75
Loc: Neosho, MO.
Reg: 04-01-18
05-13-22 08:11 AM - Post#2841137    
    In response to gcrkfrd

I have a Small Block Chevy Water Pump, in my Garage, that I bought from them several years ago. All of the bolt holes are 5/16"-
Another O Orealy Riddle

1952 Styleline Sedan, 62-235, Drum brakes, Manual steering, 2" Drop, 8-60 AC, Glass packs, Two Carbs, and a Cast Iron PowerGlide-
Way out behind the Old School

Half a Dozen in a Row, all it needs for Her to go.


 
kingkreeton 
Frequent Contributor
Posts: 1661
kingkreeton
Loc: Nashville TN
Reg: 04-15-11
05-13-22 09:06 AM - Post#2841141    
    In response to badbob85037

If you paid for it with a credit card, maybe file a claim with your CC company.

Shane
64 Impala SS:
Chevy Performance 350HO
4 Speed Muncie


 
Shepherd 
Valued Contributor
Posts: 2555

Loc: Lake George, NY
Reg: 11-11-15
05-13-22 09:49 AM - Post#2841142    
    In response to gcrkfrd

Small claims in N.Y. requires filing in the jurisdiction where they do business or have an office, if they are out of state then you are stuck.



 
1965C-10 
Very Senior Member
Posts: 7879

Age: 44
Loc: San Tan Valley AZ "Phoeni...
Reg: 11-18-01
05-13-22 01:58 PM - Post#2841159    
    In response to badbob85037

I wonder if this is the same company called ATK from Texas, also another name that sounds like Marlboro cigarettes, can’t remember exactly.

Sorry to hear you got ripped off, hope you can get your $$ back and buy a new 350 long block from GM, probably made in Mexico.

Where is your original 350?

Edit Mabbco engine may be the same company.



Edited by 1965C-10 on 05-13-22 02:01 PM. Reason for edit: No reason given.

 
Tony1963 
Frequent Contributor
Posts: 1289

Loc: Orlando Florida
Reg: 07-09-18
05-13-22 03:25 PM - Post#2841162    
    In response to 1965C-10

Another problem that you are facing is that the engine design from 1974 ended in 1986 (Gen I engines before major changes). So, at this point, any engine in that era is AT LEAST 36 years old. Yes, you can use a newer design, but consider how many times those engines have been apart, etc.

I would always rebuild what I had unless it was beyond repair.



 
someotherguy 
Senior Moderator
Posts: 29575
someotherguy
Loc: Texas
Reg: 08-01-03
05-14-22 10:51 AM - Post#2841197    
    In response to badbob85037

  • badbob85037 Said:
O'Reilly was no help getting a third engine. I started filing a law suit. Before I filed it my wife call the national office. She told them about the first two engines and the law suit I was filing and I would not except another engine from Gearhead. They told her they didn't buy engines from Gearhead because of their lack of any type of quility. After finding out the manager did get the engine from gearhead I was given a third engine and was told it was not from Gearhead.


It's a little hard to follow but it sounds like O'Reilly corporate told you that they don't source engines from Gearhead, but maybe your local store did? It may help you (LONG SHOT) if you can find out if they have a specified vendor for engines or if the local store manager has flexibility in this regard. If he went outside of official vendors you MIGHT (BIG MIGHT) have some recourse. As the others have said though, it's going to be an uphill battle.

Richard

06 Silverado ISS / 06 Silverado SS / 06 300C SRT8


 
Tony1963 
Frequent Contributor
Posts: 1289

Loc: Orlando Florida
Reg: 07-09-18
05-14-22 12:12 PM - Post#2841200    
    In response to someotherguy

I am certain that this auto parts chain has been sued so many times it is beyond count. Filing the lawsuit will barely invoke a yawn from their corporate office. They've had lawyers working for them since they were first organized as a business.

Your purchase contract covers the terms of the transaction. Any judge or lawyer cannot invent new terms.

I'd love to have a front row seat to this case, just to watch the fireworks.



 
bobb 
Super Senior Member
Posts: 6003

Loc: paradise
Reg: 09-05-03
05-15-22 12:34 PM - Post#2841226    
    In response to badbob85037

sounds like an atk nightmare. 1st one i put in, couldnt bolt a starter to. 2nd one had a rod knock on start up. 3rd one blew up in less than 500 miles. i feel your pain.

70 L camino, grampa engine, g-force 5 spd, road rage suspension. Pray first before all else fails.


 
carbking 
Senior Member
Posts: 1558
carbking
Loc: Missouri
Reg: 06-14-03
05-16-22 09:53 AM - Post#2841280    
    In response to bobb

The best recourse I have experienced with issues such as these is to write a NICE letter going through the issues one by one, step by step, to the corporate office, and COPY the Attorney General in your state.

Attach copies of documentation to both corporate and the AG.

NOTHING gets the attention of corporate like an official letter asking for details from the AG.

The key here may be to get someone that is not angry to write the letter for you. A letter that reeks anger will acquire worse results than one that does not.

Good luck.

Jon.

Good carburetion is fuelish hot air!

The most expensive carburetor you will ever buy.....is the incorrect one you attempt to modify!

If you truly believe "one size fits all", trying walking a mile in your spouse's shoes!


 
Tony1963 
Frequent Contributor
Posts: 1289

Loc: Orlando Florida
Reg: 07-09-18
05-16-22 03:09 PM - Post#2841300    
    In response to carbking

There is a legal theory of "impossible" meaning that if best efforts are made to come up with a product and it simply isn't available, the contract can be voided. Of course, you'd get your money back and you'd have to be fairly compensated for your core, assuming that you surrendered one.



 
gchemist 
Member #271 Senior Chevytalk Moderator
Posts: 25720
gchemist
Loc: Austin, TX 78748
Reg: 05-09-00
05-17-22 03:53 AM - Post#2841323    
    In response to Tony1963

A friend had a similar issue. It was a F$%D with a 351W vs 351 Cleveland. The wrong one was ordered first since my friend didn't know what was installed. The correct engine had mismatching heads! The third engine finally looked good enough to install. It ran for years before the truck was sold. I would remove parts, covers, and pan to check before installing any over the counter motor. I found my ZZ4 on Craigslist. The intake, valve covers, and pan all came off for inspection. To this day, it runs great and no oil leaks.

'83 Silverardo XST - ZZ4 powered
'95 Jimmy SLT (Bought @131,814)
'96 GMC Jimmy LS Ret. @236651 miles
'08 GMC Acadia 3.6L SLE


 
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