Forum member "flypig" and Gorilla Industries

Re: Forum member "flypig" and Gorilla Industries (5SGTE)

Tue, 03 Feb 2015 22:16:02 GMT

tralfaz
Eric takes up on one of the Forum ads to get a Chinese wife, can he sue Glenn if it doesn't work out? " />" />

Walter

Walter you're a funny bugger!!

Re: Forum member "flypig" and Gorilla Industries (Admin)

Tue, 03 Feb 2015 17:47:29 GMT

Terms and conditions of using this forum protect me from issues between sellers and buyers 😃

Re: Forum member "flypig" and Gorilla Industries (RHOK)

Tue, 03 Feb 2015 16:20:07 GMT

Admin
I still can't believe that someone would build an engine with a cracked block (the cracks could be seen with the eye).

believe it -- my engine was built for one of the previous owners and it had undersized pistons installed into it - you could see visually how undersized it was

Re: Forum member "flypig" and Gorilla Industries (tralfaz)

Tue, 03 Feb 2015 15:56:00 GMT

To add to the support for Dylan I have purchased a number of items from him and he has always been extremely personable and has done the best by me. If only a lot of businesses, and particularly those in the motor trade, were as trustworthy and honest upfront as Gorilla are with MR2 stuff.

If the ACL laws apply to effectively "private" transactions such as those done on a one-to-one basis via Forums such as this one (which I don't believe they do), and Eric takes up on one of the Forum ads to get a Chinese wife, can he sue Glenn if it doesn't work out? " />" />

Caveat emptor, as the saying goes.

Walter

Re: Forum member "flypig" and Gorilla Industries (Cuts205)

Sun, 01 Feb 2015 10:15:48 GMT

Just FYI the ACL covers any transactions made, not just limited to business to consumer transactions.

Exactly right, you win some you lose some.

Thanks Dylan, any help selling the unit will be greatly appreciated, I do still need a power fc for the car, ill shoot you guy an email.

Re: Forum member "flypig" and Gorilla Industries (Admin)

Sat, 31 Jan 2015 23:14:13 GMT

These things happen, Cuts. You win some and you lose some. I have bought parts that I think are a steal and I feel guilty for getting them so cheap. On the flip side, I bought a supposed built 5SGTE engine from a guy that had bought it from a forum member and the block was an early 5S block and had multiple cracks in it. I still can't believe that someone would build an engine with a cracked block (the cracks could be seen with the eye). It was lucky that I stripped it to check before I put it in the car. I have no idea if the guy I bought it from shafted me or the forum member that sold it to him did the shafting. As I said, you win some and you lose some.
Karma will eventually come to the guy that did the shafting. It always does.

Re: Forum member "flypig" and Gorilla Industries (dylmrt)

Sat, 31 Jan 2015 22:41:32 GMT

Cuts, I can understand your frustration, but best I can do for you is help sell your unit and help source you another one.

1. You did not purchase the item from us. You have no contract with us. We have no liability to you.
2. As your story goes, I sold a unit to someone. This person then sold a unit to someone else (flypig). Flypig asked me if I had sold a unit to the first member, to which I said yes. There's no guarantees that this first member even sent flypig the exact same unit as I sold to him in the first place.
3. Even if this happens to be the same unit, the unit was originally sold well over 24 months ago, we cannot vouch it was not tampered with after it left our hands.

Re: Forum member "flypig" and Gorilla Industries (just_ace)

Fri, 30 Jan 2015 10:26:15 GMT

No, only the gen3 NA 3sge ecu has 4 plugs. The gen3 3sgte turbo ecu still only has 3 plugs.

Re: Forum member "flypig" and Gorilla Industries (EssDub)

Fri, 30 Jan 2015 09:52:17 GMT

Cuts205

That is no MR2... the Gen3 ECU had 4 plugs on it.

Re: Forum member "flypig" and Gorilla Industries (Eric)

Fri, 30 Jan 2015 08:51:23 GMT

"The purpose of consumer protection laws such as the ACL is to prevent businesses from harming consumers"
[ACCC, Overview of the ACL, p3]

If you bought the product from Dylan you would have a leg to stand on as he has an actual business, but a private sale doesn't really apply.

If you want any leg to stand on, you would have to prove that flypig provided unconscionable conduct and/or misrepresentation in the contract you had.

It's been more than 6 months since you purchased the product. You keep quoting buyer beware, but you didnt apply this principal when you bought the product. I would have had it tested asap or even before you purchased it

Re: Forum member "flypig" and Gorilla Industries (rikkir)

Thu, 29 Jan 2015 22:20:21 GMT

Definitely 'Buyer Beware' with any private sales, not just on forums, but also gumtree, classified ads, garage sales .
I believe Australian Consumer Law mainly applies to transactions between registered businesses and their customers.
If the original purchaser had discovered the problem and taken it back to their supplier, it would all have been sorted out then... I'd be pretty annoyed too though, if i was in your situation. I'm pretty sure that nobody on this forum is out to rip anybody off deliberately. We're generally a fairly tight community that tries to help each other out. I hope that flypig tries to contact the person that he bought it off, and hopefully you can work your way up the chain, so that maybe Gorilla can help out in some way. I can understand their difficulty in assisting you, as you are not the original purchaser. Imagine if you bought a second hand tv at a private sale that had a problem, and you tried to take it back to Harvey Norman without a receipt.... i doubt you'd get much help there either.

Re: Forum member "flypig" and Gorilla Industries (Cuts205)

Thu, 29 Jan 2015 21:58:12 GMT

Which brings me back to the first and last comments I put in the first post, to save you all the hassle It was
'Let me start by saying I'm just letting everyone know of my experience so they can be wary of buying something on a forum."

and "caveat emptor it seems. "
The above means buyer beware in latin for those who don't know.

The car it was plugged into at the time was a 185 with a gen3 swap, for interest sake I've also tried it in my 205 and obviously the same happened.

To follow on from the previous post, the sellers are still liable, regardless of it was knowingly or not they sold an item which wasn't as described and therefore in breach of the acl.
No throwing up legal words and what not will not get the issue solved. But it might make others wary of buying items off others, regardless of who they are.

Re: Forum member "flypig" and Gorilla Industries (Dudeman)

Thu, 29 Jan 2015 21:45:08 GMT

Cuts205
Australian Consumer Law section Section 18(see ) this is misrepresentation as it was sold as something that is for a 3sgte and it isn't.
Naturally he is liable for negligent behavior, whilst he didn't know he was doing the wrong thing, he still did it.
Flypig could also argue negligence and miss rep on the part of the previous purchaser Craig1978, who could then do the same.

I love a good quote of a section of law.

'Misrepresentation'? Well, he sold the item in good faith believing it was for a 3SGTE (well I assume he did) If he was aware that it was not for said purpose and sold it as such you may have an argument. If he acted in good faith and sold it as he thought it to be he really hasn't done anything wrong.

Quote "Naturally he is liable for negligent behavior, whilst he didn't know he was doing the wrong thing, he still did it"

'Negligence' - "Doing something a reasonable and prudent person would not do" or "Not doing something a reasonable and prudent person would do"
It's not a 'strict liability' offence in this matter (if there was an offence at all) If he did it and wasn't aware that was the case, you can't argue negligence. You couldn't anyway. Negligence? No.

I think you are drawing a long bow to say that Gorrila has liability. It's been through at least two other owners hands since then and any changes or damages could have been made by these persons.

The forum really can't take any responsibility for what's bought and sold here. You obviously can give your feedback and disappointment but throwing up some legislation and a couple of legal words doesn't solve any problems.

Re: Forum member "flypig" and Gorilla Industries (WIDEMR)

Thu, 29 Jan 2015 21:22:05 GMT

What car is that pic taken from inside of?

Re: Forum member "flypig" and Gorilla Industries (Cuts205)

Thu, 29 Jan 2015 20:00:55 GMT

I've also got an mr2 power fc (the pro model) in my ST205 and it works fine, when you turn it on naturally it comes up with 3s-gte.

Ok so Gorilla Industries must have sold a dodgy product, below is an image of what comes up when you plug it into the car and power it on. As I said in the other thread the GT starlet units start off life as sw20 ones, then get their firmware re written.
As for Flypig, how could I have had it going and been happy when it doesn't run the car. You must have me confused with someone else.

Australian Consumer Law section Section 18(see ) this is misrepresentation as it was sold as something that is for a 3sgte and it isn't. Naturally he is liable for negligent behavior, whilst he didn't know he was doing the wrong thing, he still did it. Flypig could also argue negligence and miss rep on the part of the previous purchaser Craig1978, who could then do the same. So that brings us back to Gorilla Industries. According to Craig1978's add it was tried and tested by them. If this is the case did it magically rewrite it's own firmware? Of course not.