Knesek Gun help

[RichardTractorGuy]

Sorry for the rant but I would appreciate help in how to proceed. I ordered a nighthawk aac custom in dec 2010 from Knesec guns and placed $1200 down. The gun was to have a removable rail and diamond black finish. I finally got word in April that the gun was in but it did not have the diamond black finish or the removable rail. They told me that it would be at least 12 weeks before They could make a new one with my specifications. i have lost faith in Nighthawk and wanted to cancel my order and this is the reply that I got back:
Richard,

Sorry for the delay in my response to you – I just went and spoke with Mr. Knesek; We’ve committed to the pistol order with the manufacturer so I’m going to have to proceed with taking it one way or the other; If you’re not wanting to go ahead and get that one, We can either do our standard refund minus 45% restocking fee or I can apply your credit on file towards something else I have in stock if you’d like? Just let me know if you’re looking for anything inparticular

Thanks again!
Max Rodriguez [[email protected]]

I don't understand the 45% restocking fee when the gun is not even in stock and the company has not even started on the gun.

Any help would be appreciated.
Richard

 

[treebasher]

Re: Knesek Gun help

From the Terms & Conditions you agreed to a 45% re-stocking fee when you placed the order.

Knesek Guns, Inc. Terms & Exchange Policies

Exchange, Refund and Return Policy

A nonrefundable 45% deposit is required on all orders. Deposits may be transferred to another item if the manufacturer is unable to deliver the product to us in a timely manner*. Purchases should be inspected within three days of receipt. If you are not satisfied, the unfired gun may be returned for exchange only. To return an item for exchange, customers must contact us to receive a RAN, or return authorization number, to place on the outside of the box. All items without a RAN will be refused. We are not responsible for shipping and insurance on exchanges. All guns come with a full manufacturer’s warranty. All warranty claims must be processed directly through the manufacturer.

*Please note shipments from manufacturers are greatly delayed due to the current political climate. This also applies to normal
production items.

Terms & Conditions

... • You may cancel your order at any time but please be aware that a 45% Cancellation Fee is due on any order at the time of cancellation; additional fees may be required for credit card related transactions.

PRICE & DESCRIPTION ERRORS

...By placing an order with KGI, the customer agrees that Knesek Guns, Inc. will be the final arbiter of any discrepancies.

 

[Blueclawz]

Re: Knesek Gun help

Man given the legal layout of that contract one could almost assume that the dealer could make a handsome amount of money pissing people off to the point of walking away...
45% Re-stock....that is beyond "strong" and nearly insulting.

However OP - you agreed to the terms when you put down the deposit so you gotta deal with the fallout. Hard lesson to learn but basically your out the rebuild time..and unless your hired a gun that piece was not costing you anything over that period of time between the rebuild and final receipt. Take it as a lesson and remember to weigh your time versus money when it comes to putting down a deposit in the future.

Good Luck!

 

[RichardTractorGuy]

Re: Knesek Gun help

I never signed a contract and one was never explained to me.

 

[ORD]

Re: Knesek Gun help

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Richard II</div><div class="ubbcode-body">I never signed a contract and one was never explained to me. </div></div>

HA!!! If I had a dollar for every time I heard that one...

Whether or not you signed anything, you elected to do business with Knesek so once you placed your order for a custom item with them for a custom pistol from Nighthawk...you consented to the terms/conditions of doing business with Knesek.

This is why it is VERY important before you conduct business with anyone (particularly online) that you familiarize yourself with how they do business and any policies/procedures/terms/conditions/etc. that they have in place that may effect you negatively if something "bad" happens with your order or if the terms give you pause enough that you want to look elsewhere for the item you want. Lesson here: do your homework before you pay big money for an item from a company whose policies you don't like/don't agree with/etc.!

As to the 45%...it may seem excessive, but here's the problem. Once a retailer places a custom order with a manufacturer...they are generally obligated to purchase it. Once Knesek put your order in with Nighthawk...they are on the hook for it. If you bail out and want your money back 100%...they are stuck footing the bill for YOUR custom item which screws them out of money. The solution for this unfortunately common problem...institute a "non-refundable deposit" to discourage folks from doing what you are trying to do now and if someone elects to do what you want to do...to keep the retailer from bearing the full blow of eating the cost of a custom order on which they may or may not be able to recoup their money.

Now, I understand your frustration and the woes of this situation. It sucks to be promised something for delivery in a certain amount of time, and then to get something other than what was promised and have to suck up the wait time while the mistake(s) get corrected. But...you can suck it up and wait, find something else that the folks at Knesek have in stock and ready to roll that you want, or eat the lost money and chalk it up to a lesson learned the hard way.

 

[treebasher]

Re: Knesek Gun help

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ORD</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Richard II</div><div class="ubbcode-body">I never signed a contract and one was never explained to me. </div></div>

HA!!! If I had a dollar for every time I heard that one...

Whether or not you signed anything, you elected to do business with Knesek so once you placed your order for a custom item with them for a custom pistol from Nighthawk...you consented to the terms/conditions of doing business with Knesek.

This is why it is VERY important before you conduct business with anyone (particularly online) that you familiarize yourself with how they do business and any policies/procedures/terms/conditions/etc. that they have in place that may effect you negatively if something "bad" happens with your order or if the terms give you pause enough that you want to look elsewhere for the item you want. Lesson here: do your homework before you pay big money for an item from a company whose policies you don't like/don't agree with/etc.!

As to the 45%...it may seem excessive, but here's the problem. Once a retailer places a custom order with a manufacturer...they are generally obligated to purchase it. Once Knesek put your order in with Nighthawk...they are on the hook for it. If you bail out and want your money back 100%...they are stuck footing the bill for YOUR custom item which screws them out of money. The solution for this unfortunately common problem...institute a "non-refundable deposit" to discourage folks from doing what you are trying to do now and if someone elects to do what you want to do...to keep the retailer from bearing the full blow of eating the cost of a custom order on which they may or may not be able to recoup their money.

Now, I understand your frustration and the woes of this situation. It sucks to be promised something for delivery in a certain amount of time, and then to get something other than what was promised and have to suck up the wait time while the mistake(s) get corrected. But...you can suck it up and wait, find something else that the folks at Knesek have in stock and ready to roll that you want, or eat the lost money and chalk it up to a lesson learned the hard way.</div></div>

Well said.

Richard I understand your frustration with not receiving the correct options with the pistol that you ordered but as ORD said above it is your responsibility to read and know the T&C's that you are agreeing to before doing business with a company.

Look at it this way, you are going to get the pistol that you ordered, albeit late, instead of canceling your order and not receiving anything at all.

Talk with the guys at Knesek and see if they can expedite the rework/new pistol with Nighthawk. You never know, they may have some pull with Nighthawk and can get something worked out for you.

I can guarantee you that jumping up and down screaming will not get you anywhere. But if you are persistent, respectful & fair you will most likely get a much better outcome.

 

[The Mechanic]

Re: Knesek Gun help

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ORD</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Richard II</div><div class="ubbcode-body">I never signed a contract and one was never explained to me. </div></div>

HA!!! If I had a dollar for every time I heard that one...

Whether or not you signed anything, you elected to do business with Knesek so once you placed your order for a custom item with them for a custom pistol from Nighthawk...you consented to the terms/conditions of doing business with Knesek.

This is why it is VERY important before you conduct business with anyone (particularly online) that you familiarize yourself with how they do business and any policies/procedures/terms/conditions/etc. that they have in place that may effect you negatively if something "bad" happens with your order or if the terms give you pause enough that you want to look elsewhere for the item you want. Lesson here: do your homework before you pay big money for an item from a company whose policies you don't like/don't agree with/etc.!

As to the 45%...it may seem excessive, but here's the problem. Once a retailer places a custom order with a manufacturer...they are generally obligated to purchase it. Once Knesek put your order in with Nighthawk...they are on the hook for it. If you bail out and want your money back 100%...they are stuck footing the bill for YOUR custom item which screws them out of money. The solution for this unfortunately common problem...institute a "non-refundable deposit" to discourage folks from doing what you are trying to do now and if someone elects to do what you want to do...to keep the retailer from bearing the full blow of eating the cost of a custom order on which they may or may not be able to recoup their money.

Now, I understand your frustration and the woes of this situation. It sucks to be promised something for delivery in a certain amount of time, and then to get something other than what was promised and have to suck up the wait time while the mistake(s) get corrected. But...you can suck it up and wait, find something else that the folks at Knesek have in stock and ready to roll that you want, or eat the lost money and chalk it up to a lesson learned the hard way.</div></div>
Could not agree more.
If you have lost confidence in Nighthawk than you should figure what is the most resell-able item you could get from them. Take it and resell it as many would pay full retail to get an unfired Nighthawk without any build wait. By the way, why have you lost "confidence" in Nighthawk? They seem to be a good builder of larger quantity arms.

 

[RichardTractorGuy]

Re: Knesek Gun help

Actually only a few verbal agreements hold up in court.
According to attorney Stephan Fishman’s Consultant and Independent Contract Agreements (1998, Nolo Press), the following agreements must always be in writing to be valid:
•Agreements to sell tangible property, such as a computer or car, worth more than $500
•Agreements regarding the sale of real estate
•Agreements that can’t realistically be completed in less than one year, such as a project with three six-month deliverables
•Agreements that someone else will pay you, such as when someone who does not have authority to speak for the company promises that the company will pay you
•Any transfer of copyright ownership
If I wanted to I could have my attorney press the matter.
But the great thing about this forum is that a member here helped out ALOT! He knew someone at Nighthawk and next thing you know,I was contacted by one of the owners of Nighthawk. He was extremely nice and spent alot of time going over the options I wanted. He is going to make sure that I will be happy with my purchase!
Thanks guys.
Richard