Winchester Marine Team, Winchester, TN - Triton Boats, Inc. - trouble with boat purchase agreement

Winchester Marine Team, Winchester, TN - Triton Boats, Inc. - trouble with boat purchase agreement

February 4, 2004: Business Reply

From: //

To Whom it may concern: This letter is in response to an email (complaint) you are in receipt of from a Mr. Harold Nash on or about January the 28th. 2004 regarding Triton Boats of Ashland City, TN and Winchester Marine of Winchester, TN

After receiving a copy of the e-mail to Earl Bentz of Triton Boats from Mr. Nash , I researched the situation with the Triton staff and responded to Mr. Nash because Mr. Bentz was out of town.

Based on his original e-mail, I found that the circumstances he found himself in could be attributed to miscommunications between our sales department, our sales representative, David Weddle, Wade Smith and Mr. Nash. Winchester Marine had inquired about some special priced boats we had in stock, however these boats had been "sold out" prior to Mr. Nash's visit but he had not been informed. After becoming familiar with the chain of events, I decided that if there was any "gray-area" surrounding this deal, the benefit would go to the customer. I told Jimmy Lee of Winchester Marine that we would honor the price and even build a new boat if need be, at the same price. I sent Mr. Nash my first response and explained that this had happened because of poor communications and explained our policy regarding "Triton team members".

I was shocked at his response but even then, we did not renege on the "deal". I hope you will do your research into the character of this company, its officers and its employees because I know you will find a different opinion of us than that represented to you by Mr. Nash. Please feel free to contact any of our dealers. You can find a dealer locator on our website, and ask them about our business ethics and customer satisfaction policy and practices.

I did not hear from Mr. Nash after my last e-mail so I called Mr. Lee on January the 26th to follow up on the status of the deal. I was told that the original offer had been made to the Mr. Nash but that he wanted "more" than they had originally agreed to and that they had refused to meet his demands. Also, I was told by Mr. Lee that he and Wade Smith, had tried to contact Mr. Nash, left message(s) but had not heard back from Mr. Nash.

On Thursday the 29th, I received approximately 28 copies of e-mails from Mr. Nash that he has sent to recipients (you being one) so I called Jimmy Lee to ask if he had seen his latest correspondence? He had not. However, I was told that Mr. Nash had returned his call(s) after their business hours and left a message that he was "calling back". That was all he said.

That was the last communication except for more copies of the same e-mail you received that he has now sent to 42 other people.

I'm not sure what Mr.. Nash is trying to accomplish here. If we and Winchester Marine did what he claims we did, by his own statements, we have done him a favor because he has found better boats and better prices from other sources, and honestly, that makes me happy too.

Listed below this letter is a direct copy of the series of emails between Mr. Nash and myself. I think this will show the true character of the parties involved. I will be happy to explain the particulars of the pricing policies and "team deal" mentioned in the Mr. Nash's e-mail if you would like to call.

Sincerely,

Neal Hart

Triton Boats

615-792-6767 This was my last email to Mr. Nash. You will need to go to the bottom of this page and read up the page to follow the chronological order of the emails. It has already been handled with Winchester Marine. Please contact Jimmy Lee at 931-968-9333. One question regarding your opening statement. If my previous response is not about patronization (your point of view) or sincerity (my point of view), what is it about?

-----Original Message-----

From: Harold Nash [mailto:Email User]

Sent: Tuesday, January 13, 2004 08:05 PM

To: Neal Hart

Cc: Email User; Email User; Email User; Email User

Subject: Re: Triton Boats

This isn't about patronization or sincerety and you and I both know it.

My suggestion to you is that you folks hitch up your pants a bit, own up to who's done what, and quickly put as much distance as you can between Triton Boat Company and any hint of reneging on business deals. It's clear Winchester bears some responsibility and it's possible another dealership may have involvement also, but no matter what version of events Weddle or anyone else may have put forth, everyone here knows that your operation has at least some fingerprints on this. If this is further mishandled the resultant possibility is that there is more than a little potential for a messy public relations disaster for your business and others and it could even have some legal overtones. If that's what you want then say so now and we'll dispense with all this chit-chat.

On the other hand, if there is a firm good faith offer to equitably resolve this matter I'd ask that written details of the particulars be made available soon and I'll promptly review and consider them in a diligent, well reasoned fashion. I can't envision any process that makes more good business sense for all parties or that would portend a more well grounded possibility of leading to a fair, sensible, proper, and absolute end to this bad situation. Please accept this as a genuine proposal to help conclude this matter and I'll await your response.

Harold Nash

www.lanierfishingguide.com and www.hnashfishing.com

Email User 770/967-6582

----- Original Message -----

From: Neal Hart

To: Harold Nash

Sent: Tuesday, January 13, 2004 9:16 AM

Subject: RE: Triton Boats

I'm sorry you feel that I am patronizing you because my comments and actions are sincere and that is all the explanation that this needs.

Again...

Sincerely,

Neal Hart

-----Original Message-----

From: Harold Nash [mailto:Email User]

Sent: Monday, January 12, 2004 08:13 PM

To: Neal Hart

Cc: Email User

; Email User

Subject: Re: Triton Boats

I'm interested neither in being patronized nor in a

lot of verbal sparring, but your email left me with a few concerns.

The critical component of this episode had nothing

to do with "misunderstandings" or "poor communication". An exact price for an exact product was stated and accepted. Any spin to the contrary is a mischaracterization of what happened here.

I neither have now nor have I ever had any desire

whatsoever to be one of your "team members". I have no ambition to sport your decals, license tags, hats, or coats and any notion that a man who's been the places I've been and done the the things I've done would pander to one of your "local dealer(s)" in an effort to be "endorsed" is much further from the realm of real possibility than you're likely to imagine.

The "team deal" element was stated and accepted in

the context of price only. I agreed to refer customers and possibly to provide links on my web sites. This was straight-up business with no deception on either end. Wade Smith, whether he knew your "rules" or not, never "told (me) otherwise". And despite some issues with follow-up, I do not believe Smith knowingly lied to me or misrepresented matters of material fact. I suspect he's being made the scapegoat here and fed into the meat grinder, but I earnestly doubt that he has much - if any - culpability. My original email was intended to state the facts known to me, not to accuse or indict Wade Smith.

Harold Nash

www.lanierfishingguide.com and www.hnashfishing.com

Email User

770/967-6582

----- Original Message -----

From: Neal Hart

To: Harold Nash

Cc: David Weddle (E-mail)

; Kevin Polston ; Email User

Sent: Monday, January 12, 2004 2:43 PM

Subject: RE: Triton Boats

Mr. Nash:

I am in receipt of your email and I'm very sorry for any of the misunderstandings that may have caused you distress. Since I was not present at the time, I can't answer for all parties but it sounds like poor communication was the problem in this case and that, will be rectified in the future.

I have already called Jimmy Lee at Winchester Marine and discussed a possible solution to the situation mentioned in your inquiry. Because you live in an area different from the dealer you are working with, a team deal is not possible. Our policy is that team members must live in the same area and be endorsed by their local dealer. I'm sorry if a person, who did not know the rules, told you otherwise. However, I believe that the end result will be to your satisfaction and that is what really matters. Jimmy will be in contact with you shortly to discuss a fair resolution and if I can be of further service, please do not hesitate to call or e-mail me.

Thank you for giving us a chance to get involved and assist Winchester Marine in keeping you a satisfied Triton owner.

Sincerely,

Neal Hart

Vice President.

615-792-6767

-----Original Message-----

From: Harold Nash

[mailto:Email User]

Sent: Sunday, January 11, 2004 04:34 PM

To: Email User

Cc: Email User;

Email User

Subject: Fw: Triton Boats

On Saturday, December 13, 2003, I received a

call from Wade Smith, Sales Manager of Winchester Marine Team, 2387 Decherd Boulevard, Winchester, Tennessee. I had spoken to Smith before. He knew that I had owned a Triton boat since December 1996, that I had been owner and operator of a full-time guide service for a number of years, and that I was interested in purchasing a new Triton boat.

In the December 13 conversation, Smith informed me he had reached agreement with your company to provide me a "team deal" on a 2004 TR21 Bassmasters Classic Limited Edition Triton boat to be equipped with a 2004 225 Mercury Optimax motor. The total purchase price he gave was $28,500. He also said there were boats available at the Triton Boats' factory with eight specific color combinations to choose from and he provided specifics on each of these. I used the color configuration segment of your web site to review the colors, called Smith back, and told him several of those color combinations were acceptable and that I wanted to purchase one of the referenced boats for the stated price. He suggested I come to his dealership and then go with him to your Ashland City plant to choose and acquire the boat I wanted.

As agreed, I arrived at the Winchester dealership early on Tuesday, December 16, 2003, and Smith and I traveled to your plant. Shortly after arriving there, Smith said a Triton employee named David Weddle had told him the boats were no longer available. Weddle never spoke to me nor did any other professional member of your staff. Smith was obviously embarrassed by the situation, but he gave no indication that Weddle or any other member of your staff had attempted or offered to resolve the matter.

When Smith and I returned to the Winchester

dealership, Smith said we would order the boat as described and that the price would remain $28,500 as agreed. He indicated he was uncertain whether Triton Boat Company would honor the price of $28,500, but that he and the dealership would honor it. I expressed to him some of my dissatisfaction with the day's events and stated that I felt Triton should honor the price, but that I accepted the $28,500 price regardless. I asked if he needed anything from me at that time, he said no, and that he would call the next day to proceed. I then talked to Store Manager Jimmy Lee for a time and was introduced to the shop foreman.

When I had not received further cummunication a week later, I called and spoke to Smith on December 23, 2003. He again reconfirmed the $28,500 purchase price and I again reconfirmed that I wanted to order and purchase the boat as soon as possible. He told me he would call me on Friday, January 2, 2004, to proceed with placing the order.

No other communication was received from the Winchester dealership by the end of business on Thursday, January 8, 2004, so I sent the following email. Attn: Wade Smith; 2387 Decherd Boulevard;

Winchester, Tennessee 37398

As per your invitation and our mutual

aggreement, on December 16, 2003, I drove to your Winchester Marine Team dealership with the express intention of traveling to the Triton Boat plant in Ashland City, Tennessee to select and purchase one of the eight Triton boats I had been told were available. You had provided me an exact purchase price and a specific list of the color combinations of each of the boats available at the Triton Boat plant. Upon arriving at the Triton Boat plant, I was informed that the boats were not available as had been represented to me.

Nonetheless, upon returning to your

dealership that evening, additional discussions were held about order and purchase of a specific boat (the boat to be ordered was to be the same as those mentioned above) and the exact purchase price was once again confirmed.

When I had not received further communication a week later, I called and left a message and then called again the next day. At that time, the purchase price was reconfirmed, I told you I wanted to order and purchase the boat, and I was told that I would receive a call on Friday, January 2, 2004, to provide exact specifics on colors for the boat. I was further told the boat would be ordered at that time and should be ready by the end of January 2004.

As of today (Thursday evening, January 8, 2004) I've heard nothing further from your dealership.

Please advise.

Harold Nash

www.lanierfishingguide.com and www.hnashfishing.com

Email User

770/967-6582 On Saturday, January 10, 2004, I received a

phone message from a Tim Ritchie. Ritchie identified himself as the owner of the Winchester Marine Team dealership, said he'd read my January email and that he was going "to get the deal back on track", and he requested that I call him. I accepted his remarks as legitimate, returned his call a short time thereafter, and explained the particulars of all the problems I'd had. At this point, rather than getting "the deal back on track", Ritchie began clouding the issue and committed only to discussing the issue with Smith and Lee. While I can see some of the need to do this, Ritchie left the impression he questioned whether I was telling the truth. I gave Ritchie a little personal military background information and a few other things to suggest there was no reason to question whether I was telling the truth or not, but he didn't seem to understand the point.

And while Ritchie didn't directly say he wouldn't, another element of Ritchie's position was that neither he nor his business had any obligation to honor the stated price committment.

I do make my living in the fishing business.

Having a particular brand of boat and being seen in same is an integral and ongoing part of the process. Pretty much since the inception of your current business I've been a proponent and supporter of your product. It's unquestionable that I've had the credibility and the exposure to provide benefit to the industry businesses that I have supported. The events here don't fit that total picture.

In the event you'll be kind enough to provide a timely response, I'll await your reply.

Harold Nash

www.lanierfishingguide.com and www.hnashfishing.com

Email User

770/967-6582

Bad faith, Triton Boats

A short while back I reached a forthright and firm agreement with the Winchester Marine Team boat dealership of Winchester, Tennessee to purchase a Triton boat. I am told a specific boat price was provided to Winchester Marine Team by Triton Boats, Inc. and that price was, in turn, offered to me.

I accepted the offer in good faith, the offer and acceptance were reconfirmed by and with Winchester Marine Team several times, and I have since taken every reasonable step in my power to see the deal through to completion.

Since original acceptance of the deal, however, I've gotten nothing from Winchester Marine Team and Triton Boat Company other than false promises and vague, deceptive, and misleading communications.

Furthermore, Winchester Marine Team doesn't return phone calls and Triton Boat Company President Earl Bentz has bothered to reply to none of the several written messages I've sent him. I believe these actions alone establish the absence of respect these people have for customers and consumers.

After a great deal of effort and communication on my part, I've concluded that Triton Boat Company, Inc. and Winchester Marine Team of Winchester, Tennessee have wilfully and dishonorably reneged on this legitimate and clearly agreed upon boat deal. It is clear to me that Triton Boat Company and the Winchester Marine Team boat dealership have defaulted on this firmly offered and accepted business deal and have consistently and steadfastly acted in bad faith.

I am a former U.S. Marine Corps Commisioned Officer of some note, achievement, and integrity and I have been in the fishing industry for over twenty years. Everything stated herein by me is offered in good faith and is completely accurate to the best of my knowledge and beliefs.

A business that proves itself to be untrustworthy and dishonest should have its products avoided diligently and entirely by informed consumers. It should be noted, too, that Triton's new "X" series boats appear to have design and performance issues. Additionally, Triton's main competitor offers several premium boat models that I believe are far superior to any of Triton's comparable and similarly priced offerings.

There are boat companies and boat dealerships who respect and appreciate your business and will treat you with dignity, decency, fairness, and honesty. My experience suggests that none of those things will be found by giving your valuable money and business to Winchester Marine Team or to Triton Boat Company. I encourage every boat buyer and consumer to cautiously question doing business with Winchester Marine Team and to vigorously reconsider buying any and all Triton boats and their other costly Triton products.

Harold N

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