ADV Production Modular Hardtop!

[GreenMtnBronco]

APG is surprised there were 1250 orders? where did they think that ADV came up with the $4million + to pay their invoices?

It's a well written rebuttal, good lawyer and slick marketer behind it.

somewhere between the ADV allegations & the APG rebuttal lies the truth... neither one will accept it.

Sponsored

 

[EMBronco]

Eh... you don't make lawsuits like this public unless you are headed towards bankruptcy. If they had any intention on refunding preorders and trying to continue as a business, they would have keep this lawsuit private while they attempt to extract money from APG.

But they didn't, which means either they have the worse legal representation of all time. Or they're headed towards bankruptcy anyway... so screw it—let's try to drag down our old business partner with us.

You’re not wrong. However, ADV doesn’t exactly have a track record of making the smart choice.

 

[RagnarKon]

Seems however that APG would be required to refund ADV if they can't produce the tops as manufacturer or would they not be culpable in all this? Granted APG has never said they can't produce them, but the lawsuit seems to insinuate they are having issues in doing so. The question also begs if they we're infact separate manufacturer and distributor, why would the distributor be giving money to the manufacturer and why would the manufacturer put themselves in this situation by accepting funds for a product they don't have? What a mess; but I guess that's why we have the judicial branch of government.

Unfortunately... no.

If you read the contracts it is extremely one-sided toward the APG. It's objectively a bad contract for ADV Fiberglass and they should never have signed it imo.

Below are just some of the highlights... it is so in-favor of the manufacturer it isn't even funny.

3.2.6. That Distributor shall refrain from any business or advertising practice which may expose Manufacturer to legal action or liability or adversely affect the reputation or image of Manufacturer.

...

3.3.2. Terms of Payment. Distributor shall pay Manufacturer in accordance with the terms of Manufacturer's invoice. Manufacturer shall not be obligated to commence manufacturing for an order unless and until Distributor delivers the required non-refundable deposit described in Manufacturer's invoice. Thereafter, upon completion of manufacture and shipment of the ordered Products to Manufacturer's facilities, Distributor shall be required to pay fifty (50%) of the balance remaining. Payment in satisfaction of applicable invoice(s) is due in full prior to Manufacturer's release and delivery of the Products to Distributor. All deposits and payments are non-refundable.

...

4.6. Limitation of Liability. IN NO EVENT SHALL MANUFACTURER BE LIABLE TO DISTRIBUTOR OR ANY OTHER PARTY FOR AMOUNTS REPRESENTING INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE PERFORMANCE OR BREACH OF ANY TERMS OF THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN MADE AWARE OF THE POSSIBILITIES OF DAMAGES.

...

6.7. Force Majeure. Manufacturer shall not be liable for any delay in performance, nonperformance, delay in delivery of Products or for nondelivery of Products, in whole or in part, caused by the occurrence of any contingency beyond its reasonable control, including but not limited to war (whether an actual declaration thereof is made or not), sabotage, insurrection, rebellion, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof, judicial action, labor disputes, strikes, lockouts, inability to procure labor, services or materials, fire, accident, explosion, epidemic, pandemic, disease, illness, national/regional/local emergency, quarantine, governmental order, restriction, storm, flood or earthquake.

You’re not wrong. However, ADV doesn’t exactly have a track record of making the smart choice.

The fact that they were willing to sign this contract proves that, in my (admittedly not-legal-savvy) opinion.

 

[Solfive]

Haha! Like I said I can only speak from my personal experience with them

APG actually does work with OEMs too so they’ve made a good name for themselves in the industry

I totally understand your thoughts but it’s also where some of my uncertainty arises from. George/APG are sophisticated and have good business acumen. It seems questionable that they’d end up in a manufacturer/distributor arrangement without stipulations the distributor must adhere to. So why over the last two plus have they allowed ADV to set unrealistic expectations to customers knowing their own reputation may also be called into question. Again, ADV wasn’t hiding their advertising or apparently their influx of cash flow from them so it seems. Also, if APG has received monies from ADV then they should be held responsible for providing refunds or tops equal to the amount they were advanced, in an ethical sense at least…in other words they shouldn’t be let off the hook if they received seed money from ADV via bronco owners. My final thought is it seems very sketchy that APG can now suddenly produce tops the exact moment ADV implodes. Not sure what it all means but it’s certainly curious.

 

[Sunday Money]

Seems however that APG would be required to refund ADV if they can't produce the tops as manufacturer or would they not be culpable in all this? Granted APG has never said they can't produce them, but the lawsuit seems to insinuate they are having issues in doing so. The question also begs if they we're infact separate manufacturer and distributor, why would the distributor be giving money to the manufacturer and why would the manufacturer put themselves in this situation by accepting funds for a product they don't have? What a mess; but I guess that's why we have the judicial branch of government.

I'm thinking we could set up mediation a debate between both parties!

Hear me out... (to protect the identities we'll refer to them as Clown #1 and Clown #2)

Fact: Clown #1 filed a "middle-school-ish written" lawsuit against Clown #2.

Fact: The following day, Clown #2 inexplicably responded to the Clown #1 lawsuit on an online forum (the Circus).

Both parties seem to be "challenged" to varying different degrees.

I say lets mend those fences right here, in a forum that possibly includes multiple victims of potential fraud.

What say you ADV and APG Clowns?

 

[Razorback]

Unfortunately... no.

If you read the contracts it is extremely one-sided toward the APG. It's objectively a bad contract for ADV Fiberglass and they should never have signed it imo.

Below are just some of the highlights... it is so in-favor of the manufacturer it isn't even funny.




The fact that they were willing to sign this contract proves that, in my (admittedly not-legal-savvy) opinion.

It would seem based on the language, but not being aware of the quality of ADV's attorneys, there are common business laws that would require APG to complete their portion of consideration. If ADV delivered their cash (consideration) then there's a legal expectation that APG would complete theirs. Maybe they are running into considerable manufacturing issues but it's been, what 3 years? Both companies seem to be more interested in something else, what that might be I have no idea.

But wow that agreement is quite ridiculous to have been signed. If ADV's attorneys signed off on it, there could even be some litigation against them from ADV.

 

[Razorback]

I'm thinking we could set up a debate between both parties!

Hear me out... (to protect the identities we'll refer to them as Clown #1 and Clown #2)

Fact: Clown #1 filed a "middle-school-ish written" lawsuit against Clown #2.

Fact: The following day, Clown #2 inexplicably responded to the Clown #1 lawsuit on an online forum (the Circus).

Both parties seem to be "challenged" to varying different degrees.

I say lets mend those fences right here, in a forum that possibly includes multiple victims of potential fraud.

What say you ADV and APG Clowns?

You win the internets today!!!!

 

[Docindahouze]

T

 

[GNFITR]

Thought they said a couple of days ago they were taking these of their website and not taking anymore preorders:

https://advfiberglass.com/collections/ford/products/2021-2024-ford-bronco-hardtop

 

[Sunday Money]

Thought they said a couple of days ago they were taking these of their website and not taking anymore preorders:

https://advfiberglass.com/collections/ford/products/2021-2024-ford-bronco-hardtop

You are correct. Maybe they needed that free money stream turned on again.

 

[604Bronco]

I came here to ask very similar questions. APG seems to be leaving some extremely important details out. Those details may indicate shared culpability if ever revealed. For a company with their finger on the pulse of the industry(APG) who entered into a mutual agreement with a competitor, a relatively local company, and one with a history of poor business practices, to now plead ignorance is laughable imo. ADV is obviously responsible for their portion of this mess but APG may have exploited an opportunity here as well…allegedly.

All thoughts are purely satirical and do not necessarily reflect the beliefs of the person who typed the message.

Signed,
Staff at the Onion.

Like with many things, the truth probably lies somewhere in the middle of both their stances…

… Still leaving customers holding the bag though.

 

[_lariat]

I genuinely feel bad for those that got conned. Then again, stuff like this makes for some great memes.

 

[BroncoBoy22]

I totally understand your thoughts but it’s also where some of my uncertainty arises from. George/APG are sophisticated and have good business acumen. It seems questionable that they’d end up in a manufacturer/distributor arrangement without stipulations the distributor must adhere to. So why over the last two plus have they allowed ADV to set unrealistic expectations to customers knowing their own reputation may also be called into question. Again, ADV wasn’t hiding their advertising or apparently their influx of cash flow from them so it seems. Also, if APG has received monies from ADV then they should be held responsible for providing refunds or tops equal to the amount they were advanced, in an ethical sense at least…in other words they shouldn’t be let off the hook if they received seed money from ADV via bronco owners. My final thought is it seems very sketchy that APG can now suddenly produce tops the exact moment ADV implodes. Not sure what it all means but it’s certainly curious.

You make good points, I don’t know the answers to those questions. We’ll have to see how it plays out. This thread is going beyond 1,000 pages lol

 

[Pseudoko]

"During a meeting with the Gerwatoskys at Rooster Cafe
in Costa Mesa, California, on October 18, 2021, Gemayel asserted that the Hardtops would be
so popular and in-demand that Plaintiff would not be able to handle the manufacturing load."

How could a business plan hashed out at a "roosters" go so wrong?

I don't understand!

Because they didn’t hash out the deal at salty dawg in Orange, CA

 

[Meredith1995]

Does anyone know a good class action law firm that could represent all of us who sadly put their trust in the wrong company?

Sponsored