The APG dude could not be more tone deaf.
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Honestly, ask yourself, if you were running APG, would YOU shut the doors, shut down, and go in hiding due to what an internet forum thread is talking about? Let me state this again. NOBODY except the parties involved actually know what happened. Everyone is simply guessing and adding OPINIONS. If you had a business and decided to stop doing business because of this, you would not be in business.
This will be hashed out in court. Until then, at least for APG, it's business as usual. It is up to the consumer if they want to do business with said company.
This will be hashed out in court. Until then, at least for APG, it's business as usual. It is up to the consumer if they want to do business with said company.
Reminds me of mugshots where the perp is smiling. Again, "raise the roof" without at least acknowledging this controversy is fucking tone deaf beyond all measure.
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That's pretty much a good TLDR version of it.
They should, but this thing has just blown up much that it's probably going to be the end of ADV. Originally I also thought it might bring down APG as well but I went back and read through the contract posted with the law suit and it seems like APG sure covered their ass. All I can think of is why in the hell would ADV sign that contract. There is a few things in this contract that basically say ADV would be SOL if things went south. Few highlightsShould ship the hard tops they owe adv who owes customers. Imagine the backlash if they sell the tops to new customers without fulfilling the preorders
"2.4.2. Sales Volume Performance. Distributor and Manufacturer shall, in good
faith, determine a mutually agreeable minimum order requirement for Distributor on or before
March 31, 2023, and thereafter Distributor shall use its best efforts and maintain sufficient working
capital and demand for the Products to attain the minimum order requirement."
Basically ADV needed to find ways to keep funding this project
"No Liability. Manufacturer shall have no liability under this Agreement for any
damages suffered by Distributor or any third party, including but not limited to, damages for
personal injuries or loss of profits, or consequential, exemplary, incidental or punitive damages,
even if Manufacturer has been advised of the possibility of such damages"
and then the big one
"2.1.1. Appointment. Manufacturer appoints Distributor as the exclusive
distributor for the wholesale distribution and retail sale of Products within the Territory.
Notwithstanding the foregoing, Manufacturer reserves the right to distribute and sell, directly or
indirectly, any of the Products within the Territory, and to use the same in connection with
Manufacturer's other products and services, including without limitation, Manufacturer's Bronco
ProRunner project."
Basically APG said you are going to be our exclusive distributor but we will also have the right to sell direct or indirect as well.
Sure seems like while they agreed to split costs and profits, the coverage in the latter half of the contract sure makes it seem like ADV was taking all the risk
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Considering that Hennessy is still in business after all the illegal BS they did to customers I won't be shocked if both ADV and APG are still around after this.
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Hennessy has definitely come to mind a lot throughout this debacle
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What's the cliff notes on Hennessy?
Same kind of bullshit. Taking money and never delivering, to sum it up quickly. But the influencers he treats to test drives and trips would never have you think so.
https://jalopnik.com/ex-employees-say-hennessey-is-a-bigger-mess-than-you-ev-1778134112
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Every single person who bought a hard top can and should demand their money back. ADV by law has to provide the top or the money. If they don't have the top or the money, they will go out of business. Unless all the customers just take it on the chin and do nothing about it. Which is what it seems like people are doing. Every one of you should be filling.
Just because ADV told people otherwise, doesn't make it so. Make no mistake, this is against the law, but if no one complains, they get away with it.
If it was my money, I'd file in court individually, none of that class action crap. No way would I let them steal my money and not fight back.
Just because ADV told people otherwise, doesn't make it so. Make no mistake, this is against the law, but if no one complains, they get away with it.
If it was my money, I'd file in court individually, none of that class action crap. No way would I let them steal my money and not fight back.
BINGO! Both ADV and APG are blaming the other. Unfortunately the laywers will be the only winners.
That battle is between those two companies and has nothing to do with the customers who are still out 7,000 dollars. They have to act now also.
“At APG if we can’t do it right we aren’t going to do it at all. We aren’t even going to talk about it”
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He said it right... Just that one peep on that thread.“At APG if we can’t do it right we aren’t going to do it at all. We aren’t even going to talk about it”
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