This is truly a terrible thing; Dali has such a great website and good prices with lots of great stuff for our cars.
The only way to do business with them, unfortunately, is apparently COD. To bad, ultimately that costs them business because I won't do COD, I like to pay with my CC and have the product shipped to me. No fuss no muss. Then if they do not ship and they have charged, the CC company will reverse the charge.
If I can't trust a vendor, I just do not do business with them. Like most of you, I have a little money to spend on my car and it is a shame Dali Racing is so short-sighted as to not either know or care enough to correct their problem. This type of stuff is what causes businesses to fold instead of moving to the next level.
Advisory - The following is not legal advice, but merely some hi-test for the fuel-cell.
As a suggestion, I would consider sending them a very professional (no disparaging remarks, not that you would) demand letter in which you state clearly that you want your parts delivered by XXX (give them 14 days to be safe) OR you want your money refunded immediately. Advise them that in the absence of their compliance, one way or the other, you will seek the remedies afforded you under the law.
You could file a civil action (Small Claims) on them (in your jurisdiction) and take them to court for the remedy you seek, $$$$$$. Your damages ($) are generally limited to the actual out of pocket loss plus your court fees generally. Can't get pain, suffering, loss of consortium with your car (
), etc.....
Since they are doing business via the Internet, accepted your money and said they would send your parts, I am pretty sure they are (legally) consenting to jurisdiction in your town, state, etc. Then you can go down to your local court house and file a Small Claims action, ($5K maximum in CA) against them. All you need do then is have them served. I believe as a business you can send them Certified Mail, also send a copy via delivery confirmation, (no signature by recipient required) as well as tossing one in the regular mail. In this case I might even send them a copy via E-mail for the fun of it.
If they don't show up you will receive a default judgment and can then have that filed against their business, make it public, turn it over to collections so it hurts their credit rating, etc.
Additionally, should a business in this situation try to file Bankruptcy (BK) at some future point, their debt to you will not be forgiven as any judgment that pre-dates their BK filing would not be excused.
Oh it might also be fun to have another NSX owner who might live in the Dali Racing area who has been burned, serve a copy on Dali for you personally too. They might get a real kick out of that.
Good luck and I hope other potential Dali shoppers read these post before sending cash. I say COD or not at all.
