DAK Diesel

First of all I want say that I discussed with *** how we would provide a 4 year warranty on the engine if it was rebuilt to our specifications. Never once did I discuss a 6 year warranty. Warranties at DAK Diesel vary according to the extensiveness of the scope of work done to said customer’s/engine or truck, the model of said engine or truck, and or the year of the said engine or truck and also the damage viewed of said engine or truck.

*** had the truck towed into our lot on June 26th. We told *** that before his truck could be touched we had to finish up with another customers truck. We did not know the extent of the damage in the engine due to the fact that we did not open it up yet. *** wanted the oil leaks fixed, and the injection pump rebuilt. We started work on the ***’s truck on July 14th and we found dropped valves in the engine, worn cylinders, damaged pistons and damaged cylinder head. We advised a full engine rebuild and said that the price would probably be around $25k depending on the damage that we find. So we tore the engine completely down and sent the engine block and crankshaft off to the machine shop. The machine shop decked the engine block, bored and sleeved the lower cylinder bores, line bored the engine block and found the crankshaft to be bent. We advised *** that we estimated the engine rebuild would now be getting close to $32K. Never once did I imply any estimate was a quote. This is due to the fact that the truck is a 1990 Peterbilt and the engine, wiring/ mechanical portion of the truck was in very rough shape. The ***’s were advised that the work on the truck would not continue until $15k was received as down payment. They asked if $16k was ok and I agreed. After a lot of the ***’s promising that the funds were approved I assured them that I could not continue work until I received a down payment.

I finally received payment three weeks later of $16,000 on 8/5/2019(copy of deposit enclosed). We then ordered parts for the engine and had the engine block sent back to us. There was a 3 day delay in the engine block getting here that was MME’s fault. However, they said that if I wanted it guaranteed if should have been red freighted. The crankshaft took 5 days to receive. As we put the engine together we asked ***’s about getting a new clutch, fixing the battery cables, fixing the heater hoses, washing the inside of the engine frame, and other things. *** called us almost daily so we almost never had to call Jim. When we would advise *** of a needed repair he would ask if we thought it was needed or that we were the experts and that he would let us make that decision if it was needed.

There were delays due to the machine shop in Mandan messing up the wrist pin bushings and that we found of that our parts supplier sent the wrong crankshaft. We proceeded to order a new crankshaft and we sent the rods off to the machine shop in SD to have the wrist pins installed correctly.

On the 22nd of August *** texted me and asked me if I could produce an invoice so they could get me paid up before they went on vacation. She said that anything over and above the $32,000 we be paid directly by them and not a check from the bank. At this time the engine was not yet assembled so it was not yet installed in the truck. I provided an invoice for where we were at on parts and labor and or where I thought we’d be at in parts and labor. I came to find out that DAK Diesel was still not billed for many parts yet. As for additional cost of the new crankshaft and or labor for all the tidiest jobs of installing the engine as fixing old wiring, securing hoses and wiring that should be done on an out of frame engine rebuild. When it came time to start the truck the truck did not want to start because it was cranking over too slow. We advised *** that the batteries were bad. *** said that they were giving him trouble so just replace them, which we did. The truck still cranked over slow. *** then brought a used starter to the shop and we installed it and it didn’t work so *** went and bought a new starter. *** and *** think we shouldn’t be paid for the labor.

The night *** and *** came to pick up the truck, I helped them install the headlights on the truck. Then we came into the office and I asked if we could review the bill. They handed me a check for $3951.73 and said that is all they were paying. Things got heated and *** stood up and said they were done when I reminded her that they said that the remaining balance would come out of the funds for their new shop. She yelled at me and said that was private and that they were done and that is when *** drove out of the yard with the truck. I proceeded to call the sheriff at that time because it is against the law to one’s truck from the shop’s location without permission or paying the bill.

The following days to appease the ***s, I dropped some parts and all the labor that either could be contested or was not approved. *** asked me to wash the inside of the frame when I advised him of the grease on it. My mechanic Brandan later told him that time to wash the frame might be a factor so *** said that he would was it. I was not made aware of that conversation so when we did have time to wash the frame I had Brandan wash it. After *** picked up the truck he staunchly insisted he never approved of the frame being washed. So to the appease the ***s that labor was dropped and any other labor that we put into the truck if we didn’t discuss it directly with the ***’s we dropped.

The warranty paper contract clearly states that the repair bill must be paid in full for there to be any warranty. See Attached.

I am also willing to come to the Attorney General’s office and show all the times that the ***’s viewed the invoice. Even though they deny viewing the invoice as I updated it. This information is irrefutable.

Attached is a copy of out written work order with all the labor on it that the ***’s did not get charged for.

To resolve this issue I am willing to drop the remain balance and void the warranty. Then both parties go their own way.