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  • qbrozenqbrozen Member Posts: 33,740
    venture said:

    qbrozen said:

    A bobcat and backhoe for a little sidewalk.
    Must have called the Shirk Brothers.

    I don't know what that means, but there is a lot more than what is in that picture.
    That’s a shame.

    Well, here ya go. Sorry about the quality but it is what i could find on short notice.

    https://youtu.be/wYV2lNaW3Vc

    '11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S

  • snakeweaselsnakeweasel Member Posts: 19,592
    driver100 said:

    driver100 said:

    ab348 said:

    driver100 said:

    OK....new topic. What am I supposed to do when my lawn looks like this?

    The lawn at this house has never been great, and I don't need it looking perfect, but now it is basically mud.
    Oldfarmer....where are you buddy?



    Call the guy.
    RE: Call the Guy. My front lawn was like that in parts, and where it wasn't mud it was all weeds. Years of me trying to rehab it with both manual and chemical weed removal, new box store dirt, seeds and fertilizer just never delivered much of anything worth all the effort.
    Friends who have had a similar lawn problem came over this afternoon. They said re-sodding was a waste of money...because of the trees the grass will look the same by next season.
    They suggest putting mulch is the areas that have no grass....or using small rocks. Cover the ground first with material to slow down the weeds from growing, and then use stones or small rocks. They said the trees make it so the grass will never grow very well.....we could spend a lot and end up the same by next year.

    Have you thought of Astroturf?
    I mentioned that was my plan, Astroturf, not sure how Trixie would like it! Trixie is the dog btw, not Mrs D.
    Yes I saw that after I posted my comment. I think we are spending to much time posting to each other as we seem to be thinking alike. Either that or all those Canadian geese hanging around my house are starting to make me think like a Canadian.

    2011 Hyundai Sonata, 2014 BMW 428i convertible, 2015 Honda CTX700D

  • snakeweaselsnakeweasel Member Posts: 19,592
    driver100 said:

    sb55 said:

    driver100 said:

    sb55 said:

    Weddings are such a racket. So much so that there is a Netflix series called Marriage or Mortgage. That people even choose between them is mind blowing.

    I would have eloped. That said, we had a very nice wedding - not over the top, very fun - thanks to my wife’s parents (mine did the rehearsal dinner).

    The bi*ch caterer will not give back a penny of deposit. We asked her if she would cater the 15 people and use the deposit $. She refused. We even offered her to keep 20% for her "trouble".
    We have hired an attorney to see if we can recoup something.
    I saw a Hot Bench where that exact thing happened. They made a large down payment, they couldn't hold the wedding because of covid, the wedding planner wanted to keep all the money....contract said no refunds.
    The judges gave a full refund because the wedding was cancelled for reasons out of the wedding parties control....basically everything had to be cancelled.

    My favorite TV Judge is People's Court, Marilyn Millian. She seems to concur with the Hot Bench judges. BTW, the caterer got sizeable PPP loan which is now a grant. She did better than me. I'm out 5 figures and she just thumbs her nose at us.
    One thing to remember is that those TV judges are not required to follow the law. Think of it as mediation.
    Could depend on if wedding venues were closed down by law....if that is the case it makes it much stronger that a refund should be given. Even if there is a no refund clause....you can't break the law to hold an event, and hard to collect your fees when you haven't provided a service, through no fault of the wedding party.
    It would all be driven by the wording in the contract, at the time of the signing of the contact the action was legal so you cannot void the contract due to legality. So what does the contract say about if either or both cannot fulfill their obligations and who is responsible for that. It boils down to what does the contract say and what exceptions to the nonrefundable deposit exist. Remember that it is also no fault of the caterer and they may have incurred obligations and/or expenses.

    2011 Hyundai Sonata, 2014 BMW 428i convertible, 2015 Honda CTX700D

  • sb55sb55 Member Posts: 658
    edited April 2021

    sb55 said:

    driver100 said:

    sb55 said:

    Weddings are such a racket. So much so that there is a Netflix series called Marriage or Mortgage. That people even choose between them is mind blowing.

    I would have eloped. That said, we had a very nice wedding - not over the top, very fun - thanks to my wife’s parents (mine did the rehearsal dinner).

    The bi*ch caterer will not give back a penny of deposit. We asked her if she would cater the 15 people and use the deposit $. She refused. We even offered her to keep 20% for her "trouble".
    We have hired an attorney to see if we can recoup something.
    I saw a Hot Bench where that exact thing happened. They made a large down payment, they couldn't hold the wedding because of covid, the wedding planner wanted to keep all the money....contract said no refunds.
    The judges gave a full refund because the wedding was cancelled for reasons out of the wedding parties control....basically everything had to be cancelled.

    My favorite TV Judge is People's Court, Marilyn Millian. She seems to concur with the Hot Bench judges. BTW, the caterer got sizeable PPP loan which is now a grant. She did better than me. I'm out 5 figures and she just thumbs her nose at us.
    One thing to remember is that those TV judges are not required to follow the law. Think of it as mediation.
    I would be happy to go to mediation. But, so far, just crickets from the caterer. One thing to keep in mind, this is just a food caterer. We were renting the tent, and everything else. All she did was plan a menu 9 months in advance. We knew in May that the September wedding wouldn't happen as planned.

    2025 Toyota Crown Signia Hybrid, 2022 Ram 2500 Laramie 6.4 Hemi, 2007 Mazda MX-5 Miata PRHT

  • roadburnerroadburner Member Posts: 18,345

    @jmonroe1,
    Just think, you've been wrong this whole time.
    https://www.youtube.com/watch?v=FANT1O7tR0A

    That’s not surprising; I’d say fewer than 5% of sitting judges know anything about cars/trucks. When I was a district judge the judge in the other division only agreed to take Small Claims Court on the condition that I decide all the vehicle sales and repairs cases. She would take notes during the hearing and then give them to me to decide. She was very intelligent and was an excellent judge, but her automotive knowledge was nonexistent.
    And overall attorneys aren’t much better.

    Mine: 1995 318ti Club Sport-2020 C43-1996 Speed Triple Challenge Cup Replica
    Wife's: 2021 Sahara 4xe
    Son's: 2018 330i xDrive

  • fintailfintail Member Posts: 58,431
    edited April 2021
    Classic heavily underrated movie.

    https://youtu.be/dO9nxRjIv2A

    https://youtu.be/lJhHjACjJjA
    qbrozen said:



    That’s a shame.

    Well, here ya go. Sorry about the quality but it is what i could find on short notice.

  • jmonroe1jmonroe1 Member Posts: 9,342

    @jmonroe1,
    Just think, you've been wrong this whole time.
    https://www.youtube.com/watch?v=FANT1O7tR0A

    I can think but it doesn’t seem like Michigan judges know how to think.

    jmonroe

    '15 Genesis Ultimate just like jmonroe's.
    '18 Legacy Limited with 3.6R (Mrs. j's)
  • driver100driver100 Member Posts: 32,594

    driver100 said:

    sb55 said:

    driver100 said:

    sb55 said:

    Weddings are such a racket. So much so that there is a Netflix series called Marriage or Mortgage. That people even choose between them is mind blowing.

    I would have eloped. That said, we had a very nice wedding - not over the top, very fun - thanks to my wife’s parents (mine did the rehearsal dinner).

    The bi*ch caterer will not give back a penny of deposit. We asked her if she would cater the 15 people and use the deposit $. She refused. We even offered her to keep 20% for her "trouble".
    We have hired an attorney to see if we can recoup something.
    I saw a Hot Bench where that exact thing happened. They made a large down payment, they couldn't hold the wedding because of covid, the wedding planner wanted to keep all the money....contract said no refunds.
    The judges gave a full refund because the wedding was cancelled for reasons out of the wedding parties control....basically everything had to be cancelled.

    My favorite TV Judge is People's Court, Marilyn Millian. She seems to concur with the Hot Bench judges. BTW, the caterer got sizeable PPP loan which is now a grant. She did better than me. I'm out 5 figures and she just thumbs her nose at us.
    One thing to remember is that those TV judges are not required to follow the law. Think of it as mediation.
    Could depend on if wedding venues were closed down by law....if that is the case it makes it much stronger that a refund should be given. Even if there is a no refund clause....you can't break the law to hold an event, and hard to collect your fees when you haven't provided a service, through no fault of the wedding party.
    It would all be driven by the wording in the contract, at the time of the signing of the contact the action was legal so you cannot void the contract due to legality. So what does the contract say about if either or both cannot fulfill their obligations and who is responsible for that. It boils down to what does the contract say and what exceptions to the nonrefundable deposit exist. Remember that it is also no fault of the caterer and they may have incurred obligations and/or expenses.
    Yes but if it is illegal to hold the wedding then the caterer can't fulfil their obligation either....meaning the caterer has to cancel too....so they can't keep someone's money if they won't provide the service.
    If there wasn't a legal lockdown and the wedding could be held, and the caterer wants to keep the money, then the wedding party should have been told that would happen, and they should at least get the food they paid for.
    We don't know the situation regarding holding an event in that particular place, and what communication happened back and forth - or the exact wording of the contract.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • henrynhenryn Member Posts: 4,289
    jmonroe1 said:



    Yes it is a biggie. When you hire someone to do something for you, you have every right to expect them to do it correctly. This is why I want to do things myself. I can screw it up just as good as the pro can but I can do it cheaper and I don’t have to run back and forth to have things redone.

    If I were you I’d check my lug nuts for proper torque. From what you explained I don’t think that shop pays attention to what they do. I’d never go back there again. Once bitten twice shy.

    jmonroe

    Last year I ran the truck into QuickLane at the Ford dealer for an oil change and state inspection. Their oil change package includes tire rotation. About a week later I was washing the truck and noticed the locking lug nut on one wheel was about halfway unscrewed. I got out my lug wrench and checked all lug nuts on all wheels. All 4 of the locking lug nuts were at best finger tight. The regular lug nuts were pretty much correct.

    So much for QuickLane.

    2023 Chevrolet Silverado, 2019 Chrysler Pacifica
  • imidazol97imidazol97 Member Posts: 27,677
    With that kind of lead time for the cancellation to a reduced, government-mandated, size, the caterer didn't have food orders that were already paid for and in hand. Nor did they have any firmware items that were ordered to the specifications of the wedding party.

    A judge should limit any damages to proveable items on the part of the caterer, if any at all.

    2014 Malibu 2LT, 2015 Cruze 2LT,

  • roadburnerroadburner Member Posts: 18,345

    With that kind of lead time for the cancellation to a reduced, government-mandated, size, the caterer didn't have food orders that were already paid for and in hand. Nor did they have any firmware items that were ordered to the specifications of the wedding party.

    A judge should limit any damages to proveable items on the part of the caterer, if any at all.

    It’s a textbook example of “impossibility of performance.” The caterer is betting that the customer won’t spend the money needed for a lawsuit to recover the deposit.

    Mine: 1995 318ti Club Sport-2020 C43-1996 Speed Triple Challenge Cup Replica
    Wife's: 2021 Sahara 4xe
    Son's: 2018 330i xDrive

  • 28firefighter28firefighter Member Posts: 9,834

    With that kind of lead time for the cancellation to a reduced, government-mandated, size, the caterer didn't have food orders that were already paid for and in hand. Nor did they have any firmware items that were ordered to the specifications of the wedding party.

    A judge should limit any damages to proveable items on the part of the caterer, if any at all.

    It’s a textbook example of “impossibility of performance.” The caterer is betting that the customer won’t spend the money needed for a lawsuit to recover the deposit.
    Can’t imagine how many 1Ls will have to review cases like this in Contracts textbooks in 5 years.
    2025 Jetta GLI Autobahn, 2024 Jeep Grand Cherokee 4xE
  • jmonroe1jmonroe1 Member Posts: 9,342
    henryn said:

    jmonroe1 said:



    Yes it is a biggie. When you hire someone to do something for you, you have every right to expect them to do it correctly. This is why I want to do things myself. I can screw it up just as good as the pro can but I can do it cheaper and I don’t have to run back and forth to have things redone.

    If I were you I’d check my lug nuts for proper torque. From what you explained I don’t think that shop pays attention to what they do. I’d never go back there again. Once bitten twice shy.

    jmonroe

    Last year I ran the truck into QuickLane at the Ford dealer for an oil change and state inspection. Their oil change package includes tire rotation. About a week later I was washing the truck and noticed the locking lug nut on one wheel was about halfway unscrewed. I got out my lug wrench and checked all lug nuts on all wheels. All 4 of the locking lug nuts were at best finger tight. The regular lug nuts were pretty much correct.

    So much for QuickLane.

    Welcome back @henryn. What took you so long to get back in here? You had to miss at least 15 dishwasher stories.

    jmonroe
    '15 Genesis Ultimate just like jmonroe's.
    '18 Legacy Limited with 3.6R (Mrs. j's)
  • oldfarmer50oldfarmer50 Member Posts: 24,222
    edited April 2021

    With that kind of lead time for the cancellation to a reduced, government-mandated, size, the caterer didn't have food orders that were already paid for and in hand. Nor did they have any firmware items that were ordered to the specifications of the wedding party.

    A judge should limit any damages to proveable items on the part of the caterer, if any at all.

    It’s a textbook example of “impossibility of performance.” The caterer is betting that the customer won’t spend the money needed for a lawsuit to recover the deposit.
    Finally, a pro who can articulate what we’re all dancing around.

    Below are some examples of impossibility of performance:

    One of the parties is injured and can no longer perform the duties identified in the contract.
    Stolen or destroyed property, i.e., contract for home remodeling that can no longer be performed if the home is destroyed.
    Weather conditions.
    Natural disaster.
    Government passes a law making the performance illegal.

    2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible

  • driver100driver100 Member Posts: 32,594
    jmonroe1 said:

    henryn said:

    jmonroe1 said:



    Yes it is a biggie. When you hire someone to do something for you, you have every right to expect them to do it correctly. This is why I want to do things myself. I can screw it up just as good as the pro can but I can do it cheaper and I don’t have to run back and forth to have things redone.

    If I were you I’d check my lug nuts for proper torque. From what you explained I don’t think that shop pays attention to what they do. I’d never go back there again. Once bitten twice shy.

    jmonroe

    Last year I ran the truck into QuickLane at the Ford dealer for an oil change and state inspection. Their oil change package includes tire rotation. About a week later I was washing the truck and noticed the locking lug nut on one wheel was about halfway unscrewed. I got out my lug wrench and checked all lug nuts on all wheels. All 4 of the locking lug nuts were at best finger tight. The regular lug nuts were pretty much correct.

    So much for QuickLane.

    Welcome back @henryn. What took you so long to get back in here? You had to miss at least 15 dishwasher stories.

    jmonroe
    ..........not to mention a lot of posts about hot water heaters you missed out on.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • driver100driver100 Member Posts: 32,594

    With that kind of lead time for the cancellation to a reduced, government-mandated, size, the caterer didn't have food orders that were already paid for and in hand. Nor did they have any firmware items that were ordered to the specifications of the wedding party.

    A judge should limit any damages to proveable items on the part of the caterer, if any at all.

    It’s a textbook example of “impossibility of performance.” The caterer is betting that the customer won’t spend the money needed for a lawsuit to recover the deposit.
    Finally, a pro who can articulate what we’re all dancing around.

    Below are some examples of impossibility of performance:

    One of the parties is injured and can no longer perform the duties identified in the contract.
    Stolen or destroyed property, i.e., contract for home remodeling that can no longer be performed if the home is destroyed.
    Weather conditions.
    Natural disaster.
    Government passes a law making the performance illegal.
    Another factor is receiving a benefit when no work or service was performed. So the caterer thinks they just get to walk off with an amount of money (called a windfall), and not do anything to get it. As imid said, they have to show what their actually losses were and did they try to lessen any loss if there actually was a loss - which seems doubtful.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • ventureventure Member Posts: 3,169
    qbrozen said:

    venture said:

    qbrozen said:

    A bobcat and backhoe for a little sidewalk.
    Must have called the Shirk Brothers.

    I don't know what that means, but there is a lot more than what is in that picture.
    That’s a shame.

    Well, here ya go. Sorry about the quality but it is what i could find on short notice.

    Ahhh. OK. I forgot about that. Funny.

    2025 Forester Limited, 2024 Subaru Legacy Sport

  • graphicguygraphicguy Member Posts: 14,123

    henryn said:

    Ah, wedding parties, what can I say. Before the pandemic and the resulting lockdown, I had a part time gig as a DJ. Which meant I did a lot of weddings, mostly the back yard variety or the rented hall (VFW, Knights of Columbus, whatever). I see absolutely no need to spend a fortune on a wedding. Everything is negotiable, and can be toned down, and still have a memorable experience. For instance, I do most weddings for $300 or so, depending, where the big commercial guys get an average closer to $1k.

    I’m not a big church goer myself, but a wedding is a great time to belong to a church. You can truly get married, have a great experience, and spend very very little. For my friends, I have been known to donate my services.

    Most churches do not charge their regular church members for the church rental or the officiator fees. It is considered part of the normal pastoral services to the congregation. When we got married we weren't charged for the services but we did give the pastor a gift (cash) for his time and service.
    It’s been a good while, but I distinctly remember the Priest telling me what his charges were to officiate the wedding ceremony. I don’t remember the amount, but I thought it was a little strange for him to do so, and that the amount wasn’t cheap. I had to throw money at the alter boys, and the “crew” for cleanup afterwards. I don’t think anyone made a mess, to my knowledge. But, there was a line card of charges that was given to me.

    Maybe things have changed.
    2024 Kia EV6 GT-Line AWD Long Range
  • driver100driver100 Member Posts: 32,594
    If you are looking for something to watch on Netflix give "Halt and Catch Fire" a try....it's a hidden gem. It is like Suits, only it is about coming out with the first portable - laptop computer and the main guy Joe is like Harvey, totally ruthless and does all kinds of cons and scams in each episode...he drives a nice Porsche too. RottenTomatoes 90%; https://www.rottentomatoes.com/tv/halt_and_catch_fire

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • ab348ab348 Member Posts: 20,293
    Halt and Catch Fire was originally on AMC some years ago, around the same time that Mad Men was on the air.

    2017 Cadillac ATS Performance Premium 3.6

  • explorerx4explorerx4 Member Posts: 20,735
    Last night I watched a few episodes of the Mission Impossible TV series from the 60's.
    They had a marathon of it on the Decades channel, which I did not know I even had.
    I enjoyed watching them.
    2024 Ford F-150 STX, 2023 Ford Explorer ST, 91 Mustang GT vert
  • tjc78tjc78 Member Posts: 16,976

    tjc78 said:

    qbrozen said:

    stickguy said:

    I still have my standing offer. I will pay for plane tickets to Vegas and they can get married in the Elvis chapel. Then I will give them money toward a car.

    My daughter was all in on the car part.

    My bride-to-be's dad offered a cash payout to forego the wedding. HIS wife, however, was having none of that. My wife regrets not taking the deal. We did get a fair bit of money at the wedding from the guests, but about 50% less than he was going to give us. Oh well. We had already purchased the house a couple of months before the wedding, so no worries there. We did spend A LOT on restaurants during our honeymoon, though. :)
    Our bar bill from our honeymoon cruise was pretty scary lol. I guess getting stuck at sea during super storm Sandy does that! 9 day cruise turned into 13.
    They didn’t comp your booze for the delay?
    I think they gave some free wine at dinners. The delay wasn’t their fault.

    It’s always a good story to tell. I mean how people get stranded on a cruise ship during their honeymoon? 40’ waves, a missed port in the Caribbean and an extra stop in Boston. We also had no way of knowing if our car was flooded at the cruise terminal or if we would be able to get out of the city.

    A lot of people got off the ship in Boston to fly home or rent cars to drive back home. Since our car was parked at the port there wasn’t much we could do.

    2025 Ram 1500 Laramie 4x4 / 2023 Mercedes EQE 350 4Matic

  • snakeweaselsnakeweasel Member Posts: 19,592
    driver100 said:

    driver100 said:

    sb55 said:

    driver100 said:

    sb55 said:

    Weddings are such a racket. So much so that there is a Netflix series called Marriage or Mortgage. That people even choose between them is mind blowing.

    I would have eloped. That said, we had a very nice wedding - not over the top, very fun - thanks to my wife’s parents (mine did the rehearsal dinner).

    The bi*ch caterer will not give back a penny of deposit. We asked her if she would cater the 15 people and use the deposit $. She refused. We even offered her to keep 20% for her "trouble".
    We have hired an attorney to see if we can recoup something.
    I saw a Hot Bench where that exact thing happened. They made a large down payment, they couldn't hold the wedding because of covid, the wedding planner wanted to keep all the money....contract said no refunds.
    The judges gave a full refund because the wedding was cancelled for reasons out of the wedding parties control....basically everything had to be cancelled.

    My favorite TV Judge is People's Court, Marilyn Millian. She seems to concur with the Hot Bench judges. BTW, the caterer got sizeable PPP loan which is now a grant. She did better than me. I'm out 5 figures and she just thumbs her nose at us.
    One thing to remember is that those TV judges are not required to follow the law. Think of it as mediation.
    Could depend on if wedding venues were closed down by law....if that is the case it makes it much stronger that a refund should be given. Even if there is a no refund clause....you can't break the law to hold an event, and hard to collect your fees when you haven't provided a service, through no fault of the wedding party.
    It would all be driven by the wording in the contract, at the time of the signing of the contact the action was legal so you cannot void the contract due to legality. So what does the contract say about if either or both cannot fulfill their obligations and who is responsible for that. It boils down to what does the contract say and what exceptions to the nonrefundable deposit exist. Remember that it is also no fault of the caterer and they may have incurred obligations and/or expenses.
    Yes but if it is illegal to hold the wedding then the caterer can't fulfil their obligation either....meaning the caterer has to cancel too....so they can't keep someone's money if they won't provide the service.
    If there wasn't a legal lockdown and the wedding could be held, and the caterer wants to keep the money, then the wedding party should have been told that would happen, and they should at least get the food they paid for.
    We don't know the situation regarding holding an event in that particular place, and what communication happened back and forth - or the exact wording of the contract.
    Yes we don't know the conditions and, most importantly, the wording of the contract. That's why I said to read it carefully as that is the driving force here. I am not defending the caterer in anyway and despite the contract I think the caterer should work with the OP in an equitable way. That being said the courts will most likely go with what the contract states unless the plaintiff can demonstrate a breech of contract by the caterer. Now it is neither the wedding parties nor the caterers fault so it is a rather messy situation. But knowing lawyers as I do there is a good possibility that there is an "Acts of God" clause in the contract that would cover this situation. You know this isn't the first time something like this couldn't occur due to no ones fault.

    2011 Hyundai Sonata, 2014 BMW 428i convertible, 2015 Honda CTX700D

  • imidazol97imidazol97 Member Posts: 27,677
    Waiting for report about @driver100 and his tire.

    Waiting for more info from @abacomike about his G90.

    2014 Malibu 2LT, 2015 Cruze 2LT,

  • snakeweaselsnakeweasel Member Posts: 19,592

    With that kind of lead time for the cancellation to a reduced, government-mandated, size, the caterer didn't have food orders that were already paid for and in hand. Nor did they have any firmware items that were ordered to the specifications of the wedding party.

    A judge should limit any damages to proveable items on the part of the caterer, if any at all.

    First of all it's not damages, it's contractual obligations. The lead time isn't all that great and a caterer is going to quickly set up things so s/he isn't running around trying to acquire things s/he needs at the last minute. This usually allows them to get better prices. So they are then signing contracts and making deposits which means they are not just sitting on that money.

    The judge should follow the contact and urge the two parties to work out anything else.

    2011 Hyundai Sonata, 2014 BMW 428i convertible, 2015 Honda CTX700D

  • imidazol97imidazol97 Member Posts: 27,677
    edited April 2021



    The judge should follow the contact and urge the two parties to work out anything else.

    Since states have used and abused authority to change the rules for people and businesses, the judges
    need to use the same flexibility to interpret what damages, if any, need to be paid. The caterer likely
    collected PPP damages. It's public knowledge and there is a site to search by name for those businesses.

    The website for the search has been posted here but I don't have it saved anywhere.

    I'm sure Judge Jody would run right through this based on her initial opinion.


    2014 Malibu 2LT, 2015 Cruze 2LT,

  • ab348ab348 Member Posts: 20,293
    I'm not understanding @snakeweasel 's position here. The caterer did not provide the services they were contracted to provide. The reason was neither the fault of the caterer nor the customer but an external event. I can see some negotiation possibly for a small sum to cover what little work the caterer might have already undertaken, but not the full amount of the large deposit. Most caterers I have dealt with do not buy food very far in advance, and supplies for a 150-person event would quickly get used up with other business. We do not know the timelines involved here which would help however. Regardless, it does not seem to be reasonable on their part and the kind of negative publicity such an insistence could generate if publicized would be very damaging to their reputation and business prospects. It seems very shortsighted.

    2017 Cadillac ATS Performance Premium 3.6

  • snakeweaselsnakeweasel Member Posts: 19,592
    driver100 said:

    With that kind of lead time for the cancellation to a reduced, government-mandated, size, the caterer didn't have food orders that were already paid for and in hand. Nor did they have any firmware items that were ordered to the specifications of the wedding party.

    A judge should limit any damages to proveable items on the part of the caterer, if any at all.

    It’s a textbook example of “impossibility of performance.” The caterer is betting that the customer won’t spend the money needed for a lawsuit to recover the deposit.
    Finally, a pro who can articulate what we’re all dancing around.

    Below are some examples of impossibility of performance:

    One of the parties is injured and can no longer perform the duties identified in the contract.
    Stolen or destroyed property, i.e., contract for home remodeling that can no longer be performed if the home is destroyed.
    Weather conditions.
    Natural disaster.
    Government passes a law making the performance illegal.
    Another factor is receiving a benefit when no work or service was performed. So the caterer thinks they just get to walk off with an amount of money (called a windfall), and not do anything to get it. As imid said, they have to show what their actually losses were and did they try to lessen any loss if there actually was a loss - which seems doubtful.
    Ah, but was the service simply not performed or prevented from performing? there is a big difference between taking the money and not doing anything and taking the money attempting to perform but being prevented by outside sources. Again what does the contract say since there was no apparent breech of contract.

    2011 Hyundai Sonata, 2014 BMW 428i convertible, 2015 Honda CTX700D

  • MichaellMichaell Moderator Posts: 262,570
    driver100 said:

    If you are looking for something to watch on Netflix give "Halt and Catch Fire" a try....it's a hidden gem. It is like Suits, only it is about coming out with the first portable - laptop computer and the main guy Joe is like Harvey, totally ruthless and does all kinds of cons and scams in each episode...he drives a nice Porsche too. RottenTomatoes 90%; https://www.rottentomatoes.com/tv/halt_and_catch_fire

    Great show. Have you watched all the seasons yet?

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  • snakeweaselsnakeweasel Member Posts: 19,592

    henryn said:

    Ah, wedding parties, what can I say. Before the pandemic and the resulting lockdown, I had a part time gig as a DJ. Which meant I did a lot of weddings, mostly the back yard variety or the rented hall (VFW, Knights of Columbus, whatever). I see absolutely no need to spend a fortune on a wedding. Everything is negotiable, and can be toned down, and still have a memorable experience. For instance, I do most weddings for $300 or so, depending, where the big commercial guys get an average closer to $1k.

    I’m not a big church goer myself, but a wedding is a great time to belong to a church. You can truly get married, have a great experience, and spend very very little. For my friends, I have been known to donate my services.

    Most churches do not charge their regular church members for the church rental or the officiator fees. It is considered part of the normal pastoral services to the congregation. When we got married we weren't charged for the services but we did give the pastor a gift (cash) for his time and service.
    It’s been a good while, but I distinctly remember the Priest telling me what his charges were to officiate the wedding ceremony. I don’t remember the amount, but I thought it was a little strange for him to do so, and that the amount wasn’t cheap. I had to throw money at the alter boys, and the “crew” for cleanup afterwards. I don’t think anyone made a mess, to my knowledge. But, there was a line card of charges that was given to me.

    Maybe things have changed.
    Well first off I did say most churches, there are many that don't. We didn't have to pay anything for the church or for the officiators and organist, although we did present them with something for their time. And we had the ceremony at a different church than our own, same denomination though.

    There is one church near where I used to live that had very strict rules on who can get married there. You had to be a member of that specific congregation for a specific period of time before requesting the use of the church (I think a year). The reason being was that it was a very beautiful church, classic early American church design, in an open park setting which drew an unusual amount of interest in it's use for weddings. So due to all the problems they had with it regarding weddings they restricted the use to weddings for congregation members only.

    2011 Hyundai Sonata, 2014 BMW 428i convertible, 2015 Honda CTX700D

  • driver100driver100 Member Posts: 32,594
    Michaell said:

    driver100 said:

    If you are looking for something to watch on Netflix give "Halt and Catch Fire" a try....it's a hidden gem. It is like Suits, only it is about coming out with the first portable - laptop computer and the main guy Joe is like Harvey, totally ruthless and does all kinds of cons and scams in each episode...he drives a nice Porsche too. RottenTomatoes 90%; https://www.rottentomatoes.com/tv/halt_and_catch_fire

    Great show. Have you watched all the seasons yet?
    We have just watched the first 5 episodes....I think Netflix has 3 seasons of 10 episodes each. Rottentomatoes indicates there is a 4th season...maybe not on Netflix.
    There's some good stuff on Netflix and Amazon, sometimes it is hard to find what you like. I tried googling different lists...Top drama on Netflix, Top thrillers on Netflix.....this one only appeared on one list of about 5 I checked on. The 40 minutes flies by.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • driver100driver100 Member Posts: 32,594
    ab348 said:

    Halt and Catch Fire was originally on AMC some years ago, around the same time that Mad Men was on the air.

    Thanks....I wondered how I missed it. Glad I stumbled on it.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • MichaellMichaell Moderator Posts: 262,570
    driver100 said:

    Michaell said:

    driver100 said:

    If you are looking for something to watch on Netflix give "Halt and Catch Fire" a try....it's a hidden gem. It is like Suits, only it is about coming out with the first portable - laptop computer and the main guy Joe is like Harvey, totally ruthless and does all kinds of cons and scams in each episode...he drives a nice Porsche too. RottenTomatoes 90%; https://www.rottentomatoes.com/tv/halt_and_catch_fire

    Great show. Have you watched all the seasons yet?
    We have just watched the first 5 episodes....I think Netflix has 3 seasons of 10 episodes each. Rottentomatoes indicates there is a 4th season...maybe not on Netflix.
    There's some good stuff on Netflix and Amazon, sometimes it is hard to find what you like. I tried googling different lists...Top drama on Netflix, Top thrillers on Netflix.....this one only appeared on one list of about 5 I checked on. The 40 minutes flies by.
    So much for you to see...

    Love the fictionalization of the computer industry running through the plot lines.

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  • driver100driver100 Member Posts: 32,594

    Waiting for report about @driver100 and his tire.

    Waiting for more info from @abacomike about his G90.

    Thanks, I can answer for me. Most garages are closed on the weekend now, because there isn't enough business to be open 6 or 7 days....one of the busier garages said his business is down about 40% since covid.
    The closest Tire Chain store is one that I don't completely trust because of a prior experience many years ago, and their website gave the dimensions for the tires as 19 inches when I looked up replacements by vehicle model, and it is 20 inches, which didn't inspire confidence.

    I called my MB Dealer....I could bring the car in today and leave it, they would try to do it between jobs if they could, no guaranty and I have to leave it. First appointment I can make is Wednesday....I can take it in at 10 a.m. and leave it. At least if the bolt isn't puncturing the tire we can go home, if it does puncture the tire they can patch it or order new ones....I'll pay extra but it will be done right. And if the wheel comes off I have confidence they will tighten the lug bolts properly, not so sure about the chain store.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • driver100driver100 Member Posts: 32,594
    ab348 said:

    I'm not understanding @snakeweasel 's position here. The caterer did not provide the services they were contracted to provide. The reason was neither the fault of the caterer nor the customer but an external event. I can see some negotiation possibly for a small sum to cover what little work the caterer might have already undertaken, but not the full amount of the large deposit. Most caterers I have dealt with do not buy food very far in advance, and supplies for a 150-person event would quickly get used up with other business. We do not know the timelines involved here which would help however. Regardless, it does not seem to be reasonable on their part and the kind of negative publicity such an insistence could generate if publicized would be very damaging to their reputation and business prospects. It seems very shortsighted.

    Agree 100%, and the caterer can help mitigate the cancellation by finding another customer....if weddings were actually permitted to take place...if they weren't legal at the time the caterer has to abide by the laws and can't keep the money....they can't provide the service which was paid for.

    One lesson might be to not pay 100% and to make sure the cancellation agreement is reasonable. Probably 10 to 25% as a deposit would be reasonable, maybe 50% a month before the event. All kinds of things can happen...sickness, eloping, cold feet, argument, death in family, hurricane, flood, etc.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • abacomikeabacomike Member Posts: 12,388

    Waiting for report about @driver100 and his tire.

    Waiting for more info from @abacomike about his G90.

    They got the SOS system working this morning - the Genesis Connect System from car button to Verizon tower still not working. I think they are probably getting closer to solving this. SOS works similarly to the Genesis Connect System - so the engineers are getting closer.

    2024 Genesis G90 Super-Charger

  • snakeweaselsnakeweasel Member Posts: 19,592
    ab348 said:

    I'm not understanding @snakeweasel 's position here. The caterer did not provide the services they were contracted to provide. The reason was neither the fault of the caterer nor the customer but an external event. I can see some negotiation possibly for a small sum to cover what little work the caterer might have already undertaken, but not the full amount of the large deposit. Most caterers I have dealt with do not buy food very far in advance, and supplies for a 150-person event would quickly get used up with other business. We do not know the timelines involved here which would help however. Regardless, it does not seem to be reasonable on their part and the kind of negative publicity such an insistence could generate if publicized would be very damaging to their reputation and business prospects. It seems very shortsighted.

    Let me try to explain, two parties signed a contract. Said contract is legally binding and outlines the duties of each party to the contract. The contact will say what would happen if one party breeches the contract and what the other parties recourse is. It should also state what are each parties recourse is if the contract cannot be performed due to neither parties actions (Acts of God). The contract should also identify deposits and what happens to deposits under various situations including "acts of God". Both parties of their own free will entered into this contract and knew (or should have known) the conditions of the contract. Due to this if it goes to court the court should only look at the contract, what it says and interpret it against contract law.

    So based on what we have been discussing a judge should look at what the contract says about acts of God and deposits and make a determination based on that as both parties agreed to in those clauses.

    Now that being said caterers usually order food and supplies well ahead of the event. They may receive it just before the event but they do order it early on so they don't get caught flat footed to close to the event and sometimes they can get a discount this way too. They typically have to place a deposit on these orders too so one of the reasons a caterer wants a deposit so that they can put down deposits on their orders.

    It's a messy situation to be sure but the only way to resolve this is to see what the two parties agreed to which is recorded in the contract.

    2011 Hyundai Sonata, 2014 BMW 428i convertible, 2015 Honda CTX700D

  • driver100driver100 Member Posts: 32,594
    @snakeweasel Even if that was all true, the cater would only be out the cost of the actual perishable food. The much greater cost is the labor, the time to make the food, probably putting it out and probably serving it. At most they might keep about 20% of the deposit....if the wedding had to be called off because it could not go ahead because of covid rules.
    Have to read the contract but judges have some discretion whether the terms make sense. Especially if the caterer couldn't have actually served the dinner because things were shut down.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • carnaughtcarnaught Member Posts: 3,576
    @driver100, if I were you, I would take the car to the dealer to address the tire issue. That is if another reputable tire store is not in close proximity.
  • imidazol97imidazol97 Member Posts: 27,677
    Inflation has hit ground up wood now. Lowes has a 2 cu ft shredded hardwood bark mulch for 4.28$.
    Now it's being replaced by an identical bag with 1.5 cu ft for the same price on the store's website.
    That's a 33% increase in pricing.

    So the increase in pricing on cars seems to be in line with other parts of the economy, no matter
    what the consumer index comes up with.

    2014 Malibu 2LT, 2015 Cruze 2LT,

  • driver100driver100 Member Posts: 32,594
    carnaught said:

    @driver100, if I were you, I would take the car to the dealer to address the tire issue. That is if another reputable tire store is not in close proximity.

    I agree carnaught. It is one of those things where I see people try to save a bit and it ends up costing more in the long run. I had a bad experience at the chain store....there is a good indie garage in town but how good is he at getting the right tires if I need them? Then there are things to consider such as the air pressure monitors, and putting the wheel back on correctly....will the indie do it right?
    The GLK is 6 years old, it has 21000 miles on it, Mrs D loves it and it suits her perfectly, and it hasn't cost a lot over the last 6 years...just expensive oil changes and batteries.

    Trying to get things done cheap and paying more is a pet peeve of mine. I know of a guy who took his Toyota in because it had a leak and he couldn't spot it. He took it to the indie guy who has a shack of a garage and does work for a lot less. He got the car home and it had leaked overnight onto the driveway....it was water at least. The Toyota dealer would have charged more but I am pretty sure it would have been done right the first time....without wasting all this time and energy figuring out how to handle it now.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • dino001dino001 Member Posts: 6,191
    edited April 2021
    driver100 said:

    If you are looking for something to watch on Netflix give "Halt and Catch Fire" a try....it's a hidden gem. It is like Suits, only it is about coming out with the first portable - laptop computer and the main guy Joe is like Harvey, totally ruthless and does all kinds of cons and scams in each episode...he drives a nice Porsche too. RottenTomatoes 90%; https://www.rottentomatoes.com/tv/halt_and_catch_fire

    Saw that when it was on AMC. Great series in general, although somewhat uneven. First and second seasons were great, the rest fell a little bit in quality, but still worth watching. I like the characters in general, because they are all flawed, complex, everybody is a hero, everybody is a villain at some point. The backdrop of Silicon Prairie and Valley is quite interesting. Don't know if it's "real enough" for those who know it, but it looks plausible enough (with understanding it's still a TV show) for those outside. BTW, to me Joe what Steve Jobs would have looked like if he hadn't been successful.

    2018 430i Gran Coupe

  • snakeweaselsnakeweasel Member Posts: 19,592
    driver100 said:

    @snakeweasel Even if that was all true, the cater would only be out the cost of the actual perishable food. The much greater cost is the labor, the time to make the food, probably putting it out and probably serving it. At most they might keep about 20% of the deposit....if the wedding had to be called off because it could not go ahead because of covid rules.
    Have to read the contract but judges have some discretion whether the terms make sense. Especially if the caterer couldn't have actually served the dinner because things were shut down.

    While the judge does have some discretion they generally have to follow what the contract states unless if it goes against the law. And if one part is found to go against the law contracts usually have a clause stating that if one part is found to be unlawful the rest of it stays in effect. If the contract states no refund with no exceptions then unless the caterer created breech of contract then legally it's no refunds.

    Now I do think that the caterer should work this out to give back at least a part of the deposit less anything he spent in good faith, but he would only be legally required as per the contract.

    2011 Hyundai Sonata, 2014 BMW 428i convertible, 2015 Honda CTX700D

  • fintailfintail Member Posts: 58,431
    Lumber prices (as in wood for building) are up over 100% YOY. Not an identical product, but I am kind of surprised that product hasn't inflated more, along with household paper goods.

    I just wish housing followed the wacky CPI.

    Inflation has hit ground up wood now. Lowes has a 2 cu ft shredded hardwood bark mulch for 4.28$.
    Now it's being replaced by an identical bag with 1.5 cu ft for the same price on the store's website.
    That's a 33% increase in pricing.

    So the increase in pricing on cars seems to be in line with other parts of the economy, no matter
    what the consumer index comes up with.

  • mlevinemlevine Member Posts: 591
    I had an experience with tires at an infiniti dealership. Had as part of a service tire rotation. When wife got SUV home was making a lot of noise in front tire. Popped of hub cap and found one of lug nuts was not on. I placed in back on and tightened it. When I need tire stuff now go to bjs or costco.
  • driver100driver100 Member Posts: 32,594
    mlevine said:

    I had an experience with tires at an infiniti dealership. Had as part of a service tire rotation. When wife got SUV home was making a lot of noise in front tire. Popped of hub cap and found one of lug nuts was not on. I placed in back on and tightened it. When I need tire stuff now go to bjs or costco.

    I haven't had any kind of similar experience, but usually when I hear about an error like that, it is an indie, a chain retailer and not usually the dealer. I know a friend had to take his Honda CVR back to get an oil filter put on properly 4 times, at a fast oil change place in town.......I don't think the dealer would have done that. Tire chain stores seem to be pretty reliable for tires since that is their main business....they don't want to mess up their bread and butter business.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • driver100driver100 Member Posts: 32,594
    @snakeweasel I think it is time to let it go until we know more details or a final conclusion. In most cases I would agree, but it depends on a few things we don't know, and I have a feeling that if weddings aren't allowed, then the caterer couldn't perform a service, so is out of luck.....but, no way to know for sure with what we know. Yes, an ethical decent person would give a sizable refund in such a case. Another reason I don't like 100% down payment is because this kind of business can easily go out of business before the wedding too, making it really hard to collect.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • driver100driver100 Member Posts: 32,594
    I know many of you are curious about what is happening with my lawn situation....so here is the update;
    Resodding would cost about $3000! And there is no real guaranty that would would fix the problem.
    Using oldfarmers suggestions, and by asking 2 neighbors who seem to know what they are doing...we will see how much it would cost to put down a layer of really good soil, and buy a good quality high grade grass seed that will grow in the shade. We have to get a quote and we'll ask the people at a large gardening/nursery place what would be best.
    Oldfarmer got me on the right road I think :p

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • driver100driver100 Member Posts: 32,594
    Interesting...my last post was number 28650, but going back all my posts are 28650. I thought the last ones weren't registering but I guess they all get changed as you move up in the world.

    2017 MB E400 , 2015 MB GLK350, 2014 MB C250

  • snakeweaselsnakeweasel Member Posts: 19,592
    driver100 said:

    I know many of you are curious about what is happening with my lawn situation....so here is the update;
    Resodding would cost about $3000! And there is no real guaranty that would would fix the problem.
    Using oldfarmers suggestions, and by asking 2 neighbors who seem to know what they are doing...we will see how much it would cost to put down a layer of really good soil, and buy a good quality high grade grass seed that will grow in the shade. We have to get a quote and we'll ask the people at a large gardening/nursery place what would be best.
    Oldfarmer got me on the right road I think :p

    For a lot less you could spray-paint the dirt green.

    2011 Hyundai Sonata, 2014 BMW 428i convertible, 2015 Honda CTX700D

This discussion has been closed.