Forum member "flypig" and Gorilla Industries

Let me start by saying I'm just letting everyone know of my experience so they can be wary of buying something on a forum.
 
I bought what was supposed to be a Power FC for a gen3 3sgte off the member "fly pig" on here (see thread ) and it turns out to be a unit for a GT Starlet (they start off life as sw20 units and have their firmware re written). I have contacted the member to get my money back naturally and his only response was to say "that's impossible I bought it from Gorilla Industries". I have replied many times to him and he has not written back so clearly he has wiped his hands of the situation and is showing no responsibility. Regardless of if he knew he should be taking responsibility and pushing the issue back up to the source.
  I contacted Gorilla Industries thinking yeah they are a known company they may be able to come to the party and help me out. Their response was a blunt "because you didn't buy it from us we can't help you". So are they saying that if the original purchaser got in contact with you about it you can help???
 
I contacted the Datalogit company in the hope they may be able to rewrite the firmware back to 3sgte but alas it is not possible with this unit.
 
So there we have it, a pretty **** experience all round. I have tried to sell it online (because of the aformention lack of help from both parties above) with the correct description (Most Starlets require a patch loom for this unit to work) but so far it's been hard to sell. So short of selling it dirty cheap and writing off hundreds of dollars I'm pretty well stuck.
 
caveat emptor it seems. 

Hi Cuts205,
 
I am glad that you send me the text again today. I was overseas for 5 weeks and damaged my iphone and with the new phone now I lost your SMS. Anyway to get the thing clear, I bought this power FC through another forum member here "Craig1978" last April and was planning to install into my sw20. At that time my sw20 was under full engine rebuild at Paul Brell's workshop and never had the chance to install & tune into my MR2. Before I purchased from Craig1978, I did checked with Dylan from Gorilla industries to make sure that Power FC he sold to Craig1978 was all in good order and Dylan's reply was all good!
 
Here is the original ad that Craig1978 was posted: http://www.mr2australia.com/mr2play/tm.aspx?m=107508
 
As said, I never had the chance to install the Power FC unit before and after the rebuild, me & my mechanic both have decided to use Haltech later on when I upgrade to a bigger turbo. I sold the unit to you back in July 2014 and about a week later you received the Power FC, I still remember that you forward me a text saying that you have installed the power FC into your car and much appreciated and was running beautifully. What I don't understand is 6 months later that you are telling me this Power FC unit is for the GT Starlet.

I've also got an mr2 power fc (the pro model) in my ST205 and it works fine, when you turn it on naturally it comes up with 3s-gte.
 
Ok so Gorilla Industries must have sold a dodgy product, below is an image of what comes up when you plug it into the car and power it on. As I said in the other thread the GT starlet units start off life as sw20 ones, then get their firmware re written.
As for Flypig, how could I have had it going and been happy when it doesn't run the car. You must have me confused with someone else.
 

 
Australian Consumer Law section Section 18(see ) this is misrepresentation as it was sold as something that is for a 3sgte and it isn't. Naturally he is liable for negligent behavior, whilst he didn't know he was doing the wrong thing, he still did it. Flypig could also argue negligence and miss rep on the part of the previous purchaser Craig1978, who could then do the same. So that brings us back to Gorilla Industries. According to Craig1978's add it was tried and tested by them. If this is the case did it magically rewrite it's own firmware? Of course not.

Cuts205
Australian Consumer Law section Section 18(see ) this is misrepresentation as it was sold as something that is for a 3sgte and it isn't.
Naturally he is liable for negligent behavior, whilst he didn't know he was doing the wrong thing, he still did it.
Flypig could also argue negligence and miss rep on the part of the previous purchaser Craig1978, who could then do the same.

I love a good quote of a section of law.
 
'Misrepresentation'? Well, he sold the item in good faith believing it was for a 3SGTE (well I assume he did) If he was aware that it was not for said purpose and sold it as such you may have an argument. If he acted in good faith and sold it as he thought it to be he really hasn't done anything wrong.
 
Quote "Naturally he is liable for negligent behavior, whilst he didn't know he was doing the wrong thing, he still did it"
 
 
'Negligence' - "Doing something a reasonable and prudent person would not do" or "Not doing something a reasonable and prudent person would do"  
It's not a 'strict liability' offence in this matter (if there was an offence at all) If he did it and wasn't aware that was the case, you can't argue negligence. You couldn't anyway. Negligence? No.
 
I think you are drawing a long bow to say that Gorrila has liability. It's been through at least two other owners hands since then and any changes or damages could have been made by these persons.
 
 
The forum really can't take any responsibility for what's bought and sold here. You obviously can give your feedback and disappointment but throwing up some legislation and a couple of legal words doesn't solve any problems.
 
 

Definitely 'Buyer Beware' with any private sales, not just on forums, but also gumtree, classified ads, garage sales  .
I believe Australian Consumer Law mainly applies to transactions between registered businesses and their customers.
If the original purchaser had discovered the problem and taken it back to their supplier, it would all have been sorted out then... I'd be pretty annoyed too though, if i was in your situation. I'm pretty sure that nobody on this forum is out to rip anybody off deliberately. We're generally a fairly tight community that tries to help each other out. I hope that flypig tries to contact the person that he bought it off, and hopefully you can work your way up the chain, so that maybe Gorilla can help out in some way. I can understand their difficulty in assisting you, as you are not the original purchaser. Imagine if you bought a second hand tv at a private sale that had a problem, and you tried to take it back to Harvey Norman without a receipt.... i doubt you'd get much help there either.

Cuts205
 

 

That is no MR2... the Gen3 ECU had 4 plugs on it.

Cuts, I can understand your frustration, but best I can do for you is help sell your unit and help source you another one.
 
1. You did not purchase the item from us. You have no contract with us. We have no liability to you.
2. As your story goes, I sold a unit to someone. This person then sold a unit to someone else (flypig). Flypig asked me if I had sold a unit to the first member, to which I said yes. There's no guarantees that this first member even sent flypig the exact same unit as I sold to him in the first place.
3. Even if this happens to be the same unit, the unit was originally sold well over 24 months ago, we cannot vouch it was not tampered with after it left our hands.

Just FYI the ACL covers any transactions made, not just limited to business to consumer transactions.
 
Exactly right, you win some you lose some.
 
Thanks Dylan, any help selling the unit will be greatly appreciated, I do still need a power fc for the car, ill shoot you guy an email.