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I am making this posting in the hope of saving someone from going
through what I have been going through and to ensure that it gets the coverage it deserves amongst the gliding community. It revolves around a business transaction between myself and Ales Cebavs, the managing director of AMS-Flight in Slovenia. It began at the start of January 2010 when I made a Euro 3165.27 (about $5100 Australian dollars at the time) bank transfer to AMS- Flight on behalf of my local sailplane repair company, for a horizontal stabilizer for my LS3. This was after receiving a proforma invoice which confirmed that AMS-Flight agreed to the supply of this part. The terms and conditions required payment up front which I did in good faith. In mid-March, it was discovered that the wrong horizontal stabilizer had been manufactured. Fortunately this was discovered before AMS- Flight shipped the product although I have no proof that the wrong part was actually manufactured. I was then advised by Ales that he would need to try and find the correct mould needed for the manufacture. On 21 June 2010, I was advised by Ales that it would not be possible to provide the horizontal stabilizer and that my money would be refunded. I immediately provided Ales with my account details so that the refund could be processed. After that, all went quiet. He refused to respond to any of my e-mails requesting the status of my refund. After two frustrating months of trying to recover my money, on 18 August I made a posting here (http://www.aviationkb.com/Uwe/Forum.aspx/ soaring/12723/AMS-Flight-Out-of-business). It had the desired effect as suddenly Ales was communicating again and he was not happy, insisting that I remove that posting before he would consider returning "part" of my money. On 8 October I issued him with a deadline of 15 October to return my money in full which he chose to ignore. He seems to have lost sight of the fact that he, and AMS- Flight, have engaged in a contract with me to provide a part. Any legitimate and self-respecting company would refund the price in full if it was unable to meet that contract. Ales seems to think that he and AMS-Flight are above that and have no responsibility to do the right and legal thing. He is in direct breach of several articles in the Slovenian Consumer Protection Act and the Slovenian Trade Act and I have recently reported this to the Slovenian authorities. What really amazes me is that here is a supposedly legitimate manufacturing company, whose relatively small customer base is primarily made up of the gliding community, that shows no respect for that customer base and is quite willing to keep any money paid to it regardless of the outcome. No business can survive these days with that kind of attitude. Maybe one day Ales might be kind enough to offer an explanation for his irrational behaviour. I must point out that these comments are in no way intended to reflect badly on those companies listed as distributors on the AMS-Flight website. They are independent of AMS-Flight and I am certain they have their own issues with Ales. It would be very interesting to hear from others who have had a run-in with Ales and AMS-Flight. If there are enough of us then maybe we can bring some collective pressure to bear, whether that be in the form of a class action lawsuit or simply reporting these illegal and criminal activities to the Slovenian authorities. In any case, I will continue to fight to have Ales return my money. As an individual I certainly cannot afford to ignore someone who is effectively attempting to steal over AUD$5000 from me. Bob |
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