ComplaintsforDanny Clark Co., Inc.

• Initial Complaint

  08/23/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  On 8/3/2022 I purchased a 1986 Champion 710a motor grader that was sold on an online only auction by AuctionTime.com for Clark Heavy Equipment, Pleasureville KY. (aka Danny Clark Co) for $3,400.00. The description of the auction read: “EROPS, Ex-Gov't Machine, Scarfier, Cummins Diesel, Tires 12.00X24, New Clutch, Excellent Condition for Age. Starts and Runs as shown in videos but it needs Universal Joint. We will assist winning bidder with loading at no additional cost” When I received the motor grader, not only did it need a universal joint but also needed the 4 final drive chains and sprockets (something that you cannot see until the machine is taken apart). This machine also arrived with the driver’s seat made out of wood, 2 flat tires, 2 completely dead batteries, broken glass in door, rust through holes on both sides of the cab, leaking radiator, leaking moldboard cylinder, numerous bolts and nuts missing, and no evidence of a replaced clutch or that this machine was an ex-government road grader. Basically, this machine is worthless/unusable until I spend many thousands of dollars getting it repaired. I spent $235.64 in parts for the 2 universal joints and $159.07 to have the 2 tires repaired, only to find out the machine would not move, and upon further investigating I discovered the missing chain drives and sprockets. This machine will not move under its own power. I have received the quote from Arnold Machinery, the chains and sprockets will cost $4581.76 plus shipping cost. I would have never bought this machine if I knew the extent of repairs needed. I sent the seller, Clark Heavy Equipment, 2 emails about their gross misrepresentation of the machine’s condition. Both emails were sent to the address from which I received their invoice. The company has yet to reply.

  

  Business response

  09/16/2022

  The business owner informed BBB that the motor grader was consigned to an auction company and sold online.  A video was made by the auction company and available with a description of the condition of the motor grader.  The consumer bought the motor grader at a salvage price of $3400.  The invoice that the consumer signed says "AS-IS" in large letters.  The business owner does not feel the consumer is due a refund at this time.

  Customer response

  09/19/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

  
  Clark Heavy Equipment sold this motor grader through Auctiontime.com.  The description and videos were provided by Clark Heavy Equipment. 
  
  Normally the “As Is” clause in a Bill of Sale protects the seller from liability for imperfections or flaws found after the sale.  It does NOT protect the seller when they withheld or been outright deceptive about information that would have allowed a buyer to make an informed decision.
  
  If the motor grader only needed a universal joint, this would have been a non-issue.  Not only did it need a universal joint but it also needed the 4 final drive chains and sprockets. You cannot see this until the machine is taken apart. As their name states, Clark Heavy Equipment, is a heavy equipment dealer.  They would be considered a heavy equipment specialist.  It is inconceivable that they were not aware that this motor grader was missing many expensive and vital components. 
  
  According to the Kentucky Consumer Protection Act (367.170) Unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.  My next step will be filing a complaint with the Kentucky Attorney General.  I will also start a lawsuit if Clark Equipment is unwilling to make any compensation.
  
  So far this motor grader has cost me: $3,400 – Auction Price, $5,317.44 – Hauling, $4,922.66 – Chains & Sprockets, $2,462.92 – Bushings, Bearings, Seals, $235.64 – 2 Universal Joints, $159.07 – Tire Repair, $75.57 – Seal.
  A total of $16,573.30.  Which does not include any labor.  The machine is still not running because more problems are being found.  Yet in the auction listing this motor grader was suppose to be in “Excellent Condition”.
  
  
  Regards,
  
  **** ******

  

  Business response

  09/27/2022

  Our Position Remains the same.  Auction Time / Machinery Trader came and took the pictures and video of the machine and posted them to their online auction.    Pictures provided on the online advertisement show the condition of the machine, flat tires, wooden seat, broken glass, rust, oil leaks etc.  All equipment sold by Clark Equipment including those sold on auction time are all sold as is where is and we encourage all customers to do their own inspection before purchasing a machine.  The grader was purchased under value at a salvage price and is in " excellent condition for its age " a 36 year old road grader. 

  Customer response

  10/03/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  The business offered no solution.  I will be contacting the Kentucky Attorney Generals office about the Consumer Protection act.  
  
  Regards,
  
  **** ******

• Initial Complaint

  01/03/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  Our company ********, based in the State of Florida purchased a Motor Grader 14 /1979 model ,based on the information advertised online onr.Com Machinery Trade ,We agree with the sales person over there in Clark Equipment the terms and the condition on the machine, he express us the machine was working , runs a drive except for the motor circle drive ( He never told us the machine has missing the (CIRCLE DRIVE GP) etc AND WE proceed to agree on the purchase taking on account the fact the machine have missed one part stated on the add ( circle drive motor) but our surprise was when we receive the machine month later a couple parts was missing, they advertised the machine as follow: Ripper,14"moldboard push, Runs good ,needs circle drive motor. but when we received that the machine has missing THE CIRCLE DRIVE GP, AND TWO MAIN Cylinders TO CONTROL THE MOLDBOARD , THEY NEVER MENCION ON THE ADD those part was missing , I call the guy in sales he says sorry i can not help you out, my hand are tide for the management, We been trying unsuccessfully talk with the manager never answer, the amount of the transaction was $40900 (invoice # ********) by wire transfer.The cost for those used missing parts is over $ 10000 What we see here is a misleading advertised in order to trick customers , we need your help to resolve this issue, as We can note the parts number advertised missing do not belong to the part advertised: circle drive motor which they says is missing is VERY DIFERENTE at the number of the real part misses ( drive circle motor) . attached invoice, please we need you guys to help us on this issue

  

  Business response

  01/24/2022

  AESA, LLC.  Did purchase a motor grader from Clark Equipment.   The motor grader purchased was missing the circle drive motor.   The customer was made aware of this issue before they purchased the machine.   The customer was provided multiple pictures of the machine, including the area where the part should have been.  The motor grader was advertised on machinery trader without the circle drive motor and it was specifically mentioned on their invoice.   They were made very aware that the machine was missing parts. When purchasing equipment it is up to the customer to fully understand what they are purchasing.   We can not be held accountable for the fact that they did not understand what was missing when it was clearly advertised.  I have included a picture of what is included when you search for a circle drive motor at the local CAT dealership. 

  Customer response

  01/24/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  Regards,
  
  *** *******

  
  

  
  

  Our responde at Clark Equipment aa follow, 

  
  

  Yes they advertised the Machine without a motor circle drive but the tricky Advertising  here  is they DO NOT  advertised the missing part was  the GP MOTOR CATERPILLAR PART NUMBER  ******  instead a ****** Which is the Motor circle drive belonging to GP MOTOR DRIVE thats is crystal clear  the motor circle drive has a different part number to the GP MOTOR drive , thats the point  also they do not mention either  the grader was without two missing cylinders,  the cylinder center shift and the lean wheel cylinder i do have the pics  on it , basically when you are selling on line you are liable by law to be very carefully clear to state  of the machine to any customer in USA  , I like to state another thing we ask them fron the beginning we paid for 2 brand new batteries to be installed and they  do install refurbish batteries 4 years old ,we never  have any vendor during our year purchasing used , an  new  equipment  situation like that.

  
  

  I hope they come up with reasonable settlement on this case , because the over cost on it exceed  $  13000 so far on top of that those part missing are not available in the USA territory neither Canada  We are completely sure  they new it from the beginning about this  situation about the missing parts  because they are not new on this business reselling used stuff

  
  

  Thank you

  
  

  *** ******* ***** ** 

  
  

  
  

  
  

  
  

  
  

  
  

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩