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JOHN
L. CONNOLLY vs. MARIO GAVAZZI, aka VINTAGE WERKS RESTORATION
Mr. Gavazzi and I became acquainted in the early part of the year 2001, via our participation in the newsgroup rec.autos.makers.vw.aircooled (RAMVA). After some email correspondence, Mr. Gavazzi placed an order with my company, Aircooled.Net, Inc. He was granted discounted pricing due to his status as a reseller of restoration services, and via payment by his VISA, Mr. Gavazzi's first order was fulfilled and shipped as requested on February 27, 2001. Through the course of this successful business transaction, and some email and instant messaging (AOL IM) conversations, the following was established:
When Mr. Gavazzi mentioned his eagerness to see the West, it occurred to me that he might be interested in a partial trade: his labor (at a reduced rate) on my '63 deluxe (a project car that I didn't have time to do myself), in exchange for paid travel expenses to and from Utah, opportunity to see some of the western US via a planned road trip to the Bug-O-Rama show in Phoenix, AZ, paid admission to the event, and room and board during his stay. I proposed the idea, and Mr. Gavazzi expressed sincere interest. We continued to email to finalize the details. I stated specifically to Mr. Gavazzi via email that I was seeking complete rust repair of all affected body panels, appropriate prep work and professional painting, and reassembly of the '63. I further clarified that I would provide all necessary tools, that I would provide and pay for all materials and supplies, and that I would arrange and pay for appropriate paint booth time. I emailed Mr. Gavazzi close-up digital pictures of the vehicle (below), and he replied that he could "easily" perform the requested work in a week's time.
No "rates" for his labor were provided by Mr. Gavazzi as part of this initial agreement, normal, discounted or otherwise. I repeatedly asked Mr. Gavazzi how much payment he would want in addition to the already established benefits he would receive from the arrangement, but he declined to make a dollar commitment until he could see the vehicle in person (which I accepted as a valid reason for not giving an estimate until he was on site; I did VW restorations for a living for 15 years and understood the various factors involved). He assured me that his price would be "fair" and that it would reflect the fact that he was trading part of his time for the "all-expenses-paid vacation" and chance to both see the west and attend a well known, large western VW show. A voucher for his airfare was mailed to Mr. Gavazzi. Mr. Gavazzi was free to make reservations for dates of his visit that would be at his convenience, which he did. He arrived in Salt Lake City on April 5, 2001. Upon his arrival, he viewed the '63, this time in person, and again expressed that he was confident the work could be performed before his scheduled departure, even with the necessary time subtracted to travel to and attend the VW show in Phoenix. He still declined to give a price for his labor at this point and again assured me that "it would be a good deal". We left for Phoenix the following morning. As agreed in our email conversations, Mr. Gavazzi assisted to load/unload our utility trailer for the trip, as well as helped to set up our tradeshow booth at the show site. Mr. Gavazzi's admission to the VW show was paid by me (as agreed) and once the booth was set up (by 8 am on the day of the show) he was free to roam and enjoy the car show, swap meet, and drag races for the entire day. He assisted in packing up the booth at the end of the day. This help was much appreciated and was an understood part of the original barter agreement. We enjoyed a sociable drive together both directions, between Salt Lake City, Utah and Phoenix, Arizona. During this drive we, naturally, talked cars, and I happened to mention during the course of conversation, that I was looking to buy an older beetle (preferably with any/all rust repaired and already painted since I don't have time to do bodywork myself) for a project that I had in mind. Mr. Gavazzi volunteered the information that he had a '59 Euro that was in "very good" shape that he was looking to sell. Mr. Gavazzi proceeded to describe the vehicle. I was wary that, being an "east coast car" it probably had more rust than I was willing to accept. Mr. Gavazzi responded by proposing that he would do the necessary rust repair and paint work as a condition of sale. We came to an agreement, verbally, that I would purchase the car for $1250, plus pay an additional $1250 for the bodywork and paint to bring the vehicle up to my stated standards. Since I planned to put a performance engine in this vehicle and so was interested in removing excess body weight, I indicated to Mr. Gavazzi that I would be shipping him some fiberglass body panels for the vehicle that I wanted installed before he painted. This would further save him some of the bodywork that might otherwise have been needed. Although we did not specifically discuss the matter, I made the reasonable assumption that I was buying the car "complete" (i.e. including all original body panels), as Mr. Gavazzi had described and offered it, and that any body panels that I was asking Mr. Gavazzi to remove would still remain with the vehicle upon delivery (this is a reasonable assumption since body panels for a '59 Beetle have some resale value and it is common to sell unneeded car parts to help fund a restoration project). Mr. Gavazzi asked if I would mind paying up for the '59 front because he was having cash flow problems and there was a car that he wanted and had a chance to buy if he acted quickly. If I paid beforehand (rather than upon delivery -- and he was unsure when he thought he could get to the work on the '59) then he could get the car he wanted (and not miss out on the deal), and it was for this reason that he was willing to let the '59 go for the agreed amount. Within the Volkswagen community, $2500 is a decent deal, and not unreasonably high or low price to pay for a Beetle that has endured a significant amount of rust repair. At this point in time, I believed that Mr. Gavazzi was my friend, and I trusted him completely. This transaction, and the amount discussed for this "new project" was completely separate from the, at that time, still uncompleted and unbilled work for the '63. We returned to Salt Lake City from attending the Phoenix VW show in the evening of April 8, 2001. Mr. Gavazzi lived and ate for free at my home, and I covered the cost of meals and lodging when we were on the road and when eating out socially in Salt Lake City. He was provided with an insured vehicle while in Utah which he was free to use for personal transportation. He was provided with the promised tools, materials and supplies as needed to perform the requested work. He was a sociable and unobtrusive houseguest. Mr. Gavazzi had booked his return flight home for April 14th, which gave him 5 days to work on the '63 after we returned to Salt Lake City from the trip to Phoenix. He claimed to be a professional, and so I treated him like one: I did not "hover" or inspect his work, nor did I attempt to monitor his progress. I allowed Mr. Gavazzi complete license to work at his own pace, but after a day or two, I became quietly concerned that he had not allowed himself the requisite time to complete the work by his self-imposed deadline. Mr. Gavazzi worked steadily, but not constantly - he stopped often to socialize with myself, my wife and our little girl. I would estimate that he worked an average of approximately 5 hours per day for the five days that he allocated for working on the '63. At the end of Mr. Gavazzi's scheduled visit, the work on the '63 was not complete. The rust repair work was mostly done, but the prep and paint and reassembly were still pending. It was obvious that he would have to return in order to complete the project. Though the quality of the work performed thus far was acceptable [definitely NOT "first rate" as Mr. Gavazzi's lawyer puts it in his letter, but this was going to be a daily driver so I wasn't looking for perfection], I was understandably disappointed that more progress had not been made. More disappointing was the fact that the necessity of a 2nd visit would mean further expense to me. But I decided not to make an issue of the additional expense or disappointment, and we proceeded to discuss the possibility of a return visit to complete the work. I suggested that if his 2nd visit was properly timed, he could "ride along" and be of assistance for the load, unload, setup and drive for 2 more VW tradeshows - I indicated that in this way he would also be helping to offset the unexpected additional expense of the 2nd visit. The prospect of a 2nd visit seemed to excite Mario. He stated that he had had an enjoyable time, (which he reiterated in a follow up email, below) and that the opportunity to see more of the west and attend 2 more well-known tradeshows was more than worth coming back for. It was agreed that he would schedule his 2nd visit for dates that surrounded both the VW Classic and the Sacramento Bug-O-Rama, and that the space in between would be more than enough to give him time to complete the prep, paint and reassembly of the '63.
[I have included the above email as evidence that Mr. Gavazzi indeed appreciated and enjoyed his visit and stay with my family. To provide context for those reading this chronology: Channa is my wife, Vegas is my dog. My daughter was only a few months old at the time of this visit, and like many first time fathers, I was experiencing doubt and concern about my capacity to care and provide for a completely dependent little one. Ironically, several comments have been made by Mr. Gavazzi's in the public forums where he accuses me of being both a delinquent husband, son, and father - quite the about face from his comments above! And finally, his reference to his "hand deal" is regarding nerve damage that Mr. Gavazzi has in one of his hands which he CLAIMS does not affect the quality of his work -- I'd love to blame the crappy job he did on my 63 on his hand, but frankly, I think the crappy work is the result of his lack of character and work ethic!!]. As he was leaving for the airport I gave him a 2nd airfare voucher for use on his next visit. I also asked him if he had a feel now for how much cash remuneration he would be asking for his work. He expressed that he had encountered a little more rust "behind-the-scenes" than he had originally anticipated, but still declined to make a final dollar commitment until the work was complete. For now, he said, "$500.00 should cover the work done so far". This seemed reasonable for the number of hours he had put in thus far (approx 25-30). I handed Mr. Gavazzi $500.00 CASH, for which he said he would send a receipt when he returned home. To date, Mr. Gavazzi has not sent a receipt for the cash payment for the work performed on the '63 during the period of April 9-14, 2001. After Mr. Gavazzi returned home to North Carolina, I promptly mailed Mr. Gavazzi a check in the agreed amount of $2500.00 (payment in full) for the purchase of the "rust repaired"'59, (along with his cell phone which he had left behind at our house). The memo line clearly states "'59 Euro", differentiating the payment entirely from the transaction involving his work on the 63. This check cleared Mr. Gavazzi's account on April 30, 2001. Mr. Gavazzi said he would send the title to the '59 Euro as soon as the check cleared. I also quickly arranged to ship the fiberglass body panels that he would need to proceed with the bodywork and paint prep for the '59.
Within a short time of the check being cashed, I received an email from Mr. Gavazzi stating that I was now the "proud owner of a 59 Euro" (below). After sending the agreed amount for the car, having the check clear, and then receiving the email confirmation below that the deal was done, I made the reasonable assumption that work on the '59 would commence within a reasonable time frame, and that I would receive periodic updates on his progress.
During conversations with Mr. Gavazzi during his visit in April, it had also arisen that there was soon to be a VW show in Mr. Gavazzi's home state of North Carolina. I was interested in attending this show, and made the necessary flight and lodging arrangements, then contacted Mr. Gavazzi to let him know that I would be in his neck of the woods. Since I did not presume to stay with Mr. Gavazzi, we made arrangements to meet at his place of residence/work for the purpose of viewing and transferring the title for the '59 that I had purchased. I also asked Mr. Gavazzi if he would mind if I shipped and temporarily stored some demo products and tradeshow equipment to his address for the purpose of picking up and using at the show that I would soon be attending the following Sunday. Mr. Gavazzi was willing to accommodate my request, and the items were shipped. During my visit to North Carolina, I met with Mr. Gavazzi at his place of residence/work, and had the opportunity to view the '59 Euro in person. At the time of my visit (early May 2001), the '59 was parked in his driveway, and was in what is commonly considered to be "complete" condition: All original body panels, interior, knobs, trim, and lights were installed on the vehicle. The vehicle had a working engine in the engine compartment. Upon inspection, I determined that the vehicle had a significant amount of rust - MORE than Mr. Gavazzi had led me to believe, but I trusted that he would perform the agreed body and paint work and deliver the vehicle to me in the agreed condition; fully rust repaired and painted, and with all original parts for reassembly. The fiberglass body panels that I had shipped to Mr. Gavazzi for use on the '59 had been received, and were being stored by Mr. Gavazzi in a shed, out of the elements. I deemed this to be an appropriate temporary storage place for these expensive and UV-sensitive parts, until they could be installed on the vehicle and properly preserved by painting. During this visit, Mr. Gavazzi's personally handed me the title to the '59 Euro, since he had already received and deposited full payment for the vehicle (the check #1072, pictured above which I had sent by mail). I noted that the title had never been transferred into Mr. Gavazzi's name, but was still "open" due to the previous owner's release signature, but Mr. Gavazzi stated that this was "allowed in North Carolina". I took him at his word, since at this point I still did not have reason to doubt his honesty. The title is currently in my possession (copy below). I have obliterated the VIN and title numbers to ensure that Mr. Gavazzi does not use them to get a replacement title for the vehicle.
When it came time for me to package my show equipment and demo products for shipment back to Salt Lake City, Mr. Gavazzi generously offered to continue storing the demo products and tradeshow equipment at his establishment, for me to retrieve and use when I attended future East Coast shows (which I fully intended to do). Mr. Gavazzi did not request any payment for this storage service, and I assumed that since we seemed to be developing and enjoying a win-win relationship, that his offer was genuine and reliable. I left the items in his care, and returned to Salt Lake City to await Mr. Gavazzi's 2nd visit to Utah to complete the work on the '63. Mr. Gavazzi arrived for his 2nd visit on May 23, 2001. He had one full day in Utah before it was time to pack and drive to the VW show in Sacramento. I do not recall if Mr. Gavazzi opted to begin work on the '63 on that first day. Again, I treated Mr. Gavazzi as a professional and a friend, and assumed that he could appropriately manage his own time. Mr. Gavazzi had scheduled his return flight home for June 13, 2001. Mr. Gavazzi was aware of the dates and travel time needed to attend the two VW shows scheduled for during his visit, and I left it up to him to determine how long his stay needed to be to complete the work on the '63. We returned from Sacramento on the morning of May 29th, 2001 and we did not leave Salt Lake City again for the next VW show until the evening of June 7th, 2001. Mr. Gavazzi worked at his self directed pace on the '63 during this time. During this visit, I was performing some maintenance work on one of my work vans, and I did a quick (20 minute) welding job on the exhaust on my Honda. Though at the time I didn't specifically note the occurrence nor clock the duration, I do recall that Mr. Gavazzi did provide some minor assistance with the tune up and alternator replacement on my work vehicle, and I think he might have passed me a tool or held a piece of exhaust for the Honda. But I certainly never dreamed that his "kind offer to assist for a few minutes" was being recorded for future inflated billing!! [Posted toward the bottom of this online document is a copy of a letter from Mr. Gavazzi's attorney in which Mr. Gavazzi asserts that I forced him to "work on all my cars" while he was visiting. Frankly I think that his mention of it as part of his arguments to support his claims(or divert attention from the real issues) is just another example of his filibustering and extremely poor taste!] It also happened that during Mr. Gavazzi's visit this time, my company was scheduled to move into a new warehouse. This move was not foreseen or planned at the time that the original plans for his 2nd visit were made. However, the move did not rely on Mr. Gavazzi's assistance, nor did the move impede his access to work on the '63 with the necessary provided tools and equipment. It is true that Mr. Gavazzi offered to and did assist with loading and unloading our moving trailer. This was certainly NOT a requirement of his visit - it was very clear that completion of the '63 was the first and foremost goal. Mr. Gavazzi was making choices of his own accord, and generously offered and provided a half day's assistance with our warehouse move. I can only assume that he believed that he had the time to spare. There was never any indication that he would receive any compensation for his "moving man" assistance, nor did he request any payment for his help. I had arranged for the necessary help to effect the move WITHOUT Mr. Gavazzi, and I never indicated or assumed that would be available or willing to assist. In addition, the entire move of my company's inventory between locations was effectively completed within a 2 day period. [Mr. Gavazzi gave a totally skewed rendition of this event via the letter from Mr. Gavazzi's attorney.] It also needs to be clarified that while performing the body work on the 63, Mr. Gavazzi accidentally broke a gauge on a welder that was being stored in the garage where he was working. It was agreed that I would simply deduct the cost of replacing the gauge from Mr. Gavazzi's final bill when he submitted it to me. Here are the DURING pictures of the work Mr. Gavazzi performed on the 63:
By June 7th, Mr. Gavazzi had CLAIMED that he had repaired all the rust on the vehicle, and he had prepped and painted the '63. He had done body work and paint that was borderline acceptable for a daily driver belonging to a NON perfectionist. It would certainly NOT be in the category of "top quality restoration work" which are the words used in the letter from Mr. Gavazzi's attorney. The only portion of the agreed work remaining was to reassemble the vehicle. But since it was time to attend the 2nd of the scheduled VW shows, the '63 project was placed on hold again. We returned to Salt Lake City from this 2nd VW show trip late in the day on June 11th, which left Mr. Gavazzi with one final working day to complete the reassembly of the '63. Mr. Gavazzi did NOT complete reassembly of the car in the one day he had allotted. In fact he made practically NO headway on the reassembly on his final day, nor did he attempt to gather and keep the parts that he had removed from the car together for easy and safe storage or project continuation -- [I'm still angry about this since, several months later, when I attempted to gather the parts and begin reassembly myself, many of the original parts for the car were suspiciously missing!]. Despite the work not being entirely complete, I did not deem it worth booking a THIRD all-expenses-paid visit for Mr. Gavazzi (enough is enough!), and so I asked him to submit his final bill for services rendered to date. After a few moments of deliberation, Mr. Gavazzi scribbled a calculation of his hours worked and a total, $1500.00, onto a napkin and handed it to me. I clarified with Mr. Gavazzi that this was a TOTAL for services rendered (i.e. my cash payment of $500 at the end of his first visit was to be deducted from this amount before I paid it). He confirmed that of the $1500.00 submitted, I had already paid $500.00 and that the replacement cost of the broken welder gauge was also to be deducted before I cut him a final check. Recall that this total was for LABOR ONLY, and in my opinion was a reasonable amount for him to charge, when taking into consideration the other aspects of the barter that Mr. Gavazzi had received and enjoyed, and also in light of the fact that I had paid for ALL the necessary parts, supplies, and paintbooth time. I informed Mr. Gavazzi that I would research the replacement cost of the gauge and then send him a check for the balance. Mr. Gavazzi left Utah on June 13th, 2001. It took a couple of weeks to acquire the replacement cost of the broken gauge, but I kept him apprised of my progress and promptly mailed him the balance owed and final payment for the '63 one month later. The check was dated July 19th, 2001, and was cashed by Mr. Gavazzi on August 6th, 2001.
This check was for the balance of the amount owed on the 63 labor -- The amount of $991.10 reflects the deduction of the $500 cash payment I gave him at the end of his first visit to Utah, and the deduction for the welding guage that he broke in my garage from the total billed amount for the labor on the 63 (recall the "napkin bill" that he submitted to me, which I regrettably do not still have -- it never occurred to me to keep the "napkin" for future proof!!). I mistakenly wrote "check #2" on the memo line because at the time that I wrote it, it slipped my mind that the FIRST payment I gave him for the 63 was in CASH, not a check. This "check #2" was NOT (as is asserted in the letter from Mr. Gavazzi's attorney) a "second payment for the 59"!!!! This transaction was COMPLETELY SEPARATE from the transaction to purchase the '59 Euro, for which Mr. Gavazzi had deposited payment IN FULL of $2500 a full 6 weeks earlier! (Also note that his email "congratulating" me on my ownership of the 59 Euro PREDATES the check for $991.10 that bears the memo notation "check #2). Within the next few weeks, on a day that it isn't snowing, I will take the 63 in question out of storage and take pictures of Mr. Gavazzi's handiwork and post them. I can assure you that with the missed rust spots, insufficient sanding, and paint drips, this is hardly a show quality restoration...and frankly it is about equivalent to the bodywork and paint one might get from a local neighborhood Maaco (notorious for it's low quality work).
After Mr. Gavazzi left Utah the 2nd time, I periodically contacted him, mainly by email, for updates on the progress on the '59. I was not in a huge hurry for the '59 to be delivered, but expected that I would be kept abreast of and see regular and reasonable progress on the car. The first few times I asked for updates, Mr. Gavazzi was apologetic for the delay, but promised to get started soon. However, it wasn't long before my attempts to get a progress update and my requests for proof of progress (in the form of pictures) from Mr. Gavazzi were fruitless. Over the course of six months over the winter of 2001/2002 he refused to reply to numerous (at least 40) Internet Messaging requests and e-mails, though we had corresponded MANY times this way in the past. If you recall, email was originally how we came to "know" each other; and had previously been an entirely effective method of contacting Mr. Gavazzi. After he stopped responding to emails, I left numerous messages on his telephone voicemail, which he did not see fit to return. In a few cases, when his employee (Gary Tateosian, who later bore witness to the demise of my 59 Euro and associated parts) would "accidentally" answer one of my calls, I was told that Mr. Gavazzi was "too busy to talk". On 2 occasions, I succeeded in reaching Mr. Gavazzi by telephone, but when the conversation turned to discussion of the lack of progress on the '59, his evasiveness caused the conversations to become heated, and the calls were terminated by Mr. Gavazzi. I am in possession of the phone records to prove these calls were placed to his number, but can't be bothered to waste the time and space it would take to scan all the pages and post them here. [If anyone wants to see them to verify that I did indeed try to settle matters with him BEFORE resorting to "going public" and filing lawsuits, just ask and I'll fax all 45 pages to you.] With only evasive answers to my repeated requests for pictures that would show progress on the contracted and pre-paid work to the '59, and Mr. Gavazzi's downright refusal to comply with requests to produce and ship the removed body panels to buyers with whom I had made arrangements, I feared that the vehicle I had purchased and now held title to was not going to be delivered as promised. I hired a private investigator to acquire photographs of the vehicle, and when I received those photos (below), my suspicions and fears were confirmed. At the time of the photos (summer 2002), the '59 Euro in question had been moved from his home's paved driveway into a grassy field, where corrosion is significantly hastened in the moist climate of North Carolina. The car had been stripped of it's original interior, as well as of it's original body panels. The panels did not seem to be in the vicinity of the vehicle, and I have not been able to get an explanation of their whereabouts from Mr. Gavazzi since he continues to refuse any communication on the matter. In addition, at least one of the expensive and UV-sensitive body panels (the hood) that I had shipped to Mr. Gavazzi for use on the car had been taken out of the protected storage shed where I had last seen them, and has been installed on the vehicle while it remains out of doors, unpainted, and exposed to the elements which causes irreparable damage to the fiberglass.
As you can well imagine, I am both angry and disappointed that Mr. Gavazzi has not upheld his end of our agreement on the '59. The issue of his work on
the '63 and the amount that he billed for that work
Numerous unsuccessful attempts to resolve this issue directly with Mr. Gavazzi were made over the ensuing 2 years , with no success. It was not until I resorted to a public posting of my truthful experience in the business transaction regarding the '59 Euro with Mr. Gavazzi, that I finally succeeded in eliciting responses from him (albeit the majority of those responses were snide comments and personal insults in public forums), but most notably I received the following, almost comical, letter from Mr. Gavazzi's woefully ill-informed attorney in which Mr. Gavazzi demands even MORE money for the 59 Euro!
Mr. Gavazzi provided his attorney with significant misinformation, warped recollections, and several blatant and provable lies -- all of which my chronology and documentation above addresses and clarifies in detail. Mr. Gavazzi's accusations of libel are unfounded. Libelous statements, by definition, must be untrue, and since any and all statements I have made anywhere (chatroom, letters, e-mails, etc) have been the truth and/or personal opinion, or statement of intent to take action. At no point has any libel has occurred. Nor do I recall threatening to "round up a mob" -- I do recall saying that his fraudulent actions were compelling me to take whatever steps would be necessary to get my property back!
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SUMMARY OF DAMAGES CLAIMED, JUDGMENTS AWARDED AND AMOUNTS OWED The following financial issues arose from my transactions with Mr. Gavazzi, aka Vintage Werks Restoration: 1. REGARDING UNPAID INVOICES FOR PURCHASES MADE BY MR. GAVAZZI FROM AIRCOOLED.NET, INC: This issue is regarding the unpaid balance that Mr. Gavazzi/VintageWerks still has on his Aircooled.Net Inc customer account. After the first order he made with Aircooled.Net was successful, he was granted account terms for future purchases. On 3/14/2001 Mr. Gavazzi ordered 2 sets of floor tarboards on his newly established account. The items were shipped to him as requested via UPS, signed and received by Mr. Gavazzi. Also on account on 5/7/2001 he ordered a body rubber kit, which also shipped via UPS, signed and received by Mr. Gavazzi. Both of these invoices remain unpaid for a total of $158.90. This total is 20% under retail, a courtesy discount for his reseller status. At this time, we demand payment for the invoices, plus the standard legally mandated rate of overdue interest. 2. REGARDING THE PROPERTY OF AIRCOOLED.NET BEING HELD FOR "RANSOM" BY MR. GAVAZZI: Another Aircooled.Net Inc. issue that required settlement was regarding the Aircooled.Net owned merchandise and equipment that Mario offered to store, would not return when requested, and has refused to make available for pick up. I am an employee of Aircooled.Net, and Aircooled.Net Inc. is a registered corporation in the State of Utah. It's my understanding that it is illegal (and unethical) for an individual to withhold the property of someone else (including a company), holding it "for ransom" so to speak, until another, unrelated matter is cleared up. At the time we received the letter from Mr.Gavazzi's attorney, my family had a vacation planned in the Carolinas, and part of my itinerary included a stop at Vintage Werks to pick these items up, to bring them back to Utah. The letter dated 9/18/02 instructed us with a formal notice of trespass if I was to "drop by". I adhered to the warning of trespass, even though free transportation of Aircooled.Net's property was lost in the process. On March 24, 2004, Aircooled.Net, Inc. was awarded a default judgement in the suit against Mr. Gavazzi in the matters of the UNPAID INVOICES FOR PURCHASES MADE BY MR. GAVAZZI FROM AIRCOOLED.NET, INC, and of THE PROPERTY OF AIRCOOLED.NET BEING HELD FOR "RANSOM" BY MR. GAVAZZI. The issue of jurisdiction was reviewed by the Utah State Court, and since Mr. Gavazzi was deemed to be voluntarily transacting with Aircooled.Net, Inc. across state lines, the state of jurisdiction for the transactions can be easily justified to be the state in which the Merchant is registered and has it's physical place of business. Mr. Gavazzi was legally served notice of the lawsuit. Mr. Gavazzi did not request a "change of venue/jurisdiction" as he had the right and freedom to do if he did not agree with it. Mr. Gavazzi did not appear for the hearing. Aircooled.Net Inc. provided to the Utah Small Claims Court an itemized inventory of the merchandise and equipment left in Mr. Gavazzi's care for storage. Mr. Gavazzi had no justifiable cause for retaining the goods in question, since neither of the car transactions were matters related to the corporate entity of Aircooled.Net, Inc. Aircooled.Net was awarded damages requested in the amount of $4210.20 plus 18% interest from the date of judgement. A copy of the judgement documents were sent to Mr. Gavazzi on March 26, 2004, but the debt is still outstanding. Copies of the judgement documents are below:
3. REGARDING FINANCIAL RESOLUTION FOR FAILED '59 EURO TRANSACTION: The matter of the FAILED '59 EURO TRANSACTION HAS YET TO BE SETTLED. This was a personal transaction between myself, John L. Connolly, and Mr. Gavazzi, and had nothing to do with Aircooled.Net, Inc., therefore it was NOT included in the above judgment already awarded. I have calculated the amount
that is due to me as refund for the car that has to date not been delivered
(and which I no longer want in its stripped down/dismantled state),
reimbursement for all parts that were sent for incorporation into the
59 Euro project, plus interest on the total amount backdated to all
funds.
At this point in time I am convinced that Mr. Gavazzi is neither capable nor willing to complete and deliver the '59 Euro as originally agreed. But before I take this SECOND issue before a judge, I invite Mario to nullify the transaction and clear his name. NO, I will NOT accept the car anymore (too much water under the bridge for that), but if he sends me the total amount ($5399.45), which I believe I have proven is due and payable to me, I will return the title to the car, Mr. Gavazzi can keep all of his supposed parts "investment" and "hours of work and labor" that the letter from Mr. Gavazzi's attorney claims he has made to the 59' Euro, AND Mr. Gavazzi will escape further legal action for everything regarding this car (open title, unauthorized use/theft of the parts to the 59', etc). On this, the 1st day of January, 2005, I hereby publicly state that if I receive settlement from Mr. Gavazzi in the amount of $5399.45, I will not proceed with any further legal action against him.. If payment is not received for this outstanding debt before Feb 1, 2005, I will begin civil and criminal action against Mr. Gavazzi on the issue of Grand Theft Auto. |
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CONCLUSION PLEASE, anyone who has made it to the end of this account of my dispute with Mr. Gavazzi aka Vintage Werks Restoration should ALSO visit the following online resources that will further illuminate the feud that has arisen over my disputes with Mr. Gavazzi aka Vintage Werks Restoration. And there is one last thing you should be made aware of: I am not alone in my "swindled" status with regard to transacting with Mr. Gavazzi, I just happen to have been taken for the most money (so far), and I'm not willing to lay low and let Mr. Gavazzi do this to other people if I can prevent it! Follow the links below to read more detailed accounts of illegal and unethical business practices and failed transactions that involve Mr. Gavazzi, aka VintageWerks Restoration. I'd be amazed if there weren't MORE people out there that hadn't also been taken to the cleaners by Mr. Gavazzi -- if you are one of them, and desire to share your story, email victims@mariogavazzivintagewerks.info
Chronology and Documentation of these additional failed transactions will be posted shortly. |
