hmnnn... lets recap.
Everlast is caught counterfeiting CSA certification labels. For over 2 years they lied, not just to me, to every Canadian customer that bought an Everlast machine...
and you haven't a single issue with their behavior.
Will you recommend Everlast welders no matter what contempt they show their customers?
I don't mind the sledge hammer idea, but I want my money back.
You still have not supplied a clearly readable copy of the letter so as to be able to determine the accuracy of your quote that you posted in an earlier post:
"This notice is the result of an investigation conducted by the RCMP,'The investigation determined there were counterfeit CSA certification marks affixed to the above noted models of Everlast welders.'"
Let us take it for the moment as FACT that your excerpt, that I quoted above, is indeed what was in the not clearly readable photo of your RCMP letter. In the statement that you quoted as coming from the RCMP you state that it says clearly that: "...there were counterfeit CSA certification marks affixed...". No where does it state that Everlast was guilty, charged with, convicted, or admitted that they were part of the counterfeiting, thus they could not have been caught as you state. You have not supplied any language from the unreadable RCMP letter that states that they were caught counterfeiting themselves only that the items had counterfeit marks.
If all is true as stated, then Everlast "may" very well have liability for not insuring that their suppliers were in compliance with said CSA requirements.
They may or may not have been defrauded as well by their suppliers in China. Have you considered that? They still have the obligation to try to make it right, IMO.
You on the other hand have made some very inflammatory statements, not supported by the facts currently presented, and have accused in a public arena a company with statements that if proven false could very well result in a libel suit being brought against you. Canadian law as well as US law have many remedies that both the individual and corporations can take to defend themselves from libel and slander.
In no way am I suggesting that you stop your pursuit of a remedy to your situation but I suggest that you curtail any statement that you can not prove that maybe found to be libelous if you want to protect yourself from future legal risk. You could have brought all this information up and discussed it without making claims/statements that do not appear to be supported by the evidence.
Please continue to post in your thread the information as it develops but contain your emotion and do not make statements that may come back to bite you. While it is not likely (IMO) that Everlast would pursue this avenue, you may have opened yourself up to things that you will regret. Your statements should be supported by facts, not opinion, not emotion. Read the excerpted statement that you quoted from the unreadable photo of the RCMP letter carefully and understand what it means not what you think or want it to mean.
Do as you wish. I would suggest keeping a level head and please keep your emotions in check when dealing with other members and with Everlast if you want a positive outcome.
I could, but am not going to, quote the case law in which individuals have been found at fault for what they have posted on public forums and in one case even in a private posting. Be careful.
