Mr. Claudio ##### and Management:
I am still requesting that you pay for what was not received. I purchased a vehicle with the notion that it contained an alarm system. A verbal confirmation that you stated, not only that one time but also on the phone with me, not to mention that you said this in front of Gem. You also notioned that it was a "quiet" alarm, such that there were no flashing of the indicators or beeping of the horn typically associated with an alarm system, for which BMW does offer as a dealer option.
Upon requesting of you to pay for what you said was included in the purchase price was meet with no help. Offering me a dealer special price at $400 installed is not acceptable.
Even though you may have made a mistake, it should be a mistake that you or Hillside Auto Imports must make up. Regardless of whether or not an alarm was included, you said that it was, being as such that it was an oral contract dictating the options that the vehicle would come with upon receipt.
I feel that I must make you aware of the Uniform Commercial Code (UCC), which dictates the duties of the seller and buyer in oral and written contracts. Article 2-316 applies to this situation. For which it states that if an express warranty was implied that the dealer must accept the terms of that warranty. An Express Warranty is one that is a seller or manufacturer's oral or written promise or affirmation of that fact which describes the product at the time of sale. The description was such that it contained an alarm which you described as being silent. Having read the contract which you signed stating that:
"The said used motor vehicle is accepted by the purchaser in its present condition with its present equipment unless other wise stated herein."
This statement alone should be enough evidence to you of the facts. It's present equipment at the time of delivery was such that it included an alarm.
I truly hope that we can settle this matter as soon as possible.
Thanks for the legal info...