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Re: Dimond Is Suing Me. I'm Asking For Your Help. [AlanShearer] [ In reply to ]
 
AlanShearer wrote:
None of that means it gets before a jury.

It's no more admissible than the fact that Dimond here is, in comparison, can afford its own attorney's fees.

Appears that the attorney who signed statement of claim (?) is a close friend of TJ's ... and a triathlete!

https://mobile.twitter.com/...s/480052073371664384
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Multisportsdad] [ In reply to ]
 
Multisportsdad wrote:
400 posts, and no official thread name yet?

- DimondGate
- TJ and the Beam
- Boy Named Sue
- Rappture

Whatcha got?


"Superforked" - a romantic tale from California to Iowa


Save: $50 on Speed Hound Recovery Boots | $20 on Air Relax| $100 on Normatec| 15% on Most Absorbable Magnesium

Blogs: Best CHEAP Zwift / Bike Trainer Desk | Theragun G3 vs $140 Bivi Percussive Massager | Normatec Pulse 2.0 vs Normatec Pulse | Speed Hound vs Normatec | Air Relax vs Normatec | Q1 2018 Blood Test Results | | Why HED JET+ Is The BEST value wheelset
Last edited by: Thomas Gerlach: Apr 27, 17 14:06
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [logella] [ In reply to ]
 
logella wrote:

So many caveats, loopholes, etc. Off the top of my head I can think of 10-15 document requests and I've been out of the litigation game/sport for 10+ years.


That quote does have a Clintonian vibe to it.

Edit: Referring largely to Bill there.
Last edited by: trail: Apr 27, 17 14:09
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [gary p] [ In reply to ]
 
I hope this works out and that TJ and Jordan by settling this tonight man to man no lawyers, then make a join statement and move on. Everything I researched about the two seem like good guys. I feel like that would be the best outcome for everyone.

"If it costs you 30 minutes at Maryland so what" -dwreal
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Thomas Gerlach] [ In reply to ]
 
I am not sure this will help.

Jordan Rapp - December 2016

https://rappstar.com/2016/12/15/134-applications-received-but-three-bikes-to-give-away-update-on-2016-4-cs-of-dimond/
Last edited by: JayPeeWhy: Apr 27, 17 14:15
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [JayPeeWhy] [ In reply to ]
 
JayPeeWhy wrote:



Jordan Rapp - December 2016
https://rappstar.com/2016/12/15/134-applications-received-but-three-bikes-to-give-away-update-on-2016-4-cs-of-dimond/

Sounds like a guy trying to leave gracefully.

"They're made of latex, not nitroglycerin"
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [JayPeeWhy] [ In reply to ]
 
Slowman, in response to your article on the front page. Maybe in the future the "chief technologist at Slowtwitch.com " should not give reviews or comments on products that he is paid to promote in this forum due to bias.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [gary p] [ In reply to ]
 
gary p wrote:
JayPeeWhy wrote:

Jordan Rapp - December 2016
https://rappstar.com/2016/12/15/134-applications-received-but-three-bikes-to-give-away-update-on-2016-4-cs-of-dimond/


Sounds like a guy trying to leave gracefully.


True. Kind of a credibility issue though when it comes to examining why he bailed. I am not sure I could give away and sell so enthusiastically something I considered to be inherently unsafe. I am not sure that he could either.

https://www.pbandjcoaching.com
https://www.thisbigroadtrip.com
Last edited by: JayPeeWhy: Apr 27, 17 14:35
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [gary p] [ In reply to ]
 
I find it kind of odd that he would give away a bike that he felt was unsafe.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [ In reply to ]
 
The sponsorship agreement that was filed as Exhibit A seems odd. In that I don't understand why an athlete would sign an agreement that doesn't outline his rights to termination. Section H describes the conditions under which the sponsor may terminate the contracts and details them. I do not see a section that provides the conditions under which the athlete may do so. For instance, if the sponsor fails to provide "adequate" equipment or monetary compensation as set forth in the above Section 3, athlete must inform sponsor of breach in writing. If the breach is not remedied within "X" days, athlete may terminate the contract. Something along those lines seems like standard language for all contracts.

Finally, and quite oddly, the language in section L is unequivocal. Athlete must enroll in Clean Protocol and must maintain a current status (paraphrasing). Failure to do so makes the contract void. It doesn't say that the contract could be void, it terminates it without remedy. Why didn't Jordan simply withdraw from the Clean Protocol stating that he didn't believe that it's efforts were enough or effective, etc. It is probably a bit simplistic to think this way, but given the vague nature of the contract, I would imagine that this would have saved quite the headache and nullified the need to product warranty claims.

Also, financially speaking...being a nice guy isn't always the best idea when you are in a pay for performance sport. Giving away bikes, wheels, components is awesome...but imprudent when you aren't the top performer and generating an income that will ensure financial stability for many years to come. This is especially true when you decide to have 4 kids (nothing wrong with wanting 4 kids). One might think of it as insurance...you hope you don't have to use it, but are glad when you do. ??

Everyone loses here...wish it wasn't so, but it's probably reality.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [bluestacks867] [ In reply to ]
 
bluestacks867 wrote:
I hope this works out and that TJ and Jordan by settling this tonight man to man no lawyers, then make a join statement and move on. Everything I researched about the two seem like good guys. I feel like that would be the best outcome for everyone.

Is that really an option though at this point. We have one party that is saying the bikes are unsafe. To just come out and settle, would run contrary to everything JR is saying. The way things were laid out I don't see any way to settle this than a long drawn out war.

I guess the only way it could work IME is if Dimond stepped up to the plate and said something like "We do not believe our products are unsafe but in order to focus on the future we have agreed to work with JR on modifying the design of the bike to meet his safety standards."


Save: $50 on Speed Hound Recovery Boots | $20 on Air Relax| $100 on Normatec| 15% on Most Absorbable Magnesium

Blogs: Best CHEAP Zwift / Bike Trainer Desk | Theragun G3 vs $140 Bivi Percussive Massager | Normatec Pulse 2.0 vs Normatec Pulse | Speed Hound vs Normatec | Air Relax vs Normatec | Q1 2018 Blood Test Results | | Why HED JET+ Is The BEST value wheelset
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Twotter] [ In reply to ]
 
Looks like some nice, unsophisticated parties entering into an agreement without having it fully reviewed.. And when things don't work out, getting a little butt hurt and running to an attorney that may not be up to handing the matter.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Slowman] [ In reply to ]
 
I might have been one of the first 20 people to get a Dimond and have loved every second on board. Anytime I have had an issue they have fixed it, which is very few times. I just got a new frame and it is even better than the first. You can't compare the bike to any other and yes of course when you ride it you wonder how does this thing not snap? Engineering and science is pretty incredible when you look at something so fragile and yet it holds up under all the same stress tests by other designs. I know Jordan is a stand up guy and has a lot to be gun shy about when it comes to safety. That being said just because it looks unsafe does not mean that it is. If he truly thinks the bike is unsafe and is afraid of it failing then he as every right to say I don't feel safe. Because he feels unsafe doesn't mean that the bike is.

All I can say is I am 6'7" and weigh around 190-200lbs most of the year and have cracked every frame I have ever owned except the Dimond. It is the fastest most comfortable bike I have owned not to mention the easiest to pack. I will probably never own another bike again.

If It were my company and Jordan was doing this to me I would be pissed as well. If you bight the hand that feeds you expect repercussions. If you don't like your job you move on to someone else but if you have an agreement then have the integrity to honor it. Pretty sure plenty of riders in the tour hate their whips and or gear but they suck it up until they get a new agreement in place. You aren't helping your case here. I am sure many lessons will be learned from both parties from this experience.

All that I can I will.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Multisportsdad] [ In reply to ]
 
Multisportsdad wrote:
400 posts, and no official thread name yet?

- DimondGate
- TJ and the Beam
- Boy Named Sue
- Rappture

Whatcha got?

BLOOD DIMOND

----------------------------------------------------------
Zen and the Art of Triathlon. Strava Workout Log
Interviews with Chris McCormack, Helle Frederikson, Angela Naeth, and many more.
http://www.zentriathlon.com
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [ZenTriBrett] [ In reply to ]
 
ZenTriBrett wrote:
Multisportsdad wrote:
400 posts, and no official thread name yet?

- DimondGate
- TJ and the Beam
- Boy Named Sue
- Rappture

Whatcha got?


BLOOD DIMOND

+1

Attacking this day with enthusiasm unknown to mankind.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [dgoularte] [ In reply to ]
 
dgoularte wrote:
I find it kind of odd that he would give away a bike that he felt was unsafe.


Yeah now I'm really glad I didn't win
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Twotter] [ In reply to ]
 
I noted the same about Dimond's obligations and a lack of a right to terminate. As I read (skim) it, the only rights the athlete would have for termination are for non payment, which would be the only real material breach. There is no qualifier on the suitability of the bike other than it be "suitable," whatever that means. A requirement of a "safe" bike could certainly be read into it under some kind of implied covenant of good faith and fair dealing (or the Iowa equiv.), but accdg to DImond the first they heard of any safety issue was this post.

Curiousera and curiouser.....
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Thomas Gerlach] [ In reply to ]
 
Thomas Gerlach wrote:
bluestacks867 wrote:
I hope this works out and that TJ and Jordan by settling this tonight man to man no lawyers, then make a join statement and move on. Everything I researched about the two seem like good guys. I feel like that would be the best outcome for everyone.


Is that really an option though at this point. We have one party that is saying the bikes are unsafe. To just come out and settle, would run contrary to everything JR is saying. The way things were laid out I don't see any way to settle this than a long drawn out war.

I guess the only way it could work IME is if Dimond stepped up to the plate and said something like "We do not believe our products are unsafe but in order to focus on the future we have agreed to work with JR on modifying the design of the bike to meet his safety standards."

Whatever it takes. They should do it.

"If it costs you 30 minutes at Maryland so what" -dwreal
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Twotter] [ In reply to ]
 
I have never participated in Clean Protocol. It was a point of contention in the discussions we had about the contract. I do not believe in Clean Protocol. I did not then. And do not now. WADA is not supportive of it. Ironman is not supportive of it. I believed and continued to believe it undermines the intent of WADA. Certainly a lot has happened in the interim to make me more skeptical of WADA. I refused to support it.

After our initial discussions about it, TJ never again mentioned it or asked me to register/participate in it.

I respect and support the idea of supporting clean sport. But i do not believe Clean protocol is the right way to do it.

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [ZenTriBrett] [ In reply to ]
 
Conflict Dimond......

"When the going gets weird, the weird turn pro."
Hunter S. Thompson
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [ChrisM] [ In reply to ]
 
Just an observation here - People chiming in about their Dimond's being great (which I'm sure they are. I love them)... Just because other people's bikes are fine doesn't mean Jordan's was. The clause doesn't read, "Supply bikes to most customers that are suitable..." It says Jordan's bike has to be fit for racing.

It's like a homebuilder. Just because the houses he built down your street are fine, yours could still have foundation cracking and roof leaking because of some issues. The others are not yours and yours are not the others. It helps your case if others have problems, but handmade carbon bikes can have a lot of variability, correct?

----------------------------------------------------------
Zen and the Art of Triathlon. Strava Workout Log
Interviews with Chris McCormack, Helle Frederikson, Angela Naeth, and many more.
http://www.zentriathlon.com
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Twotter] [ In reply to ]
 
Twotter wrote:
The sponsorship agreement that was filed as Exhibit A seems odd. In that I don't understand why an athlete would sign an agreement that doesn't outline his rights to termination. Section H describes the conditions under which the sponsor may terminate the contracts and details them. I do not see a section that provides the conditions under which the athlete may do so.

Simple supply and demand. Lots of athletes who want sponsored, few sponsorships available, especially at the bike manufacturer level. Sponsors have the upper hand, and can dictate terms more favorable to themselves. Only the most coveted athletes can demand more equitable termination terms. Not sure Jordan met that qualification at the time this agreement was struck.

"They're made of latex, not nitroglycerin"
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [AlanShearer] [ In reply to ]
 
So how confident are you that an elected state court judge in Iowa would make the correct ruling? My experience in other state courts gives me little confidence
Last edited by: DFW_Tri: Apr 27, 17 14:44
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [bluestacks867] [ In reply to ]
 
bluestacks867 wrote:
Thomas Gerlach wrote:
bluestacks867 wrote:
I hope this works out and that TJ and Jordan by settling this tonight man to man no lawyers, then make a join statement and move on. Everything I researched about the two seem like good guys. I feel like that would be the best outcome for everyone.


Is that really an option though at this point. We have one party that is saying the bikes are unsafe. To just come out and settle, would run contrary to everything JR is saying. The way things were laid out I don't see any way to settle this than a long drawn out war.

I guess the only way it could work IME is if Dimond stepped up to the plate and said something like "We do not believe our products are unsafe but in order to focus on the future we have agreed to work with JR on modifying the design of the bike to meet his safety standards."

Whatever it takes. They should do it.

I have made an offer very much along these lines to Dimond through numerous third parties - not only asking my lawyer to make such an offer but also other parties in contact with Dimond. I would unquestionably support such a resolution. I hope that this is the approach that we can take.

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [devashish_paul] [ In reply to ]
 
Since we're conjecturing...

My analysis of the beam construction happened because I had to sand mine down to fix a manufacturing tolerance issue.
Technically, the beam was not the issue, but rather the tolerance on the seat post was such that when the seat collar pinched the carbon supporting the post, it exerted enough force on the carbon (and without the opposing strenth that would have been provided by a properly sized post) to cause a crack.

I don't know who the original owner of the frame was, or why the beam was not replaced under warranty. What I do know is that I *never* had *any* doubt about the quality and engineering of the rest of the frame. The lower end is a solid piece of manufacturing, and in my view is adequate to the task, and safe for use.

I do not believe the same is true for the beam. I have carefully sanded mine down to the bare carbon. I've had it in my hands for hours and hours and hours. After repairing the original crack at the seat post to my satisfaction, I decided to add additional layers of UD to the pivot area. I did not feel confident in that part of the frame before I added those layers. I do feel confident in it now.
 

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