Login required to started new threads

Login required to post replies

Prev Next
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Thomas Gerlach] [ In reply to ]
 
Thomas Gerlach wrote:
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."


Jordan can't drink coffee where the beans have been ground to a marginally irregular size. I don't think I would want to build a bike to his spec.

That said, it's a nice idea. Maybe you should intervene.

https://www.pbandjcoaching.com
https://www.thisbigroadtrip.com
Last edited by: JayPeeWhy: Apr 27, 17 14:45
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Rappstar] [ In reply to ]
 
/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./

Perhaps you're dealing with a contract that was legally void with your failure to enroll in Clean Protocol. I agree with the consensus a sit down discussion with all parties to resolve the matter privately is the clear approach but never hurts to have a bit of bargaining power. Perhaps JSA or AlanShearer will comment for us curious folks whether or not breach of the above clause will allow a judge to consider the contract null and void and it's over before it starts(?)
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Rappstar] [ In reply to ]
 
He's certainly giving them a bad Rapp...

amiright?

Hello? *taps mic* this thing on?

Salton Sea Triathlon Club
“I swim to get to the bike. I run because nobody gives a shit about aquabike.”
Last edited by: getbarreled: Apr 27, 17 14:49
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Rappstar] [ In reply to ]
 
Rappstar wrote:
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.

Come on TJ, please work with Jordan on this and everyone move on. You should contact each other directly and start by apologizing to each other, regardless who is at most fault. Then move on to the details and get this resolved quickly. A joint statement at the end and closure outside of lawyers and court will make you both come out of this in the best possible way. It is not too late, the sooner the better.

"If it costs you 30 minutes at Maryland so what" -dwreal
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [getbarreled] [ In reply to ]
 
getbarreled wrote:
He's certainly giving them a bad Rapp...


amiright?

Hello?


You're 30 posts late ;)


http://forum.slowtwitch.com/forum/?post=6292563#p6292563

"They're made of latex, not nitroglycerin"
Last edited by: gary p: Apr 27, 17 14:52
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [chicanery] [ In reply to ]
 
chicanery wrote:
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.

Again, I agree. This will be my last post until I actually have something else of substance to report. Either resolution or escalation.

This is the proposal that I have made and have asked my lawyer and others to communicate to TJ/Dimond.

This was initially sent in response to a third party who offered to mediate.

//

I think I have a possible solution here for all parties. And it's possible that it can be resolved through mediation.

Here is my proposed solution.

I have, at this point, offered several recommendations as to how this design should be fixed. This is based not only on my own engineering skillset, but also on the skillset of other extremely qualified engineers within the bike industry with whom I have discussed this problem.

I believe that the design can be reasonably effectively fixed after the fact. I.e., I believe that existing frames can be modified in such a way that this problem is mostly - and perhaps entirely - mitigated.

I also believe that future bikes can be produced without the likelihood of failure. I think the fundamental flaws in the design as it exists can be fixed. It will not be easy. Or cheap. But I think it can be done.

I am willing to provide a public record of my proposed solution(s) and to solicit the help of other engineers in the industry to tackle the problems about how to both fix existing bikes and to fix the design itself such that future bikes do not have issues.

In exchange, Dimond agrees to make acknowledgement of these issues and to issue a voluntary recall and to offer to either fashion a satisfactory retrofit or to provide the customer with a new frame based around a corrected design.

From the very first, my goal has always been to help make Dimond make better bikes. That goal remains. If Dimond is willing to seriously engage in that process, I remain willing to support that. But those are my conditions for mediation.

Any mediation must result in a public acknowledgement of the current issues and an effective proposal for how to fix them, both current frames, and future ones.

Best,

Jordan

"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. [bluestacks867] [ In reply to ]
 
Agreed. They should call each other and have a beer. This is stupid and will just end badly and the only people that will profit is lawyers.

----------------------------------------------------------
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. [gary p] [ In reply to ]
 
gary p wrote:
getbarreled wrote:
He's certainly giving them a bad Rapp...


amiright?

Hello?


You're 30 posts late ;)


http://forum.slowtwitch.com/forum/?post=6292563#p6292563

HAHAH DAMMIT!!! I don't have time to read all this shit! Good Lord. I should've guessed though. Cubc Zrkonia is still the best one .

Salton Sea Triathlon Club
“I swim to get to the bike. I run because nobody gives a shit about aquabike.”
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [ZenTriBrett] [ In reply to ]
 
ZenTriBrett wrote:
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?

Yeah. But he rode Kona on it. And a lot of other races. Won some. It was "suitable" arguably. The good quality of other bikes is not relevant (although similar defects in other bikes is).
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Ai_1] [ In reply to ]
 
Ai_1 wrote:
PBT_2009 wrote:
Yes, fair points. Respect. Perhaps this is beating a dead horse, but wouldnt he be contractually obligated to promote the brand and be an ambassador of sorts? To say positive things publicly? Or at least he couldn't insinuate it was an unsafe bike with QC issues?

So he may not have been voluntarily "lying"...he was saying internally "shit if I don't endorse this product they're gunna sue/fire me, and they're working on the problems I've raised with them"? Just a thought. Even if someone asked him what he thought and he said something vague or noncommital, wouldn't that basically be the same as saying this bike is horrible? Dimond wouldn't like that.

I'm not entirely sure what point you're trying to make.
Are you saying it's not lying if you have a contract that tells you to do it?
Or, are you saying it's lying, but he probably felt bad about it?

Incidentally, I don't think Jordan is claiming either of these. As I read his comments, he claims he was fooling himself into thinking the bikes were okay really and the issues were just temporary. Didn't really think he was lying at the time. I don't find that convincing, but......

C'mon, nobody...?

 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [bluestacks867] [ In reply to ]
 
bluestacks867 wrote:
Rappstar wrote:
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.

Come on TJ, please work with Jordan on this and everyone move on. You should contact each other directly and start by apologizing to each other, regardless who is at most fault. Then move on to the details and get this resolved quickly. A joint statement at the end and closure outside of lawyers and court will make you both come out of this in the best possible way. It is not too late, the sooner the better.

1000% yes!
Though, mimpression of TJ is that he doesn't possess the humility required for this to happen. I could be wrong as I don't know him personally but I feel like the evidence is piling up that he's a "never able to be wrong" type of guy
Not really sure about Jordan in that regard. But if you're dealing with that, it only takes one to tango.

Salton Sea Triathlon Club
“I swim to get to the bike. I run because nobody gives a shit about aquabike.”
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [ In reply to ]
 
has everyone had his say? most slowtwitchers know that i like to let you all opine, but at a certain point i think we drift to a point of diminishing returns. i respect TJ and what he's trying to do with his company (it's what i tried to do with my company, when i was a bike maker). i respect jordan's concerns for his future, his family, and his state of mind. i don't like seeing calumnies hurled at either side.

accordingly, unless there's an opinion left unexpressed, can you express it quickly? and then i think i'll close the thread.

Dan Empfield
aka Slowman
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Rappstar] [ In reply to ]
 
Rappstar wrote:
chicanery wrote:
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.


Again, I agree. This will be my last post until I actually have something else of substance to report. Either resolution or escalation.

This is the proposal that I have made and have asked my lawyer and others to communicate to TJ/Dimond.

This was initially sent in response to a third party who offered to mediate.

//

I think I have a possible solution here for all parties. And it's possible that it can be resolved through mediation.

Here is my proposed solution.

I have, at this point, offered several recommendations as to how this design should be fixed. This is based not only on my own engineering skillset, but also on the skillset of other extremely qualified engineers within the bike industry with whom I have discussed this problem.

I believe that the design can be reasonably effectively fixed after the fact. I.e., I believe that existing frames can be modified in such a way that this problem is mostly - and perhaps entirely - mitigated.

I also believe that future bikes can be produced without the likelihood of failure. I think the fundamental flaws in the design as it exists can be fixed. It will not be easy. Or cheap. But I think it can be done.

I am willing to provide a public record of my proposed solution(s) and to solicit the help of other engineers in the industry to tackle the problems about how to both fix existing bikes and to fix the design itself such that future bikes do not have issues.

In exchange, Dimond agrees to make acknowledgement of these issues and to issue a voluntary recall and to offer to either fashion a satisfactory retrofit or to provide the customer with a new frame based around a corrected design.

From the very first, my goal has always been to help make Dimond make better bikes. That goal remains. If Dimond is willing to seriously engage in that process, I remain willing to support that. But those are my conditions for mediation.

Any mediation must result in a public acknowledgement of the current issues and an effective proposal for how to fix them, both current frames, and future ones.

Best,

Jordan

You are bold, I'll give you that. You demand they issue a recall that very well my put them out of business, and all you bring to the table is advice. I think you may be overestimating your leverage by a smidge.

"They're made of latex, not nitroglycerin"
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [gary p] [ In reply to ]
 
gary p wrote:
Multisportsdad wrote:
400 posts, and no official thread name yet?

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

Whatcha got?


Dimond gets a bad Rapp?
-----------------
=TOP LOL=
--------*--------
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [gary p] [ In reply to ]
 
Or now he's a whistle blower... Last one in! :)

-Of course it's 'effing hard, it's IRONMAN!
Team ZOOT
ZOOT, QR, Garmin, HED Wheels, Zealios, FormSwim, Precision Hydration, Rudy Project
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [gary p] [ In reply to ]
 
gary p wrote:
Rappstar wrote:


It was never an *actual* option. As I explained in my initial post, after my exit interview with Brad Bach, TJ's lawyer sent me a letter threatening me with a lawsuit. My lawyer responded outlining the defects in the frames I received - which I had enumerated to Dimond both after I discovered them and again, in summary, during my exit interview with Brad Bach. We made the following offer:
1) to return all frames to Dimond
2) to refund my Q4 2016 salary
3) to sign a mutual non-disparagement agreement

I was uncomfortable with #3, but I hoped that it could be crafted in such a way that I could speak frankly about my experiences with the frame if I was asked. I do not know if that was a reasonable desire or not. I wanted to be able to be honest. But I also, perhaps naively, still felt that Dimond could fix the issues I described and that they should be allowed to do so.

We never received any sort of reply. The next communication I received from Dimond was when a sheriff showed up at my door to hand me the lawsuit. As I said, my decision to go public was based on the clear perception that to TJ, filing a vindictive lawsuit is more of a priority than fixing the issues with his bikes.

So, no, I did not decide going public was the better option. What I felt was the reasonable option was rejected.


That all sounds reasonable, but the timeline is a bit fuzzy to me. When exactly did you decide that you could no longer represent Diamond, when did you notify them of your desire to terminate the agreement, and when did you have your first discussions with Diamondback? Because at Kona 2016 you were still shilling for Dimond, and 90 days later you're announced as a new Diamondback contract rider. That's a pretty short period of time. Makes one think there might be overlap.

Crickets on the "when did Diamondback come into the picture?" question?

"They're made of latex, not nitroglycerin"
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [gary p] [ In reply to ]
 
gary p wrote:
Consultri wrote:
I agree the case against Jordan looks pretty strong. The contract doesn't give the athlete much recourse in terminating the agreement or arbitrating deficiencies in their obligations. It does clearly state that he would need to petition in Iowa to sever the agreement due to "not providing frames suitable for training and racing" which I'm guessing Jordan did not.

I wonder how Diamondback feels about this? What did Jordan tell them before he signed with them?


Yeah, while I question whether Dimond could prove $150k in damages (at least before this thread and the go fund me page were posted), it doesn't look good for Jordan to me in terms of whether or not he was in breach of contract. The only out he seems to have in the contract rests on the subjective word "suitable." And since he and Dimond seemed to be at odds about whether or not the bikes were suitable, the only path for Jordan to nullify the agreement was through litigation in Iowa. Why he chose to sign with Diamondback without doing that first, I don't know. I can speculate that, with the impending launch of the Andean, there was as window closing to get in on that sponsorship deal so he jumped, hoping Dimond would eventually release him.

I, too, wonder what Diamondback knew. And whether his contract with them is now somehow in jeopardy.

Not unfathomable at all to prove at least $150,000 in damages. If I were Dimonds lawyers, I'd have gone for even more. Lots of people know about Dimond - and have purchased Dimond bikes - based solely because of Rapp's endorsement of the bike . Or alternatively, Dimond may have projected at least $150,000 in extra sales if they were able to sign Rapp as an endorser. Each bike goes for $10,000? So Dimond would only have to show that they lost 15 new purchasers because Rapp allegedly breached his contract and is no longer endorsing their product. That's not that many people nor that many purchases. Wouldn't be hard to show numbers and or otherwise do a natural experiment to show the growth in sales once signed Rapp to an endorsement deal. I do not know the facts at all nor am claiming Rapp was in breach or vice versa; simply saying that at first blush, $150,000 does not seem out of the realm of possibility for a claim and could even be low depending on the facts.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Rappstar] [ In reply to ]
 
Rappstar wrote:
chicanery wrote:
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.


Again, I agree. This will be my last post until I actually have something else of substance to report. Either resolution or escalation.

This is the proposal that I have made and have asked my lawyer and others to communicate to TJ/Dimond.

This was initially sent in response to a third party who offered to mediate.

//

I think I have a possible solution here for all parties. And it's possible that it can be resolved through mediation.

Here is my proposed solution.

I have, at this point, offered several recommendations as to how this design should be fixed. This is based not only on my own engineering skillset, but also on the skillset of other extremely qualified engineers within the bike industry with whom I have discussed this problem.

I believe that the design can be reasonably effectively fixed after the fact. I.e., I believe that existing frames can be modified in such a way that this problem is mostly - and perhaps entirely - mitigated.

I also believe that future bikes can be produced without the likelihood of failure. I think the fundamental flaws in the design as it exists can be fixed. It will not be easy. Or cheap. But I think it can be done.

I am willing to provide a public record of my proposed solution(s) and to solicit the help of other engineers in the industry to tackle the problems about how to both fix existing bikes and to fix the design itself such that future bikes do not have issues.

In exchange, Dimond agrees to make acknowledgement of these issues and to issue a voluntary recall and to offer to either fashion a satisfactory retrofit or to provide the customer with a new frame based around a corrected design.

From the very first, my goal has always been to help make Dimond make better bikes. That goal remains. If Dimond is willing to seriously engage in that process, I remain willing to support that. But those are my conditions for mediation.

Any mediation must result in a public acknowledgement of the current issues and an effective proposal for how to fix them, both current frames, and future ones.

Best,

Jordan

TL:DR version - Dimond go fuck yourself. Which was the point of starting this whole thread. Good luck with that.

Twitter
Instagram
 

Prev Next