October 26, 2005



Sergio Reyes
Central Florida Turbo
549 North Goldenrod Road
Orlando, FL 32807

RE: REQUEST FOR RESOLUTION OF DEFECTIVE WORKMANSHIP

Dear Mr. Reyes:

On 7/16/05, I entered into an agreement with you whereby, in exchange for the payment of $6,310.13, you and your staff would install aftermarket performance products on my 2005 Mitsubishi Evolution MR and then tune the vehicle by programming the ECU while running the car on a dynamometer. My initial request via e-mail indicated that I wanted to achieve an output of approximately 350 WHP while maintaining reliability. Your response to me resulted in the aforementioned agreement.

On 9/2/05, you returned my vehicle to me indicating that the work had been completed as agreed upon. On that day, I observed as you and Rolando Lopez made adjustments to the AEM EMS and Greddy boost controller, which resulted in repeatedly higher horsepower and torque outputs. As I expressed to you that I was unfamiliar with how either of these devices operated, you and Mr. Lopez both explained that you were certified tuners who were very familiar with the Lancer Evolution and that I need not be concerned with making any changes unless I wanted to do so.

On 9/15/05, only thirteen days after taking delivery of my vehicle, I experienced a problem with the engine under low-rpm, high-boost conditions. I called you to explain the problem, and you told me that it was because I had put too much load on the engine by not down-shifting while accelerating from 50 mph. I told you that 50 mph was within the manufacturer recommended speed range for top gear, and I asked you if you could look at the car for me. You said that you would be out of town for the next few Saturdays (the only day I can make the trip to your shop), and you said that you would talk to your technician and get back to me.

Between 9/15/05 and 10/6/05, I called you three times to discuss the problem with my car and to try to make arrangements for you or your technician to look at it. Each time, you said that your shop was very busy and that you would not have time to do detailed engine work on the car. You also told me that you would check with the technician and call me back. You never called me back.

Between 10/12/05 and 10/20/05, I exchanged e-mail communication with several experienced AEM EMS tuners, asking for their opinions about the calibration file. I also posted the calibration file on two reputable forums for AEM tuning in Mitsubishi Evolutions, including the AEM Electronic Forum. There were many replies, including some from very-well-recognized AEM tuners. Everybody who has looked at your tuning calibration has had a similar opinion—the ignition timing is way too far advanced, especially in peak torque rpm range. There is simply no way the engine could ever survive on pump gas with that tuning calibration. I specifically told you that I did NOT want to run the car on anything other than pump gas, and if you tuned the car using race gas, it was without my authorization or knowledge.

On 10/19/05, I spoke with you and Rolando Lopez at your shop, and I afforded Mr. Lopez an opportunity to view the calibration file on my notebook computer. He did confirm that the file was, in fact, just as he had tuned it on 9/2/05. You both claimed that the ignition timing was within the acceptable range for my vehicle with the modifications that you had made to it. Later that evening, I sent you an e-mail with a link to one of the aforementioned online forums where every poster believed the tune was bad. I asked you to explain why you, but nobody else, believed the tune was good. You did not reply to my e-mail, and you did not post to the forum thread.

Also during my visit, you suggested that, based on my telling you that there was evidence of damage to the turbo, it was possible that the engine ingested something, which may have caused all of the damage. Because the intake is a closed system with a filter on the receiving end the only way something could have been ingested into the engine would be from an improperly installed intake (which you installed). Since the filter was not damaged in any way, and since all of the intake seals were intact, this is extremely unlikely. The damage to the turbo is actually more consistent with something (broken pieces of piston or spark plug) entering the turbo from the exhaust.

I have read your warranty disclaimer, and it applies only to the parts. I have no complaint with any of the parts you provided or installed in my vehicle. However, it is clear that the damage to my engine was caused directly by your defective work in tuning the AEM EMS system and/or your failure to inform me about precautions that might have to be taken because of the work you did.

The specific damage was caused by detonation resulting from improperly calibrated engine timing and air fuel ratios. The detonation caused one of the pistons to break, and the broken piece from the piston gouged the wall of the cylinder and the bottom of the head, both beyond repair. The piece then exited the engine and entered the turbo, damaging it beyond repair as well. In order to fix the car, I have had to replace the block, the head, and the turbo, at a cost of $9,500.

Adding to the evidence, I have found several other examples that your work was defective. At least three bolts were found to be missing from my vehicle (one starter mounting bolt and two transmission housing bolts). All of the bolts used to install the clutch were tightened well above the manufacturer recommended torque rating. One of the bolts used to fasten the clutch was, in fact, an exhaust heat shield bolt, and it did not fit correctly. The retaining rings on the ACT clutch were severely damaged and installed in the wrong order. I also found numerous dings on the back side of the radiator from wrench impacts. I know that all of these things were done by you and your staff because nobody else has ever done any work on these areas of the car.

Considering that this damage was clearly caused by your negligence or incompetence, and considering that you failed to respond to my requests to diagnose and repair the problem yourself, I was left with no choice but to have the work done by another facility. The cost listed above reflects not only the parts, but the costs of labor for installing them at this facility. All of the repair work was performed by an ASE-certified, Mitsubishi-trained technician who is prepared to give sworn testimony about your defective workmanship.

I am writing you this letter as a final opportunity to make things right. Rather than ask for a refund of the amount you charged to tune my car, I will consider this matter finalized if you simply reimburse me for repair costs of $9,500. Please understand that I would prefer to maintain a positive relationship, avoiding any civil action if possible. However, if you decide not to reimburse me, I will have no choice but to file a claim with the civil division of the Orange County Court. If we must proceed in that manner, I will seek not only the reimbursement of repair costs, but a full refund for the defective workmanship and all costs associated with having to suffer without a car for over a month.

I would appreciate if you would respond in writing indicating your intentions. If I do not receive a reply by 11/15/05, I will assume you are not willing to cooperate, and I will proceed with other options.

Sincerely,



Robert Vincent


cc: Lydia Gardner--Clerk of the Court, Orange County Florida