Bigkidz:
Sorry for the spot you find yourself in. Were I in this spot, I would treat it as a business issue and proceed forward. I don't know how much energy you want to expend, but for myself I find that if a fight is worth fighting, then it is worth fighting well.
First: if the designer is "well known", then he or she is in a position of having a reputation to protect.
Second: is the dialog verbal or in writing. If previously all verbal, then I would document the ENTIRE transaction in writing in detail, with your plan for proceeding and your plan for suggested remediation and any requested assistance and forward a copy to the other party, certified return receipt.
Third: Forward a copy of this correspondence to any BBB or state/provincial consumer assistance entity in any local where the designer has a physical presence. If sending mail to a government agency, ALWAYS send it certified return receipt.
Fourth: You would seem to be in NY. BAT is in Deleware if I am not mistaken; not too far away. Take or ship the Pre in question to BAT for analysis. If they agree with your assessment, have them certify their results. If the results are not in your favor, then you likely have the answer to your questions.
Fifth: Forward a said copy of such analysis (if appropriate) to the designer, and any other parties to whom you have sent correspondence, mailing appropriately.
The facts at this point will likely lend themselves to an intelligent further path. BAT is WELL regarded in the audio industry, and I would think that it would take someone with a lot of stones to argue with the technical capabilities of BAT if the findings are in your favor. I would also think that if there is anything amiss with the Pre, that BAT (for the sake of their reputation) would be most interested in making everyone happy.
Not sure about the laws in NY, but based upon Washington State law, if the designer has any physical presence in NY, then you could proceed against him/her in small claims court (in your municipality) forcing him/her to come to you. If uncontested, you would normally win a judgement, and if the other party has a physical business presence in the state, then sooner or later that judgment will become a PITA for the adjudged party and they will likely wish to make nice.
Sorry for the spot you find yourself in. Were I in this spot, I would treat it as a business issue and proceed forward. I don't know how much energy you want to expend, but for myself I find that if a fight is worth fighting, then it is worth fighting well.
First: if the designer is "well known", then he or she is in a position of having a reputation to protect.
Second: is the dialog verbal or in writing. If previously all verbal, then I would document the ENTIRE transaction in writing in detail, with your plan for proceeding and your plan for suggested remediation and any requested assistance and forward a copy to the other party, certified return receipt.
Third: Forward a copy of this correspondence to any BBB or state/provincial consumer assistance entity in any local where the designer has a physical presence. If sending mail to a government agency, ALWAYS send it certified return receipt.
Fourth: You would seem to be in NY. BAT is in Deleware if I am not mistaken; not too far away. Take or ship the Pre in question to BAT for analysis. If they agree with your assessment, have them certify their results. If the results are not in your favor, then you likely have the answer to your questions.
Fifth: Forward a said copy of such analysis (if appropriate) to the designer, and any other parties to whom you have sent correspondence, mailing appropriately.
The facts at this point will likely lend themselves to an intelligent further path. BAT is WELL regarded in the audio industry, and I would think that it would take someone with a lot of stones to argue with the technical capabilities of BAT if the findings are in your favor. I would also think that if there is anything amiss with the Pre, that BAT (for the sake of their reputation) would be most interested in making everyone happy.
Not sure about the laws in NY, but based upon Washington State law, if the designer has any physical presence in NY, then you could proceed against him/her in small claims court (in your municipality) forcing him/her to come to you. If uncontested, you would normally win a judgement, and if the other party has a physical business presence in the state, then sooner or later that judgment will become a PITA for the adjudged party and they will likely wish to make nice.