Thank you, it makes me cringe everytime I read some anonymous tough-guy internet legal expert who wants to flex his new Latin vocabulary.
OP if you want to put pressure on them:
Write a signed demand letter and have it delivered via certified mail to Frank D.
- Establish the date of purchase (attach it)
- Establish proof that their “100% satisfaction guarantee” that existed prior to purchase (print out the page, save the HTML / URL....they will take it down guaranteed)
- Cogently define the timeline of events to when you first contacted them, how many times you’ve contacted them since, how many times you’ve been to the range / ammo spent in failure
- Casually mention your regular hourly billing rate as a physician that you’ve spent “XX hours” on the phone and email and range attempting to solve this.
- Establish that you are not satisfied, that they have saddled with you a defective rifle that you are not satisfied with, and ask for a functional Valkyrie upper (pro tip: go DI and scrap their single shot piston) or a full refund.
- Give them 30-45 days from the date of receipt to deliver the goods / parts to you or that you will be filing for relief in the court.
- Sign it as your name, Dr. John Smith, MD (this implies you have money and are not to be fucked with)
- Figure out if you live in a state where you can recover small claims filing fees as the successful plaintiff.
This will almost certainly make any reasonable company cough up a refund or the parts. If they don’t, file a small claims lawsuit in your own state the day of your deadline from the letter and send them the notice of the suit.
If they are really stubborn they will immediately lawyer up and have the case elevated from small claims to Superior Court which will necessitate an attorney on your part. They’ll pay $350/hour for an attorney to read the correspondence (3 hours) and respond with a nasty letter (1.5 hours) to you threatening to chase you for attorneys fees after they win; at this point it’s probably not worth pursuing.
If they don’t, then all you really need is to attach the demand letter and exhibits (your phone and emails to POF, receipt when buying, their guarantee, etc) to your case and it should be a slam dunk.
These kinds of industry predators deserve to have the occasional customer muscle them into complying with their bullshit marketing claims (100% Satisfaction Guaranteed!!). I recently had to put Bushnell in check after they tried to completely fuck me on their Elite Tactical warranty.