Update by user Oct 17, 2016
FOR IMMEDIATE RELEASE
NO-MAR ENTERPRISES, LLC AND MR. WILLIAM A.
SETTLE THE MATTER
AFTER NEARLY TWO YEARS, Mr. William A. Thompson and No-Mar
Enterprises, LLC, have settled their matter litigated this summer, effective Oct 6, 2016. Each contributed to the settlement in his own manner.
settlement occurred following both Mr. Thompson and No-Mar calmly reviewing their positions. Both No-Mar and Mr. Thompson have mutually decided to move on.
No-Mar Enterprises, LLC, of St. Louis, Missouri, makes tools for motorcycle tires.
To reach No-Mar, call Mr. Steve Nemish, 636-326-**** or visit www.nomartirechanger.com.
Original review posted by user Sep 17, 2015
The short version is : Steve Nemish, the owner of No Mar Tire Changers, came to my home to show my how to use their Pro model machine and in the process, under his guidance, use, supervision, and techniques scratched my chrome rim with their "non marring" spoon bars and is denying the damage and refusing to pay for the repair… once I had exhausted all attempts to resolve this issue between myself and No Mar without resolution, I decided to contact the Missouri State Attorney General’s office. Here is that letter and all the correspondence between me and them via the AG’s office. Their responses, allegations, denials, and lies are a complete embarrassment for them. After reading the series of events it will be very clear how they are devoid of any ethical and moral business practices and I urge you to not do any business with them lest you end up being treated the way I was. The day of the training I had 3 rims, 2 out of the 3 were damaged during the training. One was an automotive chrome rim that Steve stood on while trying to dismount the tire and caused scratches from his dirty shoes. The other was an expensive 2k chrome motorcycle rim, the spoon bars managed to put a series of scratches on the lip using their claimed "scratch proof " spoon bars. Steve has denied the damage and is refusing to pay for a re-chrome on the motorcycle rim. I have been trying to settle this issue quietly and professionally as the videos are irrefutable proof that their spoon bar did the damage. Here is a link to a You Tube video: https://youtu.be/0c1Rkpz8Rkc In addition to the spoon bar being used on my rim, he is using the ATV bead breaker which, oddly, has no protection on a "as advertised non marring machine and accessories" you will see him standing on a chrome rim that was placed on the bare concrete floor and a heavy blanket laid down only after I made a comment about laying chrome on a bare concrete floor. Keep in mind, this was his choice to use this method. Standing on rim 1 Standing on Rim 2 Initial letter to Missouri State Attorney General’s office, this was only sent once I had exhausted all attempts to resolve this issue between myself and No Mar. Hello, To preface, No Mar claims that their tire changing machines and related products that come into contact with your wheel will NOT scratch it. After buying the machine, the owner – Steve Nemish, offered to come to my home in Florida in 10/14 as there was a show they were attending close to me and he would show me how to use the machine. During the process of mounting my tire on a motorcycle rim using the company’s spoon bars with the claimed "non marring surface" he managed to put scratches to the point where you can feel them with your fingernails. This is a very expensive (2k) chrome motorcycle wheel that is no longer made and had no blemishes prior to this day. No Mar is refusing to admit fault and also refusing to pay for re chroming of the rim ($600) due to damage caused not only by their product but by the owner himself. This is clearly false advertising about not marring rims and they are failing to act in good faith and admit that their products do not stand up to their claims. I have had correspondence with Sue Lakebrink-Nemish (co-owner) via e-mail to no avail and even have the video and picture proof of the spoon bars scratching the rim as well. As a consumer, I just want the company to do the right thing that any good, reputable company would and should do, and that is to reimburse me for the damage done not only by their tools but the owner himself. Thank you for your help in resolving this issue. Below is No Mar’s response to my complaint: No Mar reply to AG This is my rebuttal to No mars response: March 26,2015 To the Missouri Attorney General’s office, This rebuttal is for No Mar’s response to you for complaint # CF-2014-1****. I find it hard to take No Mar’s response seriously when there are lies and false statements throughout! What does receiving an award have to do with this situation? I bet if Andrew Koenig read this letter he would think twice about giving another award to No Mar. I did not contact the Attorney General’s office with a slanderous complaint – it is only slander if it is not true. I contacted the office to help me resolve this issue because No Mar will not pay me for damage to my property, caused by their spoon bar. Due to the size of these rims it is difficult to find a trust worthy shop in my area, so my plan was to open a small business and offer tire changing for high end chrome rims. Prior to buying this machine, I told No Mar that I had show chrome rims and was assured by the website, employees, Sue, and Steve that the special UHMW material used in their products would not scratch. So, taking their word, I purchased the machine in good faith. I paid $1800 for the top of the line Pro model. The system did not perform as described for my use so I should not have had to fight to get my money returned and my rim repaired. A few days after the system was delivered, I did inquire about the return policy. I had 3 practice rims (one of which was the rim in question). I watched the included DVD, watched every video on the web and made several phone calls to the shop. I was not able to mount and/or dismount any of the practice rims. I was assured that the only reason I could not use the system was there is a technique and once I learned the technique I should be able to mount/dismount any rim/tire. At this time I was offered a day of training by Steve Nemish the owner/creator of the No Mar System. I accepted the offer but had to wait for several weeks because Steve was coming to Orlando for a trade show and since we were close to Orlando he would be able to come to my house during this trip. So, as you can see Steve did not make a special trip just for me as insinuated in the response letter. Also, Steve was at our house Monday October 13 not Tuesday October 14 as stated by Sue Nemish in her response letter. My understanding is that the training was twofold: 1- Demonstrate mounting and dismounting of several tires/rims of my choice. 2- Perform the above task WITHOUT scratching the chrome. Steve may have been successful at demonstrating that "he" was able to mount and dismount the tires BUT was unsuccessful at performing the task without damaging both chrome rims. For this reason I am holding him, his company and the spoon bar tools accountable for the damage of my chrome rim! Upon arrival to my home, the first thing Steve said to me was a racial reference to the effect that "I was relieved when I saw that you weren’t an Asian guy". I asked what he meant by that and his response was that "shorter guys have a hard time working the machines because you need leverage". I am 5 foot 9 inches and 180 lbs – this is an average height and weight for an adult male in the US. If this is a known issue, which No Mar admits to in their response letter and by Steve’s own words, there should be a minimum height and weight limit required to purchase the machine in order to operate it without problems or a system redesign. I feel as though this is another misrepresentation of this product, plus I did not appreciate the racial slur. The Mount/Dismount bar is what is recommended for most applications and is the main tool they use in most of the videos but could not be used on my chrome rim that was scratched or another car chrome rim that I had. One technique that Steve demonstrated was on the automotive chrome rim, he laid the chrome rim on the bare concrete garage floor and proceeded to stand on it while trying to break the bead with an ATV bead breaker. The ATV bead breaker which, as the name implies, is for smaller off road type vehicle tires – not the normal bead breaker. This technique not only caused scratches on the face of the raised chrome spokes of the rim while on the concrete but also when he flipped the rim over and stood on the chrome spokes. Only when we asked about laying the chrome rim on the concrete did Steve put a blanket on the floor. This was a practice rim so it is not an issue but would be if this is the only technique to use on this type of rim/tire combo. This machine did not work at all as described and once again a misrepresentation of this machine. Steve mentioned that the tire/rim combos that I had where the hardest he had ever done and were quite the struggle. If it was difficult for him, how is average user supposed to do it successfully without problems and frustration? Steve mentioned that the company who made my rims were stupid because they did not incorporate a deep enough drop center which made it very difficult to mount the tire with a No Mar manual machine. The wheel and tire combo’s that I had were standard wheel/tire combos that would be representative of the business model I intended to open, and these were the hardest Steve has ever done?? No Mar knew exactly my intentions of this machine before I purchased. – 300mm motorcycle tire on a 18in rim – 13 in trailer tire on steel rim. – 18 in car tire with chrome rim. This should be a huge red flag for anyone considering this machine! It is also important to note that the spoon bars were needed on all the rims. After the day of training the reason I was unsuccessful was not because of my height but because the spoon bars were needed on all 3 rims and this technique is not the usual technique needed for most applications. The website and videos describe the use of the mount/dismount bar for most applications. This bar could not be used on the wheel/tire combinations I had or would need for my business. Another important thing to mention, I also have a truck with 40 in tires. The specs for the Pro model I bought say’s it can change up to a 42 in OD tire. When I pointed out my tires to Steve and mentioned that I was looking forward to trying the machine out on them he said that it would be too difficult on the machine and he would not even try, He said he would just bring them to a tire shop because they would be too difficult to change on his system, but it is advertised and sold to unsuspecting customers and the owner won’t even use it!!! No Mar doesn’t even use their own tire changing machines that Steve Nemish designed! Steve mentioned that their company and personal cars/truck tires get changed at a local tire shop. Yet they advertise that this Pro Model can change car and truck tires, but they don’t mention that it is too difficult to do even for the owner. Sue describes the scratches as all around the rim and that is NOT the case. The scratches are only on the rim where the spoon bar came in contact with the chrome rim. The video of Steve and me attempting to put this tire on clearly shows how much the spoon bar came in contact with the chrome and shoving the spoon bar up under the tire against the lip of the rim in order to get the tire on the rim which is exactly where the scratches are! The insinuation that I dragged my $2,000 rim on the ground is absolutely ridiculous – they are clearly grabbing for straws and making up stupid and false statements to not admit they did it. This from a company who says they operate on honesty. Steve did not wipe the wheel clean as claimed, if he did anything at all, then all he did was simply give a quick swipe with a rag that just smeared the mounting grease. Remember, I had been told by everyone at No Mar that it would not scratch even show chrome rims. I was very clear when asking before I bought this machine, so looking for scratches before Steve left was not even on my mind. It was only after I cleaned the grease off the wheel did I notice the scratches! It would have been very easy for Steve to come back to my home as I had contacted him via his cell phone and left a voicemail less than a half hour after he left. Sue conveniently left that part out instead insinuating that I had called her first. I only called her after I did not get a response back from Steve. He was in the company box truck and could have easily turned around or come back after the show. The real reason Steve would not come back is that he is a spineless individual who did not want to face an irate customer and the realization that one of their tools actually scratched a rim. Steve also has his wife, Susan, do all the correspondence. Not once has he spoken to me about this issue, except one reply to a text message that accused me of laying the rim on the ground! I recently read on a motorcycle forum that Steve responded to a post and said that he usually does not respond to angry phone calls and will usually e-mail a response instead of returning a call. Steve also said "Let it be known. We will not kiss butts" I wish I read about this before I purchased the system – this is definitely another red flag for me. I would never have purchased the system from an arrogant owner of a business with this attitude. These above comments and actions speaks volumes about his lack of character and shows his true colors and how morally and ethically bankrupt he and his company are. Steve can hide behind the e-mails but it is probably his wife that is replying anyway. As a matter of fact it was Susan’s request to not include anyone on our e-mail correspondence and to this day I have complied with her request. We do have videos of Steve and me using the No Mar system on both the motorcycle rim and car rim. I also have video of me using the spoon bar on a car chrome rim (not the motorcycle chrome rim in question) to show No Mar that it was their tool that made the scratches on the motorcycle chrome rim – indisputable proof their spoon bar caused the scratches! I even sent the video to them and they still want to deny that their product scratched chrome. They want to claim that the rim was dirty or that the tool might have been damaged. If Steve thought for one minute that the rim was dirty or the tool was damaged then why didn’t he stop the training and clean the rim or examine the tools? That is because the rim was clean and the spoon bars were brand new. The return process was a nightmare – Sue constantly repeated that the machine would have to come back in the same condition as it was delivered. I questioned that statement because the machine had sustained some scratching from changing the few tires we did. She said well you can’t drag it down your driveway or beat it with a hammer and expect your full refund – REALLY!!! How insulting! Due to these statements we made sure that every tool was photographed and video was taken of the packaging and the loading of the system onto the delivery truck. A few days later we received an e-mail from Sue asking if we had pictures before and during the pickup, our response was yes, this got us concerned so we called the delivery company and we were told that no information could be given to us as a claim was filed due to damage during shipping. The transport company is the same company that No Mar uses for most of their shipments so they are very familiar with transporting these machines. This is a solid metal machine that would take an awful lot to cause any damage to it. It was bolted to a pallet and wrapped in several layers of heavy plastic and commercial wrap. I can’t believe that they would try to file a false claim, but I wouldn’t put it past them! The rim in question is a $2000 custom rim that is no longer made. Asking for the $600 re-chroming fee is quite reasonable as I could have asked for a new rim. Since it is no longer available I would also need a matching front rim, rotors and belt pulley costing $6000-$7000. I feel as though I am being VERY reasonable. As you can see, I am trying to resolve this quietly and professionally. I do realize that my videos and telling of this story will tarnish their reputation and cost them a lot of business and I will do that but I just want to be made whole from the damage caused by their product and owner in which they claim will NOT scratch chrome. As of today this has cost me $300 in shipping fees plus the $600 it will cost to re chrome my rim. I am willing to forgo the shipping costs (shame on me for believing their propaganda), but they are responsible for the repair of the rim. They are asking for your expert advice if they need to protect themselves. Instead of asking you that question they should be doing the following: – Apologize to the customer for damaging their property with their tool. – Reimburse the customer for the damage caused by the OWNER AND DESIGNER OF THE PRODUCT (spoon bar). – Thank the customer for finding that one of your products (spoon bar) will scratch chrome, and change the material on the spoon bar so it won’t scratch. This is an e-mail I sent to Sue Nemish after the rim was scratched and Steve Nemish would not return my calls …. Sue, It is with deep regret that I must again write another email regarding my dissatisfaction with your No Mar Pro Model machine. I trusted you and your company that the machine would not mar my wheel and it did. As the name states "No Mar" and with the reassurance from your website and several of your employees that your products would NOT mar chrome wheels was false advertisement to me. As stated several times to various employees, the purpose for buying the top of the line (spending $1800) machine was to start my own business to offer bikers/car enthusiasts to change their tires without marring their rims. This obviously can’t be done, not even by the owner, Steve Nemish. It is a fact (I have irrefutable proof via photographic and video evidence) that my rim was damaged due to your product, damage that is impossible to have occurred by dropping or dragging the rim on the concrete (Steve’s accusation) with the tire mounted as the tire sticks out past the rim. Your team also suggested that the damage could have been caused from a dirty rim or a damaged spoon bar. If during the training Steve thought for one minute that the rim was dirty or the spoon bars where damaged/dirty (which obviously was not the case) he should have never attempted to mount/dismount the tire. The motorcycle rim was not the only rim that was marred during the training. The chrome car rim that Steve laid on the concrete floor and proceeded to stand on it while using the ATV bead breaker was also damaged (I also have pictures and videos of this technique). This is obviously not a technique that I or anyone else can use to change a tire on a chrome rim without damaging it. If the owner/designer, Steve Nemish, could not change the tire without marring the wheel then how would you expect me or any other consumer to do it? What would have cost $80 for a shop to change my tire is now going to cost me $900 ($600 for a re chrome and $300 in shipping costs). I believe I should not have to incur these costs. I am willing to accept $600 for the cost of the re chrome to make me a satisfied customer. This is a small price to pay considering the time and frustration of trying to maintain your reputation with the evidence I have. You are a reputable company, and it is not my goal to tarnish that reputation but I will if you force me to do so. I am confident a third party would view the video’s I have of your husband shoving the spoon bar in very hard on the rim as documentation the rim was marred as a result of your product. I will give you 2 business days to hear back from you concerning this matter or I will have no other choice than exercise many options available to me such as: taking you to small claims court for the damage to the rim, reporting you to the Better Business Bureau, consumer complaint sites and expressing my extreme displeasure to the online world. If we cannot come to an amicable resolution, I assure you the negative publicity you will receive via my honest assessment of my poor experience with your product on my motorcycle forum, other motorcycle forums, YouTube videos, and utilizing a massive resource of social media sites, will be far more expensive in the long-run than doing the right thing now. What would it cost if you lost 1, 2,…5…, 10, or more… future customers due to negative publicity? Much more than $600 Bill After I sent the above letter to Sue Nemish via e-mail, I received several other e-mail responses from Sue asking me: who does your chroming, what size is your wheel, how much will the chroming costs, etc.? She keeps leading me on like they are going to do the right thing but then replied that I should wait to hear back from their attorney. Now, I ask you, if they are really confident that their tool did not scratch why would ANY of these questions be asked or why would they need an attorney?? It’s obvious, the reason is because to admit it would go against their entire business model and damage the whole credibility of their company. This is the letter from No Mar’s attorney with a picture of me using the spoon bar on the day Steve was at my house basically accusing me of copyright infringement! RE: tradernark No Mar @ Docket No.: M007 By first class mail Dear Mr. Thompson: Upon viewing a photo, our Client, No-Mar Enterprises, LLC, noticed your usage of No-Mar and No-Mar with design in relation to hand tools for tire changing. Upon information and belief, these usages may also appear on the forum http://www.v8bikers.com. A copy of the photo is enclosed. The name No-Mar and No-Mar with design on the photo appears visible on computers in Missouri. However, your usage of No-Mar and No-Mar with design in reference to various tire changing products appears similar to the products of our Client. Since at least as early as July 2005, our Client has made and sold hand tools for tire changing. Our Client obtained a U.S. trademark registration upon No Mar with design in Sep. 201O. Our Client has kept the registration to date with the Trademark Office. Your usage of No-Mar and No-Mar with design appears in the enclosed photo and possibly upon the forum http://www.v8bikers.com, and features tools for manual tire changing. Your usage of our Client’s trademark in the photo appears likely to cause confusion among consumers. Your usage of No-Mar and No-Mar with design in reference to various products infringes upon the No-Mar with design registered trademark of our Client. Perhaps you were unaware of our Client’s trademark or use of it was coincidental. We request that you immediately remove the term No-Mar and No- Mar with design from websites, the forum http://www.v8bikers.com, metatags, other forums, products, product packaging, advertising, and other marketing materials. Many other names are available for your products. A well chosen alternate name can avoid later difficulty. If you would like to discuss this matter further, let us know. Charles C. McCloskey, LLC Law Office 13321 N. Outer 40 R. STE 100 Town and Country, MO. 630173 636-527-**** I didn’t understand what this letter was in reference to so I called Mr. McCloskey and asked if he and No Mar had actually had a conversation about the scratched rim as this had absolutely nothing to with my complaint. He claimed he had no idea my compliant was about the scratched rim. I had to explain to him exactly what was going on! I had several phone calls with their attorney and besides the small talk he made several offers to me in an attempt to keep me quiet…. – Offering tickets to motorsports shows – Asking if they could purchase my motorcycle website – Ask if they can use their chromer instead of the ones I found (actually only two in whole country I found who can chrome the wheel I have) that No Mar scratched. – Buy me a new wheel if they could find one. The attorney also asked me irrelevant questions about how long I been riding, how the roads are in Florida for motorcycles, how is the weather for riding, and other questions that had nothing to do with situation. I know he was doing this to keep me on the phone for a certain time limit so he can justify billing No Mar more money – which is ridiculous because instead of paying me for damage to my rim they are paying their lawyer – those fees do add up quick. Either way, this is costing them time and money. My response to the attorney was that the wheel is discontinued and I did not want to use any other chrome facility other than the two I had found, since I know that they deal with large high end chrome rims. I have no intentions of selling my website and I do not want any tickets to motor sports, I simply want my rim repaired. My last conversation with the attorney was that No Mar decided not to do anything and will take their chances. This was an obvious failed attempt to try to intimidate me with a letter from an attorney, and is what prompted me to contact your office. Again, if they are really confident that their tool did not scratch why would ANY of these questions be asked?? A very similar situation happened to the Nemish’s. Steve told me a story where his wife Sue’s Corvette rims were damaged when they were getting new tires put on and the shop refused to repair them. He told the manager that they were going to be at a show soon and if the tire store manager did not fix his rims he was going to put up a big banner saying how the company damaged his rims and would not fix them. Steve said the owner agreed to fix the rims at that point. Sue also told me the same story. So, it’s ok for the Nemishes to threaten a shop but when a customer of theirs has the same situation No Mar calls it "extortion". Their website states that there "may" be a restocking fee at their discretion so they did not do me any favors. They did not charge the fee because they were trying to bribe me into thinking that because they waived the fee I would consider that "payment" for rechroming the rim and then they would not have to actually admit causing the damage. The statement Sue made about the rim in question about me saying that he rim had a *** chrome job is a total fabrication and bold faced lie!! That wheel has never been rechromed and in fact, had no blemishes prior to that day! A real *** statement for a company that says they operate on honesty, dependability and service! Accusations of slander, extortion, gold digging – what a joke. Is this a way to treat a customer who’s rim was damaged by your products? Just think what people are going to think about No Mar and the loss of business No Mar will incur once I start posting: – Steve’s racial comment – emails – photos – videos – the letter from No Mar’s attorney that had nothing to do with my complaint – No Mar’s response to the Attorney General’s office – This rebuttal There are so many websites and social media options out there in the motorsports and other industries where their tire changer and products might be used where I will be posting, sending emails, pics, videos, etc that they never be able to find them all to give a response. It would be a mute point anyway with all the evidence I have. No Mar had very little complaints or negativity online. It is incomprehensible to me why they would not want to maintain that reputation and have a happy customer, instead No Mar would rather fight a fight they are never going to win. The $600 they would have paid me is going to be pocket change compared to the business they will lose and the loss of the reputation they did have. I do have a lot of time and will not back down – ever – until or unless I get reimbursed for the damage to my chrome motorcycle rim. No mar states that "we do not have any metal on metal to have the alleged scratches" they are trying to shift the focus of my compliant and are clueless. THE PART THAT SCRATCHED THE WHEEL IS THE NON MARRING SURFACE- NOT THE METAL PART! I have a video to prove it. The fact that they claim their products will not scratch is clearly false advertising and Missouri should be taking steps to force them to change and should be embarrassed to have them operating in your state. In addition to this complaint I will also be filing another complaint to the Attorney General for the false advertising. At this time I have not put anything on the web but time is running out and my patience is wearing thin. I just want No Mar to do the right thing that they would want if the same thing happened to them. This is not extortion!! I have every right to tell this story publically because it is totally true that No Mar scratched a chrome motorcycle rim and is refusing a repair that I am rightfully owed. The statements in this letter are the true facts and can be corroborated by 2 witnesses that were present during the entire training plus the video and picture evidence I have. I am being very fair by asking just for the cost of the rim to be repaired. Thank you for your time and I appreciate your help with resolving this matter. Bill Thompson No Mars Final response: Final Response to AG from NoMar I also decided to pursue this in My home state of Florida as well and Sue Nemish of No Mar wrote in her response to FL that on April 16, 2015, there was a phone call from Lesha Bommel (the contact person in the Missouri AG’S office who was handling the complaint) that the case was closed in favor of No Mar and she was waiting on a letter from Lesha – FALSE. I called the Missouri AG and was told that was absolutely NOT the case and they had no idea why she would say that. However, I do, they are pathetic, deceptive individuals who will use any *** tactic available to cover up their lies.