Five Points Tire Imports, Inc.
2115 El Camino Real at Woodside Road
Redwood City, CA 94063
415 365 0280


October 19, 1995


Mr. Rod Welch
The Welch Company
440 Davis Court, #1602
San Francisco, CA 94111

Subject: Remedy for Defective Tire

Dear Rod,

Enclosed is a copy of your claim form sent to General Tire. Also a copy of an invoice showing the $43.50 charge for a new tire. If you would like to purchase a new tire, General has adjusted the price 65% for a total of $43.50. It is common practice to replace tires in pairs, so therefore I would recommend replacing the worst 2 tires on the car (one being the separated one). The reason you did not receive more credit is that the shoulders of the tire were practically worn out. In my opinion that was due to lack of rotation or under inflation.

Manufacturers only give credit towards the purchase of new tires, not cash back.

Thank you,

Sincerely,



Mark Lewman
5 Points Tire




Five Points Tire Imports, Inc.                             R E P A I R
2115 El Camino Real at Woodside Road
Redwood City, CA  94063                                     O R D E R
415 365 0280


Rod Welch
440 Davis Court
San Francisco, cA  94111

October 17, 1995


YEAR, MAKE, MODEL:  93 Sable

                                     SALE
QTY  PART NO. OR DESCRIPTION         AMOUNT         DESCRIPTION OF WORK

 1   General Ameritech               $43.50

     205/65 R15                                General tier has definite belt
                                               spearation.  Tire is worn on
     (Adjustment Price)                        outer edges due to lack of
                                               proper rotation procedures.
     67% Adjustment per General                Both tires replaced had servere
     Customer service                          shoulder wear.  Other 2 tires
                                               wore evenly.  General along with
                                               all other manufacturers will
                                               only give credit toward the
                                               purchase of a new tire - not a
                                               cash back adjustment.



                                                     LABOR ONLY

                                                     PARTS

                                                     GAS, OIL
                                                     & GREASE

                                                     SMOG
                                                     CERTIFICATE

                                                     SUBLET
                                                     REPAIRS

                                                     TAX

                                                     PAY THIS
                                                     AMOUNT            $43.50

INTEREST WILL BE CHARGED AT A RATE OF 1 1/2% PER MONTH ON ACCOUNTS OVER 30 DAYS



CONTINENTAL ADJUSTMENT CLAIM FORM 20570 GENERAL TIRE General Tire, Inc. One General Street, Akron, Ohio 44329-0001 Dealer No. Date of Adjustment 10/17/95 AUTHORIZED CONTINENTAL/GENERAL TIRE DEALER Name: Parnell Jones CONSUMER SECTION Name: Rod Welch Address: 440 Davis Court #1602 City: San Francisco, CA 94111 ASSOCIATE DEALER Name: Five Points Tire Address: 2115 El Camino Real City: Redwood City, CA 94063 Vehicle Make: Mercury Model: Sable Year: 1993 Vehicle Mileage: 36072 Vehicle Identification No. 1MELM504PG658205 Original Equipment: yes Serial No. A3UR438193 Size: 205/65R15 Description: Ameritech St Ply Rating: 4 Dealer % Wear: 67% Mileage Used on Tire 39... Repl Price: 43.50 SERVICE CENTER MANAGER REMARKS App #11518 CUSTOMERS SIGNATURE DATE 10/17/95
GENERAL TIRE 60,000 miles tread wearout limited warranty 001477 Valid only in United States CUSTOMER COPY Please print clearly Rotation Schedule - must be maintained and updated to receive warranty.
GENERAL TIRE (Warranty - page 2) LIMITED WARRANTY ADJUSTMENT POLICY AMERI*TECH 4 AND ST This limited warranty adjustment policy (the Policy) is issued by General Tire, Inc. (General Tire) and is applicable for General branded Ameri*Tech 4 and Ameri*Tech ST tires. This policy applies to tires in normal service displaying adjustable conditions (see section 4 - Exclusions) and does not require the existence of a manufacturing defect in order to qualify for adjustment. This policy is not a warranty that your tire will not fail or become unserviceable if neglected or mistreated. 1. Elegibility a. This policy applies to the consumer/owner or user of General Tire's Ameri*Tech 4 or ST radial tires bearing the General brand name and having D.O.T. date code 400 or later purchased in the replacement market in 1991 or later and operated in the continental U.S. in normal highway use. b. Eligible tires must be used on a vehicle approved for passenger tires as shown on behicle placard (car, light truck, vans) and not used in commercial service including but not limited to taxicabs, police cars, emergency vehicles or non-passenger service or racing. c. Tires branded as "blem" will be adjusted under the basic protection as set forth in Section 2a except that ride or appearance conditions are not adjustable conditions. Tires branded "used" are not eligible under the policy. Tread wearout is not covered on blem. 2. WHAT IS THE ADJUSTMENT POLICY AND FOR HOW LONG? a. Basic Protection The basic protection is for a maximum period of forty-eight (48) months from date of purchase. If an Ameri*Tech 4 or ST tire in normal service becomes unserviceable from a condition other than those listed under Secton 4 during the forty-eight (48) months from date of purchase, it will be replaced with a comparable new General branded tire "free of charge" including mounting and balancing. b) Tread wearout occuring in the first 60,000 miles of use. If the tread on a tire which has been rotated every 6,000 miles in accordance with the prescribed rotation patterns contained on this policy wears down evenly in the tread wear indicators (2/32nds) before 60,000 miles of service, the owner/user will receive a new tire at the percentage of actual mileage received as described in Section 3. Proof of purchase, months of service, odometer reading at installation, rotation (as evidenced by original customer copy of Limited Warranty Certificate) is required. Owner/user pays for mounting and balancing. 3. HOW PRO RATA TREAD WEAROUT REPLACEMENT CHARGE IS CALCULATED You will receive a replacement tire with payment of a replacement charge calculated at the percentage of actual mileage received to 60,000 miles. Example: 50,000 --------- = 83.3% mileage received 60,000 The replacement charge is calculated by multiplying this percentage by the current General Tire's everyday exchange price at time of adjustment, plus all taxes, mounting and balancing. Example: $75.00 current everyday exchange price x 83.3% percent mileage received ----------- $65.48 you pay for new tire plus taxes, mounting and balancing 4. WHAT IS NOT COVERED BY THE ADJUSTMENT POLICY [None of this section appears to impact the Welch situation] 5. REPLACEMENT Replacement qualifying under this policy will be made by any General Tire Service Store, authorized General Tire dealer or vehicle dealer authorized to handle General tire adjustments. Consult your local telephone directory. 6. OWNER'S OBLIGATION Under the tire wearout poriton of this policy (see Section 2b), you are responsible for payment of all taxes, demounting, mounting and balancing and the required 6,000 mile interval tire rotation, proper air pressure, as well as any parts, alignment or other services ordered regardless of mileage. To make a claim under this policy you must present your claim with your original customer copy of this policy with an up-to-date rotation schedule and tire for which adjustment is sought to any General Tire Service Store, authorized General Tire dealer or vehicle dealer authorized to handle General Tire adjustments. Tires replaced on an adjustment basis become the property of General Tire. You will bve required to sign the General Tire replacement claim form or dealer replacement sales receipt. Check the Yellow Pages for the nearest General Tire retailer or call 800 847 3349 for assistance. [remainder of page appears not to be applicable relative to the effort to read it.]