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CATERPILLAR.REVIEW.COM

The story of a paralytic who paid for a

caterpillar marine engine model 3208 in
1995, but never received said engine or the
refund of his money.

The undelivered engine model 3208 paid by This is Robert Schwarz in 2010 still waiting
Robert Schwarz in March 1995. for the refund of his money after 15 yrs.
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THIS IS MY STORY – ROBERT SCHWARZ.

My story started back in 1995 when I decided to buy a

caterpillar marine engine for my boat from Propmech,
an authorized Caterpillar dealer in the Philippines.

This is the marine engine model 3208 shown in the

brochure given to me by Propmech in 1995.

Caterpillar marine engine model 3208

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Below is the warranty that caterpillar promises to its customers; but

for me, it never happened, because Caterpillar believes in the
misrepresentation of Propmech, its authorized dealer.
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Before I present documentary evidence of this fraud, may I narrate

first my story so the readers will have the whole picture of what
happened.

In 1995, a certain Richard Parker claiming as Caterpillar Agent of

Propmech (authorized dealer of Caterpillar in the Philippines), who
was installing Caterpillar engines in one of the dive operators in
Palawan offered me to buy a marine engine (twin Caterpillar 3208’s
with 507 gears) to power my boat (under construction at that time)
intended for my diving tourism business at Tubbataha Reef off
Palawan;

Convinced of the offer, I joined Richard Parker in Manila and he

introduced me to his Boss, Helen Tong, Chief Executive Officer of
Propmech; we negotiated and closed deal on March 23, 1995 and on
the same day (March 23) and on April 19, 1995, I made two
payments for the engine by transferring the money through FEBTC to
the account of Helen Tong. (see certification of FEBTC)

I delayed delivery of my engine because at that time my boat was not

yet ready; Propmech agreed to have my engine secured in their
warehouse; on May 1995, Helen Tong, through Richard Parker asked
me to use my engine in a boat show to which I granted the request.

On October 21, 1995 I called Helen Tong for the delivery of my

engine, but she became unfriendly and said Richard Parker was no
longer connected with Propmech and claimed money was due her.

From then on, despite many demands, Propmech failed to deliver my

engine, claiming that Richard Parker was the buyer and not me.

See my affidavit, detailing my transaction with Propmech.

I communicated with Caterpillar and Monark (another Caterpillar

authorized dealer and I was made to understand later that Propmech was a sub-
dealer under Monark) regarding this fraudulent act of Propmech, but
they chose not to look deeper into my case, instead they sided with
the story concocted by Propmech to avoid responsibility.
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In 1998, I filed a lawsuit against Propmech and Caterpillar in the

Philippine Court, but to this day, Propmech did not even bother to
attend a pre-trial; and Caterpillar just ignored the lawsuit. Since I do
not have the money to shoulder the expenses of the Court legal
officer to serve the subpoena to the President of Caterpillar in
Michigan, Illinois, the case is still pending and waiting for the
subpoena that can not be served.

We have a message for business owners considering doing business with

Caterpillar through confirmed authorized Caterpillar dealerships. The price I
paid to bring this message is the loss in excess of 300,000.00 US dollars it cost
my family. It cost me 15 years of my life. That message is: before sale
Caterpillar and the authorized Caterpillar dealership will tell you to
trust and depend on your Caterpillar product to be the profitable
choice for your business. But after purchase even when supported by
official payment there is so no assurance you will ever receive the product you
specifically ordered or a compatible substitute. The entry of the order within
the dealership network is very vague and there is no security to prevent
violation of your order after the deal is done.

See this glaring inconsistencies:

My story: the sales application engineer representing Propmech was

Richard Parker. Thru his corporation, Propmech, I negotiated and
purchased twin Caterpillar 3208's with 507 gears supported by
incontestable receipts of full payment.

The story of Propmech, Monark Equipment, & Caterpillar:

Richard Parker was an independent agent and sole purchaser. That
Propmech issued to him a full refund.

Upon knowing their story I simply asked: Ok, if this is true, where is the original
invoicing of Sale? Even today Caterpillar still refuses to clarify how authorized
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Caterpillar dealerships register sales or account for receiving the customers

purchase payments.

To circumvent this, Caterpillar claims: Propmech is not an authorized Caterpillar

Dealership, i. e., therefore we don't need any accounting for your money. (This
is adequately answered in Question number 2 in the succeeding pages).

SUBSEQUENT DISCOVERY: You may notice in Propmech, Monark and

Caterpillar story that there is one very critical point that was omitted. If
their story is correct, who then was the sales agent or applications
engineer? Four years later Propmech filled in the blank: Caterpillar
Representative RINGO CHOW. Thus there appears to be a secret
agreement between Propmech, Monark and Caterpillar, not only to destroy
the original invoicing of my order, but also to change the salesman from
Richard Parker to RINGO CHOW. I have repeatedly demanded J. WESLY
BLUMENSINE (Caterpillar Legal Officer) to clarify this unknown and undisclosed
relationship to transaction by Caterpillar Representative RINGO CHOW to my
purchase transactions but Caterpillar just ignored me. After Propmech invented
this role Ringo Chow allegedly played, I was able to piece together the
evidence and provided such evidence to both MONARK and
CATERPILLAR to prove how they were deceived by Propmech into
presuming RINGO CHOW was the sales agent but still there has been no
corrective action.

What action by either Caterpillar or Monark Equipment would have prevented

this mess? A simple order entry system secured from violations of law. The
truth is Propmech's only evidence is four petty cash vouchers. How can Monark
and Caterpillar believe that a refund was submitted, when these corporations
cannot account for the entry of the order? Why did Caterpillar and Monark not
acknowledge their mistakes? They are protected from legal recourse. They are
not obligated to answer at all even when Propmech, the confirmed authorized
Caterpillar Dealership, says Caterpillar Representative RINGO CHOW acted in
Richard Parker's capacity.
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In short if your purchase is in excess of $1,000,000.00 you are probably ok

doing business with Caterpillar through confirmed authorized Caterpillar
dealerships; but if your purchase is just a dime in a bucket (just like me), you
are putting your livelihood at risk; they can steal your money with impunity.

My family's business collapse was the price to be paid. Don't be confused by

what they say and remember: even if you have receipts of payment, Caterpillar
will not acknowledge you as a legitimate customer. Why? Your business has
no meaning to them. Its their sale that matters.

If you are wondering did I file legal action? Yes! but for 12 years Propmech has
not attended pre-trial hearing; not only do these corporations make a mockery
of law on contracts they also mock society.

You can do anything to help me; 15 years of my life’s opportunity is lost! But
you can help yourself: do not trust your money to Caterpillar, Monark or
Propmech!

There are three questions crucial to shade light to

ascertain the truth of this case:

1. Propmech misled Caterpillar to believe that I was not the

buyer of said engine.
2. Caterpillar chose to believe its dealer rather than going
deeper to know the truth to protect its customers and
stand by its warranty to end-users; when faced with
the preponderance of evidence in my favor, Caterpillar
distanced itself from Propmech, alleging that the
latter was not its authorized dealer.
3. Propmech refused to acknowledge Richard Parker as its
agent, but alleged that he was the buyer; despite the
fact that it was Parker (acting as agent), who
introduced me (as buyer) to Helen Tong (as dealer).
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It was very obvious to my observation that there was internal

maneuvering and double crossing within the dealership network after
the time of sale to defraud me… and I was the resultant victim.

If after I brought this matter to Caterpillar, the management acted

with dispatch to protect the interest of its customers, Propmech
would have been compelled to settle the issue; unfortunately
Caterpillar (specifically Mr. Wesly Blumenshine, its Legal Officer)
chose to believe the story of Propmech, its authorized dealer, despite
the warranty it announces to the world.

With the foregoing reasons, I opted to bring this to the Jury of Public
Opinion, through the power of the Web, so justice will prevail. I will
bring to light this case with documentary evidence for the people and
buyers of Caterpillar products to show that Caterpillar does not
always honor its warranty to its customers. – Robert Schwarz. Read
on…

First Question to resolve:

Was Mr.Robert Schwarz the buyer of Caterpillar marine

engine model 3208? Or was it Mr. Richard Parker as alleged
by Propmech? Evidence of payment below…

Mr. Roberts Schwarz’ name in FEBTC credit memo, attesting

to the fact that it was he who paid for the said engine.
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Propmech was not able to produce the original invoicing to prove

transaction took place. Even when I demanded for this invoice,
Propmech just ignored it. When I pay through the bank, the bank
issued a credit memo attesting to the transfer of funds from my
account to the account of Helen tong, Propmech’s Chief Executive
Officer. (Please take note that I am a paralytic and Manila is about 1 hour
plane ride to Palawan, so it was convenient for me to call the dealer (Promech)
or sent a letter, rather than personally going to Manila to get the invoice after I
paid the engine.)

Below is the certification from FEBTC confirming the payments made

by Mr. Roberts Schwarz to Helen Tong, Chief Executive Officer of
Propmech.
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Robert Schwarz affidavit, narrating his dealings with Helen Tong, the Chief
Executive Officer of Propmech, which is self-explanatory…
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Page two of the affidavit…

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Salient points in the affidavit: paragraphs 3,4,6,7,9,12,13,14 and 15,

emphasized herein…

That my first meeting with Helen Tong at Propmech occurred on March 23, 1995 and took place on
the 2nd floor of 509 Camba Street, San Nicolas, Binondo Manila;

That I was introduced in a meeting Ms. Tong and Mr. Nelson Ong by Richard Parker where I showed
around various photographs of the vessel and the boatyard where the boat in the beginning stages of
construction;

That Helen Tong informed me Propmech was a corporation whose business was exclusively selling
and servicing Caterpillar marine products as the authorized representative of Caterpillar in the
Philippines;

That I inquired with Helen Tong about Richard Parker’s status within the corporation and was
informed he had recently been promoted to corporate mechanical engineer after excelling in
Caterpillar’s service training program;

That I was contacted by Helen Tong through Richard Parker May `95 for permission to use my pearl
white Caterpillar 3208’s in a boat show and color chorography was excellent;

That when I called Propmech October 21st I listen to Helen Tong narrate how she had just paid the
PNP for recovering the Propmech service vehicle loaded full of expensive tools found unlocked and
abandoned outside a bar in Makati;

That from the sketches of information I received from Helen Tong about Richard Parker’s poor work
performance I could only suggest she have him tested for substance abuse;

That after patiently listening to Helen Tong’s story I demanded delivery which she had previously
assured was not a problem just to let her know when at which point she abruptly became unfriendly
claiming Richard Parker was no longer connected to Propmech and claimed money was due her;

That the sales invoicing records have mysteriously disappeared;

The narration in the affidavit, quoted above, compliments and confirms the
substance of the documents shown here that Mr. Robert Schwarz is the
buyer of the said engine and not Richard Parker as Propmech alleged. This
affidavit narrated verifiable incidents and any reasonable and impartial
individual can discern its truth.
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Second question to resolve:

Is Propmech an authorized dealer of Caterpillar in the

Philippines? See the following documents and you decide…
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Another document to show the obvious… screen shots of portion of

the first and last page of the letter of Promech attorney to
Caterpillar attestings its dealership! Also see the CAT logo…
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Mr. Schwarz letter to Ronnie Atterbury III, General Counsel and

Secretary of Caterpillar, which is self-explanatory…

Second Question to Resolve:

The above three letters, particularly from Caterpillar Vice-President Ramseyer, aside
from confirming that Propmech was the authorized dealer of Caterpillar, also
mentioned (and believed) Propmech’s allegation (misrepresentation?) that Richard
Parker was the buyer of the engine and refunded to him my money. He should have
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conducted due deligence, if only to make sure and ensure Caterpillar’s image and
warranty.

Another distortion (that Caterpillar believed) is the claim of Propmech that they return
the money to Richard Parker. It was my money (as duly certified by the bank) and not
Parker’s. If there is such a refund, Propmech should have contacted me first and
verified if I authorized Parker to receive the refund…. But in the first place, I was not
asking for refund; I was asking for the delivery of my engine.

I cannot believe that Caterpillar (specifically Wesly Blumenshine, its Legal Officer, who
eventually sided with Helen Tong) would swallow “bait, hook and sinker” the allegation
of Propmech without going deeper into this controversy (even after I submitted the
documentary evidence of such fraud).

The so-called refund (which Blumenshine believed) was evidenced only by petty cash
vouchers (which can be interpreted in thousand ways) and that its value cannot even
stand the scrutiny of a grade school pupil.

Here is one of the

four petty cash
vouchers, allegedly a
refund made by
Propmech to Parker.
It says “personal cash
advance”; how come,
a high caliber lawyer
like Blumenshine did
not see the obvious?
Or is he a part of the
scam?
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Take note also that in paragraph 9 of the affidavit of Rober Schwarz (emphasis and
underlining supplied), states:

“That I inquired with Helen Tong about Richard Parker’s status within the corporation and was
informed he had recently been promoted to corporate mechanical engineer after excelling in
Caterpillar’s service training program;”

“That I was contacted by Helen Tong through Richard Parker May `95 for permission to use my
pearl white Caterpillar 3208’s in a boat show and color chorography was excellent;”

If I was not the owner of said engine, why should Propmech asked
permission to use it in a boat show?

I may not be the only one who experienced similar unfortunate incidents with how
Caterpillar treats its customers… and this story I hope will caution prospective
customers of Caterpillar… they can also narrate their stories in the section provided for
in this website….

It is very risky to purchase caterpillar products through an authorized dealer,

especially when one is just an unknown individual and not a big customer. Why? Because
representatives of Caterpillar are free from all responsibility of their actions. Caterpillar
knows they are free to say and do anything with your money and there is nothing you can do
about that.

With this documentary evidence, question number two is revolved:

Propmech is authorized Caterpillar dealer in the Philippines.

Third question to resolve:

Was Richard Parker an agent of Propmech at the time of the sale?

Business card of Richard Parker, showing Propmech’s and Caterpillar’s logos

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Affidavit of Mayor Gil Policarpio, another customer of Richard Parker.

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Affidavit of J.Stephen Wallace, attesting to his knowledge that Richard

Parker was a Caterpillar agent…
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Affidavit of Mr. Norman Songco, dive operator in Puerto Princesa,

regarding Richard Parker.

These documents are evidence to show that Richard Parker was an

agent of Propmech at the time when I negotiated to buy Caterpillar
marine engine for my boat. Question number three is resolved!
Again, the readers may take note of affidavit of Robert Schwarz
under Question number one, detailing the circumstances of the
meetings between Schwarz, Parker and Helen Tong at Propmech’s
Office in Manila.
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The foregoing documentary presentation resolves

three very important questions:

1. Was Robert Schwarz the legitimate buyer of Caterpillar marine

engine model 3208? Answer is Yes!
2. Was Propmech an authorized dealer of Caterpillar in the
Philippines at the time of the sale? Answer is Yes!
3. Was Richard Parker an agent of Propmech at the time when
Robert Schwarz negotiated with the sale? Answer is Yes!

With the resolution of these three questions, is Caterpillar not obliged

to compel Propmech to stand by its warranty to its customers? Here
is another warranty that Caterpillar announces to the world!
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The warranty sates:

“When you make a living in the water, your engines have to work. No
excuses.”

“It all begins the moment you purchase your Cat Engine.
Caterpillar makes every effort to asure that owning and maintainging
a Cat Engine is easy from the start.”

“Your nearby Cat Dealer also has most advanced diagnostic

equipment available – placed in the hands of 30,000 Caterpillar
dealer-trained mechanics. Trust these experts with both routine
and preventive maintenance.”

Where is this warranty in my case? Does Caterpillar value its

dealers more than its customers?

In the name of fairness and justice, I, Robert Schwarz, a paralytic,

who has nothing to gain by misrepresenting and fighting a giant
corporation like Caterpillar, is requesting all the readers of this
website to spread the word that…”CATERPILLAR DOES NOT
ALWAYS HONOR ITS WARRANTY TO CUSTOMERS”, and to
caution the public that Caterpillar values its dealers more than
its customers.

I challenge Caterpillar to file a case against me, if the management

thinks I am misrepresenting my story. All I want is justice!!!... and
the return of my hard-earned money with interest for the last 15
years, including lost opportunities and moral damages!!! – ROBERT
SCHWARZ.