Author Topic: looking for an absoute description of NOS  (Read 3481 times)

Offline stang32

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looking for an absoute description of NOS
« on: July 25, 2011, 08:26:09 PM »
I am in the middle of a legal issue were I am being accused of stealing a 67 deluxe hood, 1st off I did not steal anything, I am a former NYPD officer & have never been accused of any misconduct.
anyways the person who is accusing me of stealing this hood(which was part of a purchase  I made for a dismantled 67 convertible) says the hood was NOS, told the ADA that it had a value of over 1600 dollars.
the hood was prepped & painted. had moldings installed etc,  I have always been under the belief that once a part is prepped & painted, had items mounted to it, then it is no longer NOS, the next thing is, the value, who determines the value? they should have to get the hood apraised by an expert. NOS parts are only worth what someone is willing to pay for them, right? so there is no actual value.
I have send the ADA over 30 craigslist  & ebay ads for deluxe hoods, nothing priced at more than a couple hundred bucks.
 
please chime in

Offline dave6768

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Re: looking for an absoute description of NOS
« Reply #1 on: July 25, 2011, 08:44:41 PM »
Not saying this is the end all of descriptions, however, it's a place to start...

Keep in mind that this does not address if the parts are original Ford with red oxide primer, Ford service parts that were typically black primer, or parts made today on original Ford tooling.  The original source, sure affects the "value."

From Wikipedia, the free encyclopedia
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For other uses of the NOS term, see NOS
See also: OEM
New old stock (abbreviated NOS) refers to obsolete equipment, or original parts for obsolete equipment, that have never been sold at retail.[1]

The term refers to merchandise being offered for sale which was manufactured long ago but that has never been used. Such merchandise may not be produced anymore, and the new old stock may represent the only current market source of a particular item.

Although not an officially recognized accounting term, it is in common use in the auction and retail industries. For example, owners of antique vehicles seek NOS parts from specialized vendors that are needed to keep their automobiles, motorcycles, or trucks operational or in factory-original condition.

Another example is a business catering to vacuum tube enthusiasts that defines NOS as, any stocked item which is either A: out of production; B: discontinued from the current line of product; C: has been sitting on a stockroom or warehouse shelf for some time; or D: any combination of the above.[2]

While damage to the original packaging is common, damage to its contents is generally not acceptable in determining if an item is NOS, as it should be presentable in the same form as when new.

Some people refer to such merchandise as new obsolete stock to further indicate that the parts have not been manufactured for several years. This describes parts that are used in obsolete equipment or the like.

Other people refer to new original stock meaning that they are original equipment parts that remained in inventory for a use that never came. Automobile dealers and parts companies often sell such slow moving stock at a discount. Other specialty parts vendors then market these NOS parts that may either decline or increase in value depending on their type and desirability.[3]

« Last Edit: July 25, 2011, 08:49:39 PM by dave6768 »

Offline bryancobb

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Re: looking for an absoute description of NOS
« Reply #2 on: July 25, 2011, 09:12:37 PM »
The Definition and Value of the hood are irrelevant unless the other part PROVES that you stole it.
You say you didn't, so why do you care about the definition and his stated value?  You seem to think
the Judge or Magistrate will find against you?
66 Metuch Conv
Nightmist, Std Blu Int
6T08C223904    76A       K         22       15c     21      6        6
                      BODY  COLOR   TRIM    DATE   DSO   AXLE  XMSN
   C/O  785                                   (rotation #)
   16    C14   6T08C223904        (weld bay 16, bucked MAR 14)

Offline stang32

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Re: looking for an absoute description of NOS
« Reply #3 on: July 25, 2011, 09:39:09 PM »
no, i do not think that ,there are several issues,
1 they seized my truck as an instrument of the crime & I have been w/out it fo over 6 weeks, & I have a hearing on that on thursday, if i can prove the value is less than 1000 dollars it is no longer a felony & my truck must be returned to me,
then after that is done will I be able to focus on the main issue of the stolen property.

it is real screwed up, basicly I have to fight thiis charge 2 times, once for me, once for the truck.
 

I have signed statesments from the tow truck driver who was there when i picked up the car & hood.

Offline dave6768

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Re: looking for an absoute description of NOS
« Reply #4 on: July 25, 2011, 10:31:24 PM »
It is no longer NOS because it's been painted.  It was NOS at one point.  How can he prove it's worth $1600?

Show this to the judge...made on Ford tooling...http://cgi.ebay.com/ebaymotors/67-68-MUSTANG-HOOD-W-TSIGNAL-HEAVY-GAUGE-FORD-TOOLING-/140581443605?_trksid=p4340.m185&_trkparms=algo%3DSIC.OPJS%26its%3DI%26itu%3DUA%26otn%3D10%26pmod%3D130543435835%26ps%3D63%26clkid%3D1603613610192252121
« Last Edit: July 25, 2011, 10:36:01 PM by dave6768 »

Offline bryancobb

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Re: looking for an absoute description of NOS
« Reply #5 on: July 26, 2011, 06:54:51 AM »
I am interested in this thread because I was a GA State Trooper for years and I tend to watch what happens in courts.
As an outsider without all the facts, here's the points so far, that raise my eyebrows.

You buy a Mustang Convertible and come home with a car and a hood for a truck, right? :o  OOPS!  I read again, I guess the hood is for the Mustang? 

The seller MUST not have been present when the car and hood was loaded, otherwise the tow truck driver could give a sworn statement that the seller was there and told you to load the hood and it would be over. :o

You have not mentioned a Bill of Sale.  When I buy something from an individual I insist on a B.O.S. listing ALL items.  :o

Being a prior cop neither helps nor hurts your case.  Cops are people first and behave like people.

Your statement "I have never BEEN ACCUSED OF MISCONDUCT" is an interesting way to word what I THINK you was trying to say... :o

The cop who made the decision to impound your truck must have had some information that we do not have here, because there had to be enough probable cause for him to suspect a crime had been committed.  Not just an accusation by the seller. :o

If you or the accuser can't provide the judge difinitive proof of the hood's value, the Judge will probably split the difference between what you say it's worth, and the seller says it's worth.  If THAT FIGURE exceeds $1,000 then truck stays impounded.

It's unfortunate that you find yourself in this situation.  I hope the truth prevails.
« Last Edit: July 26, 2011, 06:57:58 AM by bryancobb »
66 Metuch Conv
Nightmist, Std Blu Int
6T08C223904    76A       K         22       15c     21      6        6
                      BODY  COLOR   TRIM    DATE   DSO   AXLE  XMSN
   C/O  785                                   (rotation #)
   16    C14   6T08C223904        (weld bay 16, bucked MAR 14)

Offline Andrew@MagMustangs

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Re: looking for an absoute description of NOS
« Reply #6 on: July 26, 2011, 03:10:35 PM »
Was the Hood included with the Sale of the Mustang?

Do you have proof of this arrangement?
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Offline J_Speegle

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Re: looking for an absoute description of NOS
« Reply #7 on: July 26, 2011, 09:05:49 PM »
Don't believe there is an "looking for an absolute description of NOS" as we have discussed the subject before. There seems to be allot of personal interpretation similar to the definitions of "matching numbers" "restored" "rebuilt" ......


Some believe it applies only to parts made by and labels by the car producer while others it would mean any part producer.

Some would apply it to any part for an older vehicle by that same car producer no matter when it was produced (60's. 70's. 80's or 90's)

Some would apply the term to only parts that were produced by the car maker at the time the specific vehicle was being produced or during the next two-three years.

Unfortunately none of these seem to apply to your current situation

Jeff Speegle

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Offline stang32

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Re: looking for an absoute description of NOS
« Reply #8 on: July 27, 2011, 10:32:58 PM »
brain, yes the seller was there, he helped load the car on the flatbed, he told me to make sure i strap the hood down good as to not damage it & yes i have a sworn statement from the tow driver that says just that. I juts got the sworn affidavit form him today after 3-4 weeks of my lawyer dragging his ass.


I stated "I have never BEEN ACCUSED OF MISCONDUCT" because I know how people like to jump on these forums just to sout their negativity & wanted to put it out there thta i have never been in trouble w.the law but right away as you can read, within a few posts, someone past judgement w/out even knowing me.

I bought the car & parts from a person whom  I have known for several years(4-5) we have done business w/one another, I have sold him parts, he has sold me cars, etc.. we've met....


Offline bryancobb

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Re: looking for an absoute description of NOS
« Reply #9 on: July 28, 2011, 06:58:33 AM »
So you went to the expense of hiring a lawyer JUST TO GET YOUR TRUCK OUT OF IMPOUND which would be released anyway, when you are found innocent on the theft charge?
WoW!

I have not passed judgement, because as I said, I don't have all the facts... but somehing's just not adding up.

BACK TO YOUR ORIGINAL QUESTION...YOU WILL NOT BE ABLE TO NAIL DOWN A BLACK/WHITE DESCRIPTION OF NOS.  THE DECISION ON THAT WILL BE A JUDGEMENT CALL BASED ON EVIDENCE PRESENTED TO THE MAGISTRATE.
« Last Edit: July 28, 2011, 07:04:01 AM by bryancobb »
66 Metuch Conv
Nightmist, Std Blu Int
6T08C223904    76A       K         22       15c     21      6        6
                      BODY  COLOR   TRIM    DATE   DSO   AXLE  XMSN
   C/O  785                                   (rotation #)
   16    C14   6T08C223904        (weld bay 16, bucked MAR 14)

Offline stang32

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Re: looking for an absoute description of NOS
« Reply #10 on: July 28, 2011, 09:32:58 AM »
NO, I hired a lawyer because i am being charged w/a felony & here in ny, the ADA will not talk to you w/out a lawyer,  & in NY when you are charged w/a felony, your vehicle is seized, not impounded, they consider the vehicle an instrument of the crime, like when your convicted of  dwi, they take your car & sell it off.

 

Offline bryancobb

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Re: looking for an absoute description of NOS
« Reply #11 on: July 28, 2011, 10:31:18 AM »
I thought the US Constitution says NO CONVICTION = NO CRIME.
I also thought if you are charged with a felony, The Grand Jury must feel there's enough evidence and Indict you with a True-Bill vote or not indict you with a No-Bill vote before it even gets to the Lawyer/VS ADA stage?
« Last Edit: July 28, 2011, 10:34:36 AM by bryancobb »
66 Metuch Conv
Nightmist, Std Blu Int
6T08C223904    76A       K         22       15c     21      6        6
                      BODY  COLOR   TRIM    DATE   DSO   AXLE  XMSN
   C/O  785                                   (rotation #)
   16    C14   6T08C223904        (weld bay 16, bucked MAR 14)

Offline stang32

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Re: looking for an absoute description of NOS
« Reply #12 on: July 28, 2011, 09:50:14 PM »
not the case, they want to make the whole thing go away w/out them having to put in any effert or time on the case, they keep pushing me to take the acd & be done w/it, but that would mean paying 600 bucks for towing/storage fees, + lawyer fees + giving the bastard the hood. none of which am i wiling to do. + if  I take an acd, my position @ my job is in jeapordy.
long story, cant get into it.

so once they offer the acd & I decline, then they will attempt to indict me, if i let it go that far, there is no longer the offer for an acd. that will have past.
 
granted, i have the affidavits signed but the freakin ada wont even look @ them, its like she doesnt care what evidence i have. meanwhile she is offering no proof as to value except that it is NOS & it could be "invaluable" & she only believes it is NOS because that is what the guy told her.
no other proof

I would love to see them spend the money to bring in an obsolete parts expert just to have him say, "what, this hood? come on, its painted, i has evidence of prior rust, this is not NOS.

Offline bryancobb

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Re: looking for an absoute description of NOS
« Reply #13 on: July 28, 2011, 10:25:01 PM »
Sooo...let her ATTEMPT to indict you.  The Grand Jury will surely "No-Bill" it.  As you know, NO DEFENSE evidence can be presented to the Grand Jury, only the DA's case is presented, but the members of the Grand Jury (of your peers) don't buy the DA's bullshit.  It has to be the REAL GOODS they have on you or GAME OVER and you are off the hook. 

I have helped the DA present several cases I brought to the Grand Jury.  Those folks DRILLED ME and picked my evidence apart.  The slightest little oversight on my part and NOOOO BILLLL.
66 Metuch Conv
Nightmist, Std Blu Int
6T08C223904    76A       K         22       15c     21      6        6
                      BODY  COLOR   TRIM    DATE   DSO   AXLE  XMSN
   C/O  785                                   (rotation #)
   16    C14   6T08C223904        (weld bay 16, bucked MAR 14)

Offline jtfx6552

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Re: looking for an absoute description of NOS
« Reply #14 on: September 11, 2011, 02:07:09 PM »
I thought the US Constitution says NO CONVICTION = NO CRIME.


Wow, Bryan, yes I agree.
Seems like NY has found their way around that. Glad I don't live there.
1965 Mustang Fastback, October 29, 1964 Dearborn Build, In the family since new.