Well after many emails and voicemails, its clear the guy is blowing me off. Ill file a small claims case and see what happens, can't hurt. Worst case scenario is im stuck with a broken frame and ill replace it with a nashbar. $120 lesson learned which is a PITA, but life goes on.

Question about the fork though. I don't know the bike was crashed, but the crack indicates it could have been....how do i tell if the fork is safe to ride on? It feels stiff and has no play what so ever, nor does it have any cracks or blemishes. It has an alloy crown with a chromo steerer, im assuming the dropouts are alloy too (they're not carbon). From what i can tell, the tiny smooth ridge parrallel with the brake pads indicates where the carbon stops and the alloy crown begins, does that sound about right?

I guess im wondering if theres a definitive way to know if the fork is safe to ride or not. As usual, i defer to the mob. Thanks for any advice, and i appreciate the input so far.