William C. Tufts, President; Orange TKO Industries (Int'l.) Inc. Breach of Promise to deliver product as agreeded. Request of immediate refund has ignored. Over 30 days pending. Las Vegas Nevada, Calgary Alberta
As of this date, March 16, 2008, Mr. Sevens has not received a call from William C. "Bill" Tufts nor has he received refund of the $4040.00 as requested 3xs previously via voice mail, email and as conveyed to Lona Larter and Jerry Brown in previous phone conversations.
First conference call with Bill Tufts was on January 31, 2008 and second conference call was on Saturday, February 2nd, 2008. Mr. Tufts requested check to be made out for $4040.00 to cover extra postage. Check No. 302 was mailed on Feb 4th, 2008 and received on Feb 6th. Mr. Bill Tufts received the check on Wednesday, Feb 6th, cashed it, the check cleared Wells Fargo Bank in Las Vegas on the 8th and was posted on Feb 11th to Mr. Sevens bank, Crystal River Bank. Mr. Tufts was to begin processing order after Feb 2nd conference call and ship from Las Vegas by the 8th (to save on shipping cost) before leaving for expo in California . This did not happen and Mr. Sevens was not contacted of this delayed shipment until Feb 12th via email from Lona Larter.
Because of this delay, the window of opportunity to recover the $4040 within 30 days was lost and Mr. Sevens cancelled the order effective immediately and requested full refund.
Refund request still pending as of March 16, 2008.
cc: c:\legal\orange_tko_dispute
Whatwasithinking
Lecanto, Florida
U.S.A.
4 Updates & Rebuttals
Whatwasithinking
Lecanto,Florida,
U.S.A.
Settlement of Claim
#5Author of original report
Sat, November 22, 2008
This is to advise that a settlement of claim has been reached between
Orange TKO Industries (Int'l) Inc. and Doug Sevens for a failed purchase
order of product,delivered by Doug Sevens to Orange TKO Industries (Int'l), Inc.
The funds for this failed purchase order have been returned to Doug
Sevens and Orange TKO has agreed to waive any right or cause of
action or any damages which Orange TKO incurred in fulfilling and
preparing this order for delivery to Doug Sevens.
In addition,it is agreed and understood by the parties that the
President of Orange TKO,William C. Tufts, was at all times acting in
his capacity as President,and not in any personal capacity,and has incurred no liability to either party for the same.
It is understood that this matter has been settled and there is no
animosity between the parties.
Whatwasithinking
Lecanto,Florida,
U.S.A.
ORANGE TKO INDUSTRIES INTERNATIONAL William C. "Bill" Tufts
#5Author of original report
Fri, November 21, 2008
A settlement has been made between "Bill" Tufts President of Orange
TKO and Doug Sevens all monies have been paid in full.
President Bill
Las Vegas,Nevada,
U.S.A.
Rebuttal to Doug from William Tufts, President, Orange TKO Industries (Int'l), Inc.
#5REBUTTAL Owner of company
Fri, May 30, 2008
Doug made an order to Orange TKO for product, requesting post-haste delivery. Our company is not small, and we have a delivery system in place. Because of his request for expedited delivery, I circumvented the system to try to accommodate his request. After having the product procured, cartaged and ready for delivery, Doug cancelled the order. Management of Orange TKO requested that I secure reasonable funds to compensate for breaking down the shipment, and entering it back into inventory. This cost compensation to the company was caused by Mr. Sevens' cancellation. The fee is very nominal and in the custom of doing business, is known as a 'restocking fee'. At the request of a credible business partner, Orange TKO agreed to waive any restocking fees to Doug Sevens.
In the process of clearing up this business and making a good-faith deposit to Doug, which he cashed, Orange TKO found that he had not only defamed the company, but myself personally, as President. On behalf of Orange TKO, I stated implicitly that upon his apology and removal of the defamation claim, the balance of the funds that he paid for the sale that he aborted would be refunded without any damage claims by Orange TKO.
A call was made to myself from a person who represented himself to be Doug Sevens' attorney. I question whether the caller really was an attorney, as he did not leave any address or even a phone number to which I could respond. Unfortunately, several requests to Mr. Sevens for him to provide the contact information for his attorney have been unanswered. As an attorney myself, talking to another attorney, I'm sure this matter could have been resolved very expediently.
As President of Orange TKO, and for the protection of Orange TKO, I must demand from Doug Sevens once again a retraction of the dafamation claim, and we will complete the refund on this aborted sale. Also, I must advise Mr. Sevens that any further defamation by Doug Sevens will be accountable at law.
President Bill
Las Vegas,Nevada,
U.S.A.
Rebuttal to Mr. S by William Tufts, President - Orange TKO Industries (Int'l), Inc.
#5REBUTTAL Owner of company
Wed, May 21, 2008
Doug made an order to Orange TKO for product, requesting post-haste delivery. Our company is not small, and we have a delivery system in place. Because of his request for expedited delivery, I circumvented the system to try to accommodate his request. After having the product procured, cartaged, and ready for delivery, Doug cancelled the order. Management of Orange TKO requested that I secure reasonable funds to compensate for breaking down the shipment and entering back into inventory. This cost compensation to the company was caused by Mr. S' cancellation. The fee is very nominal and in the custom of doing business, is known as a "restocking fee". At the request of a credible business partner, Orange TKO agreed to waive any restocking fees to Doug.
In the process of clearing up this business and making a good-faith deposit to Doug, which he cashed, Orange TKO found that he had not only defamed the company, but myself personally, as President. On behalf of Orange TKO, I stated implicitly that upon his apology and removal of the defamation claim, the balance of the funds that he paid for the sale that he aborted would be refunded without any damage claims by Orange TKO.
A call was made to myself from a person who represented himself to be Mr. S attorney. I question whether the caller really was an attorney, as he did not leave any address or even a phone number to which I could respond. Unfortunately, many requests to Mr. S for the contact information of his attorney have been unanswered. As an attorney myself, talking to another attorney, I'm sure this matter could have been resolved very expediently.
As President of Orange TKO, and for the protection of Orange TKO, I must demand from Doug once again a retraction of the defamation claims, and we will complete the refund on this aborted sale. Also, I must advise Mr. S that any further defamation by Mr. S will be accountable at law.