bwpd
Minden,#2REBUTTAL Owner of company
Tue, February 05, 2013
In reference to Jay Gillen and Reddi-Walk LLC 5921 Mendez New Orleans, LA 70126, Mr. Jay Gillen contacted us in November of 2009 and represented himself as the owner of a rental company that also drove piling. Mr. Gillen also expressed an interest in acquiring rights as a distributor of our pile driving hammers where he could sell and rent our hammers through his company.
In reliance on Mr. Gillens representations, we agreed to sell Mr. Gillen of Reddi-Walk LLC a hammer at a discount of $3,000.00. We manufactured a pile driving hammer for Mr. Gillen and delivered it to him in south Louisiana. After delivery, we never heard anything further from Mr. Gillen regarding his satisfaction with the hammer or with respect to his desire to become a distributor. We called on two separate occasions to discuss recording a marketing video of Mr. Gillens hammer in use and were told both times that Mr. Gillen had never mounted the hammer on his excavator and had never used it. It became apparent that Mr. Gillen never intended to distribute our hammers but only made such representations to motivate us to sell him a hammer at a discount.
Approximately one and a half years later, Mr. Gillen contacted us, again, inquiring about having the company mount the hammer on the arm of an excavator with a separate power pack including hard wired controls to be customized by our company. We agreed to perform the services for Mr. Gillen at a cost of $18,000. We picked-up the hammer and a deposit of $9,000 (not $10,000 as represented by Mr. Gillen).
Once the work and machining on the hammer and assembly of the power pack was completed, Mr. Gillen refused to pay the bill and pick up the customized equipment. Even after offering Mr. Gillen a significant discount off the agreed upon price, Mr. Gillen declined to pay the bill and pick up the equipment. We have remained in lawful possession of the equipment pursuant to a valid and enforceable repairmans privilege awaiting payment.
The balance of Mr. Gillens statements are simply untrue and not worthy of a response.
We welcome the opportunity to service your marine barge and pile driving needs. These hammers have been in use for over 10 years and have been tested by Engineers in numerous states and on numerous projects. If you are interested in purchasing the custom hammer referenced in this posting or would like to hear about what our experienced company can do for you, please give us a call at 888-448-4240