mpoznak
boca raton,#2REBUTTAL Owner of company
Mon, October 29, 2012
This is typical rep/broker response. I have all the emails between buyer & myself, AP & myself, owner & myself. The rep/broker has zero regard & concern for the costs, time, & profits on this, or on the agreement that we made. There was also zero concern from his part when the agreed upon payment terms of the deal were changed by the buyer from prepay to payment terms. The rep/broker was made aware of this, yet did nothing to intervene. Also the rep/broker lists his name as Jay when in fact his true name is Jared.
Jay
Manalapan,#3Author of original report
Thu, October 25, 2012
The response to this thread is quite ridiculous and is 100% without merit. This is a clear cut case of the "Check is in the mail". Mr. Poznak responds 5 months later? Obviously he has no business doing business in any capacity of any industry. He is a deadbeat that never paid his obligation and he knows that. 56 phone calls and emails went unanswered and he knows this.
At this juncture Marc Poznak must have a future deal in the works and is looking to clean the air. There is only one way to succeed and that is to pay your obligation.
According to his response none of his allegations are substantiated with regards to our deal.
mp
boca raton,#4REBUTTAL Owner of company
Thu, October 25, 2012
The rep did not broker the deal, rather made an introduction. For that, we agreed to 20% of the profit on the order. Here is the events with timeline on all that occurred. The deal was presented to me with a $3.00 per pc budget & customer will prepay prior to shipping.
1. 12/1/11- I emailed jpegs to buyer & overnighted samples
2. 12/2/11- Left buyer voice message. Buyer emailed they recvd samples & will finalize order
3. 12/7/11- Left buyer voice messages. Buyer emailed that she will send order tomorrow
4. 12/8/11- no response from buyer to email or voice messages regarding promised order
5. 12/15/11- email from buyer stating that they are not going forward with order as they did not like product
6. 12/15/11- Phone conversation with buyer telling her that these styles reflected product for the $3.00 price budget. I told her that we had other & better available but not at that price. She asked me for jpegs & after receiving the email, asked me to send her all the samples via overnight priority because she wanted to get this project done prior to her leaving for holiday. I sent samples overnight priority.
7. 12/19/11- The buyer finally got back to me stating that she will finalize once she returned from holiday break. I told her I understood, but asked why then did you have me ship overnight priority?
8. 12/29/11- I emailed buyer asking about order & she emailed back the list of styles they wanted & also how they should pay. I asked them to pay via wire transfer & she said they could only pay by credit card or check.
9. 12/30/11- I received email from buyer asking how long after payment until they receive. I responded that I would ship within 1-2 days & freight would be 3 days. They asked again about payment & said they preferred credit card.
10. 1/3/12- I sent in proforma invoice & then they changed the terms & stated they would not prepay. I should have just canceled the order at that point, but I turned it over to factor who approved the account with net 15 day terms. The buyer accepted. The factor funded 70% of the invoice which included the freight charges. The difference was the profit minus the factor fee's. The factor charges 3% each 15 days. The bill was due on 1/20/12. I called the rep & gave him update & told him as soon as payment is received, I will pay him the 20% on the profit.
11. 1/10/12- I called & emailed buyer making sure that she received the product & all was ok. She never responded
12. 1/30/12- I called accounts payable & was directed to the AP person in charge of my account & he claimed he never received invoice. I immediately emailed him & he said payment will go out next week.
13. 2/6/12- I never received update or payment from AP & after many attempts over the next weeks I finally had a response that it was on the desk for processing
14. 2/27/12- I emailed the owner detailing the full history & did not get a response. I finally called the rep who had been calling asking about his payment. I gave him details & asked him to contact owner. I received email from rep which forwarded email from owner to him apologizing to me for the lack of communication, & they were happy with product & looking forward to ordering again. Check will go out next week.
Payment was finally received 2 weeks later, over days past due. I paid for samples twice, overnighted samples as requested twice, priced at prepay prices, not dating price. Was told on multiple occasions that they will prepay & agreed to prepay via credit card. They changed the terms after receiving the proforma invoice. I still honored the prices quoted. Absorbed 60 plus days of factor fee's, & spent an inordinate amount of time from start to finish. The so called rep/ made an initial introduction, & sent an email at very end. I still paid him his 20% of the profits.
he didn't want to here about or understand all that went on with this, & all the added costs. He kept hounding me for more money. I told him that there is no more on this order, but I have other opportunities available. We agreed to structure our relationship going forward where I would send him the samples, he would be the vendor for his customer. He would pay me & invoice customer. I sent him details on 2 new name branded opportunities which he expressed interest in, answered all his followup questions, then when it became time to execute, he started up again about additional money from the initial order. That is when I decided to stop dealing with him.
David Allen
Vancouver,#5Consumer Suggestion
Wed, May 16, 2012
Good afternoon Jay, I can assist your company in collecting the commission that is rightfully owed to you from Marc Poznak at Drumzz Products. "Google" RTS Financial Group, LLC in Vancouver, WA for all of my contact information. Ask for David Allen and best regards...