• Report: #676677

Complaint Review: Absolutely New, Inc.

  • Submitted: Wed, December 29, 2010
  • Updated: Tue, March 13, 2012

  • Reported By: Cammie44 — Chicago Illinois USA
Absolutely New, Inc.
650 Townsend St. Ste 475 San Francisco, California United States of America

Absolutely New, Inc. IP&R Amazing Innovations Breach of Contract San Francisco, California

*Consumer Comment: CONGRATULATIONS PETER

*Consumer Comment: RETRACTION OF PREVIOUS POSTS

*Consumer Comment: Shortening

*Consumer Comment: ABSOLUTELY SCREWED

*Consumer Comment: WE WERE RIPPED OFF AS WELL - DISTURBING PATTERN HERE FOR THIS COMPANY

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The first year signing with Absolutely New, I was told they would be attending trade shows and representing my invention at each trade show. Because Absolutely New was negligent and lax in doing their job of getting the product page and CD done in a timely fashion, my invention ws not represented in the 2008 International Housewares Show at McCormick Place in Chicago. I was at the show, visited the booth. This year, I was the 2009 International Housewares Show, and visited Absolutely New booth (L22338). I met with Jeremy Milk, Director, Marketing Communications. I introduced myself, told him I had been with Absolutely New since January 2008, and described my invention. He was puzzled, had never heard of me, or of my intention. I mentioned Ken Wong, whom he had never heard of. He said he came on board last year, and had heard of Serena Soo. Everything Absolutely New promised they would do, never materialized. They did not represent me at Trade shows in 2008, because they did not get their part of the job done, and this year they did not represent me. I was told by Serena Soo, that I would have someone working on behalf of my invention at the 2009 Trade Show. That was not the case. I recently reviewed my signed contract with Absolutely New, signed by me on January 7, 2008, signed by Dave Stickel on January 4, 2008, and approved by an executive John Ruegl (?) signed January 4, 2008. The contract states Absolutely New was to deliver to me the design rendering within 60 days, which they did not do, and they were to get the remaineder of the product design within 90 days, including the CD-ROM. I dd not received the CD, until July 2008, so they violated the contract and prevented me from any representation at any Trade Shows as they agreed.


This report was posted on Ripoff Report on 12/29/2010 09:04 PM and is a permanent record located here: http://www.ripoffreport.com/r/Absolutely-New-Inc/San-Francisco-California-94103/Absolutely-New-Inc-IPR-Amazing-Innovations-Breach-of-Contract-San-Francisco-Californ-676677. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 5Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

CONGRATULATIONS PETER

AUTHOR: Couldn''t stay quiet - (USA)

WELL IF ANY OF YOU HAVE BEEN FOLLOWING THIS STORY, YOU CAN PUT TWO AND TWO TOGETHER,
AND REALIZE PETER MUST HAVE GOTTEN HIS MONEY BACK!  IM GLAD YOU WERE ABLE TO SETTLE YOUR DIFFERENCES!  

CONGRATULATIONS!
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#2 Consumer Comment

RETRACTION OF PREVIOUS POSTS

AUTHOR: Peter - (United States of America)

Although AbsolutelyNew disagreed with my earlier posts; we were able to work out our differences. I am now satisfied with AbsolutelyNew's resolution of my invention project so that I would retract my earlier posts if this site allowed me to do so.
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#3 Consumer Comment

Shortening

AUTHOR: Peter - (United States of America)

AbsolutelyNew and I have reached an agreement to settle our differences pursuant to which I am shortening my original post.
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#4 Consumer Comment

ABSOLUTELY SCREWED

AUTHOR: Couldn''t stay quiet - (USA)

My name is Steve

This company screwed me and many people I know.  I am tired of writing complaints on line but am offering you my phone number. 818-445-1746   If this company has screwed you or you are considering a contract with them give me a call first.  I will point you in the right direction to get the information you need before making your decision as to how you will proceed.


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#5 Consumer Comment

WE WERE RIPPED OFF AS WELL - DISTURBING PATTERN HERE FOR THIS COMPANY

AUTHOR: Peter - (United States of America)

Filed against : 
AbsolutelyNew, Inc.
650 Townsend St Ste 475 
San Francisco CA 94103-6225

Complaint Description:
We are requesting a full refund of our contract "fees". This request is based on the fact that Absolutely New has breached our contract. Specifically, Absolutely New has failed to comply with our agreement with regard to the following sections of our contract: 1) Absolutely New breached our contract according to the Marketing Agreement signed and dated November 30, 2010. Section 3 (sub-section 3.2 titled Installment Terms) is an agreement that requires my partner and I to execute a separate agreement allowing ANI to automatically withdraw the payment on the specified due date from a credit card or checking account over which the client has control ANI did not offer or require us to sign a separate agreement to pay our fees. 2) "Schedule 1 - Services" (Item #4): We were not given a virtual model within 45 days. We have not been given a virtual model as of the end of the contract. Not making the model available, as part of the package that was sent to the potential acquirers was seriously detrimental to the success of acquiring a licensing agreement. This is a direct material breach of contract. Our concept sheet was not completed until mid February 2011 this is a breach of the contract limitations. Our assigned Product Manager Christina Lett left the employment of Absolutely New, and delayed the final concept sheet. While Christina was our lead contact she ignored several calls, messages, and requests. In addition, Absolutely New made errors by disregarding changes to the concept sheet that we put in writing. ANI simply overlooked our editing changes; this further delayed the project. Serena Soo took over as our lead contact. We asked her to make changes to the concept sheet and we received resistance. We brought this to the attention of ANIs legal counsel, and we were given an emphatic apology for their oversight and mistakes. 3) "Schedule 1 - Services" (Item #5, #6, #7): In this schedule it states, "...ANI shall perform the following Marketing Tasks beginning forty five (45) days after the Effective Date... We were told several times by Absolutely New that they would be attending "...several trade shows on our behalf... and would specifically represent our invention at these shows. As of this day, we have received no written reports that confirm our invention was represented at ANY trade show. The only confirmation that Absolutely New has attended any trade show on our behalf are verbal comments from Absolutely New staff stating they represented our product at one trade show; the "PGA trade show". We explained to ANI during several phone conversations, and in face-to-face meetings that the "PGA" trade show was not an appropriate venue for our invention. ANI agreed, and said that they would be attending several other trade shows on our behalf, however this has not occurred. In your email today you cited two additional breaches that we did not note in previous emails. The first quarterly report we received was in May - this delivery was untimely, and is a breach of our contract. At your own admission, we have not received the second quarterly report as of the drafting of this email. This is an additional breach of contract. Our contract ended June 1, 2011, therefore; ANI breached our contract by not supplying our report.

Your Desired Resolution:
We feel the breaches of contract noted above are sufficient to warrant a refund of our fees. We are open to any meaningful discussion that will enable us to reach a reasonable and fair resolution to this matter. 
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