May 9, 2004
Complaint Resolution Department
National Business Opportunity Bureau, Inc.
6689 Peachtree Industrial Blvd. - Suite B
Norcross, GA 30092
RE: NBOB letter of May 6, 2004
AmeriPOS reply of May 5, 2004
Open complaint of 3/29/04 with Ameri P.O.S., INC of Hallandale, FL 33009
This letter follows up to my OPEN complaint of March 29, 2004 re: AmeriPOS failure to comply with its own contract. This complaint is not closed and NBOB is not to consider this matter resolved until I notify NBOB that AmeriPOS and I have come to terms. A final determination of this case will not be a non-reply default to a form letter.
If my letter of April 26 was read by persons at NBOB, it would have been apparent that neither Mr. Nye's response nor NBOB's form letter appropriately addresses the year long dispute.
It should be noted that for the second time the AmeriPOS President, in both his April 20 and May 5 replies, chose to respond only to cancellation mentioned in Ameri P.O.S.'s Purchase Order, paragraph 13, missing entirely and failing to address the provisions for canceling in paragraph one.
Please read the following, or my letter of April 26, and Mr. Nye's reply of May 5 and compare them.
In paragraph one of Ameri P.O.S.'s Purchase Order "TERMS AND CONDITIONS", it states, "Buyer may cancel the order by written notice delivered to the Seller prior to the shipment if the order is not delivered within forty-five (45) days of receipt of the Purchase Order and clear payment from the Buyer." As of April 24, 2003, 45 days following AmeriPOS receipt of my signed PO and cashier's check, no merchandise was received at the appropriate address nor had there been any attempts to deliver said merchandise prior to 45 day limit.
On April 25, 2003, I elected to cancel, by certified mail "written notice", my order for five Ameri P.O.S. Smart Terminals. They had had my "clear payment" of $12,980.00 since March 12, 2003 (Acknowledged by Ronald Sloan and FedEx tracking #838862560299). They refused.
Also noted in my April 26 letter, for over a year I have repeatedly attempted to cooperate directly with AmeriPOS's "secretarial service" for placement of my terminals, and subsequently their promises to relocate my terminals, and with other staff following their failure to deliver product within "45 days" and accept the cancellation of my March 10, 2003 order.
DISPUTE: The contract compliance dispute exists as to the type of days the unspecified "45 days" refers to in paragraph one of the PO. I say it is reasonable for a consumer to interpret "45 (unspecified) days" as "calendar" days.
I canceled because within those first 45 days it became crystal clear to me that AmeriPOS had misrepresented itself verbally and in its advertising, its "secretarial services", its technical support, and its earnings claims. Promises to relocate my terminals have remained unfulfilled since November of 2003.
My "defamatory remarks", so-called, mentioned in Nye's May 5 reply started after one full year of frustration and they consist of nothing more than my relating first-hand "attempting to cooperate" with AmeriPOS experiences. I will continue my efforts to warn investors until this matter is resolved.