Castle Co-Packers, LLC, Brian Dworkin Struggling college-grad hired Castle to formulate a beverage for his Startup and was swindled into paying $4,000 for an inaccurate formula and horrible service! New Kensington Pennsylvania

I contracted with Castle to formulate a formula for my startup Company in February 2013 and received horrible service, a formula different than what is stated in the contract and a failure on their part to meet the defects or resolve the problem. The process was supposed to span (at a maximum) of 8 weeks, but Karla Malone, the formulator and wife of the owner of Castle, let the process span 6 months. I have tried to remedy the situation with Brian Dworkin, the owner of Castle, via email (His phone number is strangely not available on his website) and his response was that I would have to pay extra money to have the formula 'fixed'. 

Here is the problem: I contracted with Castle to provide to me a formula; the specific type of formula is detailed in the contract; I paid Castle $4,000 + $250 in shipping costs to make a specific formula; and I received a formula not up to the specifications as per the contract; and I was blamed to be the reason for Castle's mistake, by Brain Dworkin. When I contacted him to resolve the problem, I was told that I would have to pay more money to fix the formula! This is an outrage because Castle is a large bottling Company that provides services for Coca Cola brands' like Honest Tea, trying to squeeze money out of a small startup founded by a recent college graduate in a tough economy! The mistake is theirs and I have the contract to prove it. Karla received the ingredient product data sheet detailing the specific ingredients' to be used in the beverage and she was unaware and unknowing of the fact that some of the ingredients' could not be used in the type of beverage product I requested. Clearly, this is negligence on the part of Castle and Karla Malone, and I am furious and uneasy by the way I was treated, by the way I was blamed. The bottomline is that the contract states that I was to receive a formula, and I was not provided with what I payed for, and I will not stop until this situation is resolved and corrected. Below is a letter I wrote to Brian Dworkin and sent to him via email for you to read - I have not recevied a reply as of yet. 

Dear Brian Dworkin,

 I have not heard back from you regarding my dissatisfaction of services from Castle Co-Packers LLC. I am writing as a final attempt to request a refund or a good faith effort to repair the defects of products and services provided by Castle to Elongevia Beverages LLC during the period of Feb. 2013 - Jun. 2013.   

 As you know, at your urging and requirement, I (Elongevia Beverages LLC) selected Ms. Karla Malone, (“Consultant”) as a consultant to our agreement and work.  It has been reported to me Ms. Karla Malone is married to Brian Dworkin.  Ms. Malone and Castle have failed to meet the standards of our agreement and to date your company has only provided a defective service and product.

 Under the UCC, as you likely know, you will have a right to "cure" defects and continue deliveries. To date, you have made no such efforts and simply have requested additional funds in order to continue work and make any corrections or repair to your mistakes and defects.  I’ve been advised that as the buyer, I should be entitled to a credit for damages from the defects or delay.  I remain willing to take continue to take deliveries should you cure the defects.  My sincere hope is for you to expeditiously make correction or restitution, so we can both move forward.

 I have outlined below some of the clear material defects that occurred during the course of your and Ms. Malone’s services to my company, Elongevia Beverages LLC.

 It took 6 months to complete formula.  Under the contract, it is supposed to take 11 weeks max).   During this time, consultant dodged my voicemails and messages for days, sometimes for a week or so.

• Consultant forgot to add lemon flavor to the first samples sent to Elongevia and conspicuously claimed she did it purposely to get my "read" on the tea. 
• I asked for a formula to be organic compliant and what I got was inconsistent and horrible service and a formula that cannot be labeled organic.  Your consultant is the "expert" and misrepresented her apparent knowledge of the minerals that are allowed in an organic compliant product.  As a result, I cannot use the USDA organic logo on my product because the minerals are not organic compliant, which is huge from a marketing and selling point (plus I want to make the best and healthiest possible product). 
• I was told I would be consulted regarding relevant issues of production etc. and received no such consulting; I spoke with the consultant once on the phone over a span of 6 months after calling her repeatedly. 

 On a personal note, I find it incredibly disturbing that this matter was handled so poorly by Castle.  As you know, I am a recent college graduate and young entrepreneur who as someone new to this business had hoped for better services and more honest and good faith efforts than what I received during the course of this transaction. The unilateral agreement drafted and provided to me by Castle, explicitly states that work performed by Castle will be on a best effort basis.  I think we both know this has not been the case.   Bottom-line, I provided over $4,000 + $250 in shipping of what exists of my savings, in a tough economic climate, with nothing to show for it.  I believe I was taken advantage of by a larger, and far more established company.  I clearly had hoped for better service.

I hope to hear from you within the next 30 days regarding your response so I can determine my next steps.

Sincerely,

 Mr. Vincent Porta

Owner-Operator, Elongevia Beverages LLC