Greg Walker, owner of the company contracted to purchase used IT equipment from my company. All products were delivered and and a payment plan of 3 payments were agreed upon. $2,500 down upon delivery and two $2,000 payments issued 30 and 60 days therafter. Secondary payment was delayed over 60 days after numerous attempts to collect. Final payment was never received. Greg sent a letter over 90 days after delivery of goods informing of equipment not delivered and not in working condition. See my last respponce to his claims that he has not responded to:
May 23, 2011
I received your letter you sent to my attorney Todd Fodiman and have tried to call you directly to resolve this.
Since I have left numerous messages and have not had a any returned calls I will respond via this email.
I must first correct all the erroneous information on your letter:
1. [continued below]....
..... Dynamix has never requested any equipment to be delivered. Please see all written correspondence in the email stream below. Since the transaction was made in February all items were delivered except for the KVM keyboard. As per the numerous emails below it was available for you to dismantle from our rack and pick at any time. I can also supply notarized statements from every employee in my company that they have never received a phone call or email from anyone at Dynamix regarding any deliveries or broken equipment. On the contrary we have proof of numerous attempts to make contact with Dyanmix and never got a response.
2. After the initial payment and delivery of all equipment, no contact was made by Dynamix regarding any equipment not functioning. Your letter dated May 13th is the first time we are made aware of the equipment not functioning. That is more than 75 days after delivery. This is not acceptable to claim damage after it has been in your possession for so long.
3. You were over 30 days late on the second payment and never claimed any damaged equipment prior to that payment. You also avoided many of our attempts to contact you in regards to this payment. This indicates your intent to avoid fulfilling your obligations of our contract.
4. My brother was the person who met you at Colohouse and delivered all the goods to you except for the KVM and Dell laptop. He can also provide a notarized statement that you both checked off every item on the list and all was accounted for.
5. The exhibit A in your letter identifies the total asking price for all the equipment which totals $17,400.00. Dynamix did not pay this price for the equipment. The final agreed upon price was $6,500 for all the items which calculates to $0.37 to the dollar for each unit price. The KVM that was not picked up listed for $850 but was sold for $314.50. It is absurd you are requesting credit for full price amounts for each unit when you actually paid a much lower price.
The balance due is $2,000, less the credit for the KVM not picked up (which I assume you do not want anymore) leaves an outstanding balance of $1,685.50 .
I will continue to pursue this in small claims court regardless of the cost. It is the principle in the matter and I know I will win after all the facts are shown. You written emails below are enough to show proof that your claims are false. Also, I agreed to sell you this equipment way below their value - (you practically already stole these units already) and refusing to pay the measly balance that you owe for all the value you received is totally unacceptable.
Please resolve this immediately.