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.
4) 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.