Hi Gents,
Just got reply from my local county court and date for the hearing on 7 Aug 2015. Hearing fee of £80. At the same time this morning I got email from Alpha Tech, that Mohammed Akram writing to inform the court will not be possible to attend this hearing. He also attached his witness statement report. Please see below
Could you please advice me what to do next. Possible to take the mediation service without to attending the hearing. Thank you for you support.
Possible you guys had done this please give me some highlights. Much appreciated. Cheers.
WITNESS STATEMENT
1. I, Mohammed Akram, of 3000 Aviator Way, Manchester, M22 5TG. Director of Alpha Technology (INT)
LTD , on behalf of the defendant in this claim. The facts in this statement come from my personal
knowledge.
2. There were express terms of the contract (see below 'EXHIBIT A') between the parties ("the Contract"),
inter alia, as follows:
3. (Under the heading “Cancellation & Refund Policy") That deposits would be refunded on a sliding scale
such that cancellation after 5 months from receipt of payment conferred no entitlement to any refund.
4. That the Scrypt Miner devices which formed the subject matter of the Contract were being designed and
manufactured using funds gathered as part of a pre-funding project, that the devices were not in stock, and
that shipping was expected to take a minimum of six months.
5. That shipping dates (and other general updates) would be notified on our website (and as they have been
subsequently at regular intervals).
6. Whilst progress in the manufacturing of our devices has been slower than anticipated due to technical
issues outside of our control, we have proposed (which customers have accepted) various enhancements to
the final specifications of the devices as a result (including a 10 times increase of the hash rate). We have
not cancelled production of the devices and shipping is still scheduled to occur, and it has always been
made clear to our customers that such is the case.
7. There was and is no contractual basis for the customer's "rescission" (termination) of its order. As was
clear from the terms of the Contract, the estimated time for shipment to occur was not a condition of the
Contract. Please understand we are doing our very best to get the devices delivered as soon as possible.
8. I believe that the facts stated in this witness statement are true.