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Alpha-Oops

Alpha's Defense on my Case
« on: April 01, 2015, 01:52:33 am »


Defence and Counterclaim


Claim number

B1QZ490P


Claimant




Defendant

Alpha Technology (INT) LTD


 


How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.


 


Do you dispute this claim because you have already paid it?

No, for other reasons.


 


Defence


There were express terms of the contract between the parties (the
Contract), inter alia, as follows:-

-(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;

- 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;

-That shipping dates (and other general updates) would be notified
on our client's website (and as they have been subsequently at
regular intervals).

Whilst progress in the manufacture of our devices has been slower
than anticipated due to technical issues outside of our control,
we have proposed (and which customers have accepted) various
enhancements to the final specifications of the devices as a
result (including an increase in 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.

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.

Our original terms and conditions (contract) which the customers
accepted can be found at this link:
https://alpha-t.net/wp-content/uploads/2015/03/TCs.pdf


 


Signed

I am the Defendant - I believe that the facts stated in this form are true


M.Akram


Managing Director


27/03/2015




 


 


Address to which notices about this claim can be sent to you


Manchester Business Park


3000 Aviator Way


Manchester


M22 5TG


 

fightalpha

Re: Alpha's Defense on my Case
« Reply #1 on: April 01, 2015, 06:29:21 am »
Hah! Wording straight from the TOS that they linked to invalidates their defense:

"Booked Shipments *will be delivered* within Q2/Q3 of 2014"

Awesome. I suggest you apply for a summary judgement.
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0