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fightalpha

On changing delivery dates
« on: August 19, 2014, 08:39:01 am »
 Alpha's TOS (from January) states:

Quote
Balance payment of 70% shall be collected 8-10 weeks before shipment date. The exact shipment date shall be notified on our website.

My Attack:
Alpha has posted changing shipment dates on their website, first it was posted by Alpha’s employee Fiaz that the delivery date will be July 15th - 31st, and now he is posting “September”. Once the date was initially posted, a change in delivery date was not mentioned or outlined in the Terms of Service.

Their Counter (via email):
This is not accurate, our terms specifically state: 'Remainder will need to be paid 8-10 weeks before shipment' hence we've told you when shipment will be (September) and you now know when you need to pay. Having said that as goodwill we are allowing people to wait up until shipment to pay.

My Attack:
They are side-stepping the original allegation. Their own Terms of Order state:
Quote
The exact shipment date shall be notified on our website.

And they officially listed July as that exact shipping date:
Quote
We will also be releasing a full guide on how to use the miners both with the WebGUI and without it before shipment (which will begin somewhere from the 15th-31st of July)

So, they breached their Terms of Order. Exact details here:
http://fightalpha.net/index.php?topic=10.0

« Last Edit: August 19, 2014, 10:40:53 am by jake »
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

alpha_feng

Re: On changing delivery dates
« Reply #1 on: August 19, 2014, 08:25:20 pm »
My points are: they notified us to pay the final payment for the assembly and shipment in May 22 and would deliver the product no later than the end of July. Thus, from May 22 to the end of July, the process prior to the assembly and shipment had been fine.
But, their July 28 announcement said the tapeout was failed. That is, their May 22's announcement is a deceptive marketing strategy aiming to collect our final payment.

Also, your attack is right. Our contract does not authorize the seller to change the delivery date after their notice of collecting final payment.

fightalpha

Re: On changing delivery dates
« Reply #2 on: August 21, 2014, 07:52:01 pm »
My points are: they notified us to pay the final payment for the assembly and shipment in May 22 and would deliver the product no later than the end of July. Thus, from May 22 to the end of July, the process prior to the assembly and shipment had been fine.
But, their July 28 announcement said the tapeout was failed. That is, their May 22's announcement is a deceptive marketing strategy aiming to collect our final payment.

Also, your attack is right. Our contract does not authorize the seller to change the delivery date after their notice of collecting final payment.

Excellent. I've uploaded a reply from Fiaz that may be of help to you. Please, start another thread with more details your specific attack/response with alpha?

« Last Edit: August 21, 2014, 07:54:54 pm by fightalpha »
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

alpha_feng

Re: On changing delivery dates
« Reply #3 on: August 23, 2014, 06:18:05 pm »
Thank you for supporting this piece of argument against them and for providing Fiaz's post on this issue. Hopefully, we can get more from their explanation to build a strong case. I will share details with all of us in another post or thread. It is true that they deceived us to pay the final payment despite they actually knew it would not be possible to deliver in July.