False advertising, international

[mrmaintain]

What is the name of your state (only U.S. law)? Ca . A company in Europe offered a health care device sale via the internet with a contact agent in CA, The company offered to "trade in your old device" and get the newest model for a fraction of the price", I currently use the company's old version of this device but it is out dated and hardly functional. The company agreed to take payments on a new device and said when half of the total due was paid off they would ship the product. When I paid half of the total they said they would have to manufacture the product and that it would be another 5 weeks. I also use this health care device on clients and told them I would have improved sessions,however with out it delivered on time I may have lost income from potential clients. I have emailed and called them saying that I have lost income as a result of there delays and I would not make any more payments until delivery. Delivery is now about a month late. I have called and emailed the company but it seems like they are avoiding me, HELP ! What can I do?

 

[Dave1952]

When you call who answers and what happens? Surely the receptionist (not an answering machine) tries to connect you to somebody.
Has the 5 week manufacturing delay gone by? You mention a one month delay but I'm not clear on this.
Are you still making your payments?
Sorry, I don't follow the lost business. Until you had the product in hand you should not have advertised it.

Good luck

 

[mrmaintain]

Re False advertising, international

There are 2 agents involved, a Ca agent and a NC agent. The Ca Broker ( where I sent my down payment to a Nevada bank ) never answers but has returned my calls a few days later. The North Carolina Corporation ( where I send payments ) answers my calls but does not know anything and can only forward my requests to the "Home Office" in Hungary. Again the Home office did not specifically state but implied immediate delivery in July 2010 . The Five week delay is into it's second week now. I met the payment requirements on Sept 3 2010 for delivery. On 7-15-2010 they sent out an email saying there would be a 5 week delay. I have 2 final payments due at the beginning of each month; However I have contacted all parties and told them I would discontinue payments until I receive my device, am I still required to make payment even though they have not delivered as they said? I emailed the Home Office and they said they where awaiting parts for the manufacturing. Thank you for your help

 

[Dave1952]

I'm inclined to think that this is not a scam and that if you wait the 5 weeks that they warned about in July that you will get the latest model. If the 5 week delay was unacceptable you should have halted payments and asked for a refund in July.
I'm not sure if they have breached the contract since you did not raise any timely objection. If you do not continue making payments you will have breached the contract. I'd advise you to make your payments and hope for the best.
You certainly may take your contract to a lawyer and I'd bet you can sue the Ca. broker.

Good luck

 

[mrmaintain]

Re False advertising, international

Greetings, They implied immediate delivery in July, mid Sept they sent out the delay notice stating they would have to manufacture devices. What is a Timely Response? How long do I have? Even if I contact them and tell them I will discontinue payment it is a breach? I hope you are right ,one person ( one of the agents ) I heard of has already waited 8 months. Thank you

 

[mrmaintain]

Re False advertising, international

So if I breach the contract than I loose everything I paid with no recorse? Thank you

 

[Dave1952]

Look, I'm having a hard time understanding you.
You wrote "On 7-15-2010 they sent out an email saying there would be a 5 week delay." Later you wrote "They implied immediate delivery in July, mid Sept they sent out the delay notice stating they would have to manufacture devices." Which is it? Mid-July or mid-September?
Failing to make the agreed upon payments is a breach of this contract. The contract initially called for a delivery when 1/2 of the agreed upon price was paid but later this was revised with a 5 wk delay. It's not clear whether this breach of the contract was accepted by you. Did you continue to make payments after you were notified of the delay? If so then I think you accepted the revised delivery date
A local lawyer can ask you questions until he arrives at an understanding of what your problem is. You may wish to discuss your problem with a lawyer.

Good luck

 

[mrmaintain]

Re False advertising, international ?

Greetings, Thanks for your help. I received the offer and accepted in
July 2010 at that time they implied immediate delivery for those that paid in full. I opted to make payments with the agreement the shipment would occur when half was paid off. I paid half in Sept than about 3 days after they sent out a 5 week delay notice. Here is their site qxsubspace.com

 

[mrmaintain]

Re False Advertising International

It has now been about 5 weeks after the company's delay notice. In June of 2010 Maitreya Ltd offered a QXCI to SCIO upgrade deal which I accepted and have fulfilled the payment requirements for delivery of my new SCIO. Their offer as seen below: .

"Now is the time to move on to the next stage and become part of the new world! For the next month, we are offering you an incredible opportunity to help you advance and use the newest biofeedback equipment in your everyday practice. Upgrade your QXCI to the SCIO for $7,000 now and qualify for the special bonus: keep your QXCI device or send the QXCI to us, and get a 500 discount to the price below! Here is your chance to switch to the newest technology available at the best price and grow your business at the same time. This profitable opportunity is available until the 1st of August, so do not hesitate! "

Richard of Maiteya Ltd. sent out a manufacturing delay notice Sept 9 2010 stating a four to five week delay. It has now been approx five weeks and I have not heard from Richard in Hungary the parent corporation and/or the Ca broker does not return my calls or email. Please advise as how to proceed , Thank you

 

[mrmaintain]

Alls Well, Product delivered

I dont know if my compalaning had anything to do with it but sure enough the product was delivered shortly after your suggestions. And I am very happy with the product. Thank you