Posted on 18-Feb-2003 11:21 GMT by Senex | 50 comments View flat View list |
At the Melbourne Amiga User Group (MAUG) there's a poll who would buy Umilator (Bernie's Amithlon-successor) for upto 99 Australian Dollars if it would be available.
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Umilator poll : Comment 37 of 50 | ANN.lu |
Posted by Bernd Meyer on 19-Feb-2003 13:50 GMT | In reply to Comment 20 (VMC Harald Frank): And just in case there are any doubts:> The contract Mr. Meyer has signed is still valid and was> *never* legally terminated by Mr. Meyer.*That* is patently untrue. I gave notice of a perceived breach of contract, in writing. I gave 30 days to rectify, as contractually required. Then I even gave a few more days. Nothing was rectified. So I terminated the contract, for breach, in writing, in exact accordance with the contract terms.And while Mr. Frank's world view apparently doesn't allow the intrusion of such unpleasant facts, Mr. Haage himself is much less confused about what happened --- in the letter he sent me in late April 2002, he was explicitly wondering about "the real reason for the [contract] termination" (in German "...fragen wir uns nach dem eigentlichen Grund Ihrer Kuendigung"). So Mr. Frank, if you want to maintain that the contract was never terminated, you might want to ask Mr. Haage why he acknowledged, roughly 10 months ago, that it was.> do such today, he cant do that because of there is absolut> no legal ground for him to base such on.Interesting point of view, Mr. Frank. I wonder --- how many of the sales reports due (if the contract were still valid, that is, as you claim) did *you* receive by the (contractual) due dates? What percentage would *you* consider sufficient to be "compliant"? Is 10% enough? 25%? 50%? And of all the sales reports you have received, how many added up? And how many *didn't* add up? How many different ways can a *distributor* get simple additions wrong in sales reports before *you* would say they are not doing their job?Have *you*, Mr. Frank, ever requested information about the use H&P have put the free sample copies to? If so, have you ever received an answer? For that matter, has H&P ever taken delivery, as defined in clause 4.1 of our contract, of the parts you provided them with? Or, failing that, explained why they are selling a product they haven't taken delivery of? Oh, and have *you*, Mr. Frank, recently noticed the slightest hint of marketing? If so, feel free to share pointers. If not --- well, have a read of 5.4.1 of the contract you claim was never terminated. |
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