Marconi is possibly bankrupting me

[fluff]

If anyone has any contact with Chuck , please ask him to contact me

I don't want to have to get legal , but I am going to have to if he continues to ignore my problem.

This now very serious , and looks like I will be sued for breach of contract.

I have no money to replace this diode, even if I could find one. An equivalent would be upwards of $20,000.00US

HELP

[gottaluvlasers]

fluff-

is he in the U.S. or UK??

[Pitts]

He is (was) in the Orlando Florida area.

I did suggest to Fluff in a PM that he contact one of the local guys down there to go and see Marconi.. don't know if he did that or not.

Cheers

Ray

[Stuka]

He is, or was, USA, in Florida.
Maybe some of the Florida folks could get hold of him and get this ironed out before it gets any more serious.

Man, I hate to see things degrade to this.

Sorry you're having to go through this, Fluff....

Randy

[fluff]

Thanks guys

but it looks like its too late .

[gottaluvlasers]

florida huh?? whats his full name and comany info? you can PM me if you want with it. i may be able to have anattorney help a little. (free).

-Marc

[bridge]

Hi Fluff,
I am sorry to hear that, what power lasers you want, if there any help we can do it for you, just tell me or Rob, we will try our best to do it for you.
Hi Marc,
If you can go and visit Marconi, maybe you can talk with Marconi about the blue lasers for test, and look there is any chance take it as you are our agent there. as all of you know, Marconi promised tell us the test result, but I am sorry to say, all of us no news for long, long time.
Best regards!
Bridge

[gottaluvlasers]

this guy is REALLY screwin some people over huh??

Bridge, i dont think ill be able to go there. he is about 1000 miles away. lol. i CAN possible get an attorney to contact him though. i know it will be hard for fluff (sorry man i dont know your name) to get a lot done being he is across the pond.

-Marc

[thesk8nmidget]

damn! this is just so lame! im really sorry to hear this!

[White-Light]

Fluff just some suggestions, I apologise if I'm covering any old ground here:

1. Have you enquired about hiring a laser to let you complete the show (even if it means you make no profit on it)? Might be better to write a show off as a loss and do it if thats possible, and thus save your wider reputation than face a breach of contract option.

2. Have you contacted a Solicitor and explored the possibility that the contract is void for frustration? (The contract is for the use of a thing that is effectively no longer in existence due to effectively theft).

3. Consult a solicitor before sending documentation, but have you explained the situation fully to the company you're contracted to and sent them copies of documentation showing that you shipped the laser to the USA for repairs easily in time for the show but that it was never returned, the repairer is uncontactable and now is effectively stolen? Have you explained that the laser is effectively irreplaceable and that you are unable to hire a replacement as no-one hires them at that power level thus making performance of the contract impossible? See also comments on a Crime Reference number below.

4. Have you explored the possibility of an insurance claim for theft of the laser.

I'm presuming you have your equipment insured either under a specialist policy or under an addenundum to your house / business policy. After all this time, you could report the matter to the police as a theft, obtain a crime reference number then file an insurance claim. A crime reference number might also be useful in staving off a breach of contract action as you can then prove thats it stolen.

On "unauthorised appropriation" - check the Theft Act http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1968/cukpga_19680060_en_1 4(note this has been amended in some areas since enactment) if you're unsure of what I'm talking about wording wise (its one of things you have to prove), but I'm sure there will be some case law somewhere covering these exact circumstances as it can't be the 1st time something has been sent for repair then never returned. I'd be very surprised if authorised appropriation isn't limited in these circumstances by some implied condition concerning the scope of the duration and purpose of the loan and that once that is exceeded, the appropriation becomes unauthorised and effectively theft, and that there isn't case law to support the exact circumstances of when those boundaries are exceeded. Note the Theft Act has specific wording on this also. You'd need to consult a criminal lawyer here possibly.

The Theft Act 1968 in S. 3 (1) itself says: "Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner."

If going to the police I suggest you print the Act and highlight section 3 (1) and take it with you. They often don't want to get involved and you might need to push the point that this is effectively a theft under the Act as its nearly a year (?) and the guy is refusing all contact. Also explain you need a crime reference number for the insurance company as this may help pursuade them!

As for Chuck, it would be unfortunate if he became the subject of a cross border criminal investigation, but I guess thats something for him to worry about and not you. Its not your fault in these circumstances.

Just some suggestions.