it just keeps getting better.

Two weeks later, we received this letter in the mail (names and numbers blacked out for liability reasons):

Re: Order #1640

Dear Al,

     This letter is to inform you that we have taken measures to ensure that the above-referenced order is delivered to you in a timely and satisfactory manner.  Unhappily, we also must advise you that we have become engaged in litigation with one of our manufacturers, XXX, which has caused the delay in completing your order.

     Following a pattern of what we believe to be predatory and illegal business practices by XXX, we now learn that XXX has interfered with our agreement, made false and damaging statements about us, and has wrongfully contracted with you directly.

     We have also learned that XXX is wrongfully retaining possession of masters and/or artwork as a form of extortion against us, in a manner which injures our business and reputation, and may also injure yours.  As indicated, we are taking legal action which we hope will compel XXX to return your property as quickly as possible.

     With respect to your deposit of $XXX.00 against the total price of your order, although our attorneys have advised us that legal authority would support us in retaining the amount pending resolution of the litigation with XXX, we have decided to refund your money in order to attempt to restore good business relations with you.  Upon receipt of proof of delivery of your order from XXX we will refund your deposit in full.

     Nothing contained in this letter (including, but not limited to, refunding your deposit) shall be construed as waiving or limiting, in any way, our rights and remedies, at law or in equity, each of which is expressly reserved.  Moreover, the statements made in this letter are absolutely privileged pursuant to California Civil Code S47(b).

     You have been a highly valuable client to us and we hope we can continue to do business with you in the future.

     Please contact us as soon as possible with any questions or comments and to inform us of the status of your orders.

     Thank you for your understanding and cooperation.

Briefly – very briefly – we considered taking the check from Way To Go! and depositing it, then letting them slug it out with the replicator.  That would have meant that nurture would have been produced for free, and Flying Suit for half price.  Ultimately, though, we decided that would invite bad karma, and it was uncool anyway, and so we didn’t pursue it.

So we just never accepted their phone calls or letters again.  I figured we dodged a bullet, let’s keep it dodged.

~ by Al on May 9, 2009.

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