JC Morris offers a discount alright - only 30% back on your money. See below letter from March 25, 2002 that has been posted on the internet at
http://www.mediasnob.com/yoy/archive...2002_03_24.php
(for additional info see
http://www.fatwallet.com/forums/mess...threadid=53925 )
What an ordeal.
Here's the latest email from JC Morris, the company I paid $800 to in November in return for an iBook they never sent me. Now they're reneging on their refund promise (to give me my money back plus enough to buy the iBook somewhere else) and they've sent me this "Agreement" in order for them to give me the inadequate refund they now want to offer. I have NOT agreed to this, and they don't seem to understand that a contract you don't sign isn't binding. So take a gander at this sucker, and note that the typos are not mine.
Dear J___ N____:
Upon the instructions of our legal department the below document is related to
your replacement costs on your product (s) which have not been delivered. The
replacement cost which J. C. Morris & Company agrees to is outlined below. You
may wish to have this document reviewed by an attorney prier to acceptance.
If you disagree or dispute this agreement in any fashion you will need to email
[email protected] . If you accept this
agreement please email me back to that I may process it accordingly.
REPLACEMENT COST SETTLEMENT AGREEMENT
This Replacement Cost Agreement ("Agreement") is made and effective this March
25, 2002, by and between J___ N___ ("First Party"), and J.C. Morris & Company,
Inc. ("Second Party").
First Party and Second Party are parties to a Replacement Cost Settlement.
The First Party has alleged that the Second Party is in default of its obligations
to deliver a product or products (the "First Party's Claims");
The Second Party has alleged that the First Party is not entitled to any form
of compensation for the failure to delivery said product or products since the
failure to deliver said product or products were at the fault of the distributor
and/or vendor to whom the Second Party purchased the First Party's product or
products. In addition to provisions outlined in the Second Party's Terms and
Conditions, which the Party of the First Part accepted at the time they engaged
in the transaction in question. ("Second Party's Claims"); and
The First Party and the Second Party wish to resolve their differences and responsibilities
pursuant to the Replacement Cost Agreement, the First Party's Claims and the
Second Party's Claims.
NOW THEREFORE, in consideration of the foregoing and the covenants, releases,
and agreements set forth herein and for other good and valuable consideration,
First Party and Second Party agree as follows:
1. Release.
A. For valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and with the intent to be legally bound hereby, First Party does
hereby release, acquit, and forever discharge Second Party from and does hereby
covenant and agree never to institute or cause to be instituted any complaint,
or public posting, suit or other form of action or proceeding of any kind or
nature whatsoever against Second Party based upon the First Party's Claims and
any and all other claims, demands, indebtedness, agreements, promises, causes
of action, obligations, damages, or liabilities of any nature whatsoever, in
law or in equity, whether known or unknown, suspected, or claimed, that First
Party ever had, has claimed to have, now has, or may hereafter have or claim
to have against Second Party related in any way to or arising out of or by reason
of any matter, cause, thing, or act of Second Party, or any of Second Party's
employees, or any omission of Second Party, or any of Second Party's employees
related in any way to or arising out of any claims asserted or that could have
been asserted, or related in any way to or arising out the First Party's business
dealings, business relationship, etc with the Second Party.
B. For valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and with the intent to be legally bound hereby, Second Party does
hereby release, acquit, and forever discharge First Party from, and does hereby
covenant and agree never to institute or cause to be instituted any suit or other
form of action or proceeding of any kind or nature whatsoever against First Party
based upon the Second Party's Claims and any and all other claims, demands, indebtedness,
agreements, promises, causes of action, obligations, damages, or liabilities
of any nature whatsoever, in law or in equity, whether know or unknown, suspected,
or claimed that Second Party ever had, has claimed to have, now has, or may hereafter
have or claim to have against First Party related in any way to or arising out
of or by reason of any matter, cause, thing, or act of First Party, or any of
First Party's employees, or any omission of First Party, or any of First Party's
employees related in any way to or arising out of any claims asserted or that
could have been asserted, or related in any way arising out the Second Party's
business dealings, business relationship, etc with the First Party.
2. Replacement Cost and/or Compensation.
In partial consideration of the release provided herein, the parties agree to
the following payment:
i. The Party of the Second Part will reimburse the Party of the First Part all
monies paid to the Party of the Second Part, less any credits, adjustments, or
refunds already issued to the Party of the First Part.
ii. The Party of the Second Part agrees to pay the Party of the First Part the
total sum thirty (30) percent of the value of what the Party of the First Part
has paid to the Party of the Second Part. (Example, if the Party of the First
Part has paid the Party of the Second Part $5000 for product (s) which is undeliverable.
The Party of the Second Part would issue a Replacement Cost in the amount of
$1,500)
iii. The Party of the Second Part agrees to pay the Replacement Cost within ten
(10) business days, once acceptance of this Agreement is acknowledged by the
Party of the First Part.
iv. The Party of the Second Part will pay the Replacement Cost by company check,
which will be mailed by registered mail to the Party of the First Part's billing
address on file.
v. In other consideration, the Party of the Second Part who has no future obligation
to the Distributor or Vendor who failed to deliver said product or products in
question will make available to the Party of the First Part the option to repurchase
a product or products of their choice (which can not exceed the quantity originally
ordered) currently offered by the Party of the Second Part's at a flat discount
rate of 50% which will be delivered to the Party of the First Part within 20
business days, or the Party of the Second Part agrees to provide the product
or products free of charge. In the event the Party of the First Part accepts
this option, they will be required to replace their order and use the promotional
code “replacement” on their order form. The Party of the Second Part agrees
to process the Party of the First Part's new order within 24 business hours and
provide follow up every 24 business hours until the product or products have
shipped. Please note that this cannot be used in conjunction with any other
offer, promotional discount code, in-house credit, etc.
3. Termination of Agreement.
The Replacement Cost Agreement shall terminate in all respects effective five
(5) business days from the initial date of this Agreement, should this Agreement
not be accepted by the Party of the First Part.
4. Accord and Satisfaction.
It is understood and agreed that the above-recited consideration is provided
to and accepted by the parties in settlement and compromise and as full satisfaction
of disputed claims, the validity of which are expressly denied by the parties,
and such consideration is not to be construed as an admission of liability on
the part of any of the parties, but rather, is for the purpose of terminating
all disputes among the parties related to or arising out of the Replacement Cost
Agreement, the First Party's Claims and the Second Party's Claims.
5. Non-Disclosure.
Each party agrees that it will not disclose to any other person or entity the
existence or nature of this Agreement or any term set forth herein.
6. Successors and Assigns.
This Agreement and the release and covenants contained herein shall be binding
upon and shall inure to the benefit of each party, and each of their respective
predecessors, successors and assigns and each of their respective past and present,
direct and indirect, subsidiary, parent, and affiliated entities, and to each
of their respective past and present employees, agents, attorneys in fact, attorneys
at law, representatives, officers, directors, shareholders, partners and joint
ventures.
7. Entire Agreement.
The terms and conditions set forth herein constitute the entire agreement between
the parties and supersede any communications or previous agreements with respect
to the subject matter hereof. There are no written or oral understandings directly
or indirectly related to this Agreement that are not set forth herein.
8. Failure to Accept this Replacement Cost Agreement.
The Party of the Second Part, who has no obligation by law, to compensate Party
of the First Part, agrees to do so only in order to maintain its high standard
of Customer Service. The Party of the Second Part by virtual of financial obligations
will be unable to offer the Party of the First Part any additional compensation
or monies. The Party of the Second Part acknowledges to the Party of the First
Part is under no obligation to accept this Replacement Cost Agreement. The Party
of the Second Part acknowledge to the Party of the First Part that should they
be unwilling or unable to accept this Agreement that any future negotiates, or
matters pertaining the Party of the First Part's business relationship with the
Party of the Second Part will be turned over on a formal level to the Party of
the Second Part's legal department for final resolution.
9. Governing Law.
This Agreement shall be construed and enforced according to the laws of the State
of Georgia.
10. Headings.
The headings in this Agreement are for convenience only, confirm no rights or
obligations in either party, and do not alter any terms of this Agreement.
11. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to
be invalid or unenforceable, then this Agreement, including all of the remaining
terms, will remain in full force and effect as if such invalid or unenforceable
term had never been included.
IN WITNESS WHEREOF, the Party of the Second Part has executed this Agreement
on this date March 25, 2002 and agrees to allow the Party of the First Part ten
(10) business days from this date to accept the Replacement Cost Agreement.
Jim Morris
Acting CEO
J.C. Morris & Company, Inc.
[ 05-20-2002: Message edited by: saraho ]
[ 05-20-2002: Message edited by: saraho ]
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