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JetEdge Informative - JetEdge elects to forego its contract

Review by jeff84 on 2011-11-14
ST. MICHAEL, MINNESOTA -- Our company made the decision to purchase a water jet system from Jet Edge in Nov, 2004. Part of our decision was based on the fact Jet Edge proposed to us in a contract they would update/retrofit the controller system used by the water jet system we purchased, once they had completed the research and development of the new controller. It was agreed up by both parties that this would be done at no cost to us.
Jet Edge for years lead us to believe they were still ironing out the kinks in the new controller, and delayed performing the retrofit. In Feb 2009, we received an e-mail correspondence from Jet Edge notifying us they did not intend to complete the retrofit, and complete their obligations according to the contract. A certified letter was sent to Jet Edge in Sept 2011 notifying them, that we expect performance in accordance with the contract. Since then they have tried to present us with unsatisfactory options, and have obviously made the decision to forego their obligations, commitment and promise to perform a complete retrofit of the control system at our facility.

We originally purposed that we would like to have Jet Edge complete their obligations. After more knowledge from correspondences with the company in general, we have decided we would prefer to have a complete refund from Jet Edge based on their intentional breach of contract. We feel this company should not be trusted, and would not consider doing business with them again.
Comments:4 Replies - Latest reply on 2011-11-14
Posted by Kris10 on 2011-11-14:
You should ask for your money back plus the interest they were earning on it while they had it. Let us know if you get a refund or if you have to fight for it.
Posted by Slimjim on 2011-11-14:
Well they won't give a refund since you own and have been using the system for seven years. If they would do that, then they would have long since fixed/updated it. This one is probably all about going legal. How much does this retrofit cost, how important is it to you, and then, is it worth hiring an attorney to lean on them, with possibly a suit to follow? You'll need to attack the material breach of the contract, which would be seeking the retro fitting plus of course, any court/counsel costs.
Posted by JayByJay on 2011-11-14:
I'm also curious if the R&D for the new controller was ever completed.
Posted by CowboyFan on 2011-11-14:
Whether it is intentional or not, that is not relevant to whether a breach occurred. Why did you wait to demand performance for two and a half years between their e-mail and your certified letter?

This is a business contract issue, the key point of which would be whether they ever finalized the new controller. It sounds like your contract has a contingentcy in it, i.e. if we finalize the new controller we will upgrade your unit. Was the contract silent about what would happen if they never finalized or produced a new controller?

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