Prologue

Along our extensive professional trajectory, so much in the environment of the technology like of the international business, which begins in the year 1983, we have lived very varied experiences, maintaining then a capacity of astonishment in continuous evolution.

However, I should confess that never, and I should emphasize the word NEVER (up to now), Me in personal form, or some of the companies that I manage, had no longer been had no longer been been damnified by an isolated person of another company, but for the main executives of a technological company of the size and potential of AIPTEK that in corporate form, they deceived, they lied, they negotiated and they never fulfilled in having reiterated opportunities the promises and agreements that themselves outlined, to solve problems whose responsibility is they absolutely exclusive.

It is so lamentable and serious the created situation and the damage that AIPTEK has caused us that it is only comprehensible through the analysis of the documents exchanged in the successive written answers and behaviors quarreled with the minimum business ethic that here we expose.

As experienced professional in technology business at international level, I always investigate the technical, commercial, economic and financial potential of each one of our potentials suppliers and/or customers.

Concretely in this case, it was AIPTEK who located us, it called to our door, it was presented corporately to outline us different business. Until that moment, we had never had treatment with this company.

Therefore, previous to the consideration of any business, we investigate all that we could on AIPTEK. This way, We obtained the public information that existed in internet like being their countable, economic and financial statements, their volume of sales of the last three years, and also a detail of their main suppliers, shareholders and customers.

Surprisingly (and we use this word because our experience is being terrible) until the moment in that we begin the negotiations at the end of the month of July of 2004, we don't find any negative observation, but rather just the opposite. AIPTEK without a doubt is a solid and strong technology company.

With this analyzed information, we think of AIPTEK like in a good business opportunity, with great potential to development business in the region that was also summoning us so that we in fact advised him in how to develop the market in the America that speak Spanish.

AIPTEK has the profile of the customers that habitually they look for us so that we help them to open the American Latin market to its products. For such a reason, we try to assist all the requirements that were outlined us with our maximum excellence grade.

From the beginning of the relationship, we observe that as we sent to AIPTEK information about the possible business and how we could work together, we only obtained from AIPTEK a very enthusiast, stimulating and highly positive feedback.

Indeed, all the comments that we receive on behalf of Vincent Luo, were of absolute coincidence with our business vision, and in each answer, he required us more information, more attention and more dedication to the project of business that we were producing.

All these signs, gave us the implicit confirmation (first) and explicit confirmation (after) that in AIPTEK it was absolutely interested in our advice and to hire our capacity to develop for them, the market of the America that speaks Spanish.

Regrettably, the facts happened up to now come demonstrating a very different reality.
Everything makes think that AIPTEK uses corporately as system to obtain information or gratuitous advice, the deceit and the promise of business that later are not summed up.

This unfair business practice, is increased with the systematic application from AIPTEK, (as method to solve the conflicts caused by its previous behavior), of the continuous renegotiation of agreements and its later nonfulfillment, with the objective of corroding the resources of its tally, and this way to diminish the rules in its own business profit.

If to this abusive behavior, we add that the abuse is outlined among companies of notorious different economic potential, where AIPTEK can take advantage of its great force and its biggest financial and economic resources in comparison to ECA, a small company of technological consultancy of a small country, then the attitude of AIPTEK not only becomes a criminal behavior according to the international trade laws, but also, a dangerous antecedent that muddles crystalline effort that the companies resided in Taiwan and the own government of that country, they have made to promote the "Fair Trade" in its activity.

The content of the great quantity of documents that up to now we have accumulated, they constitute our form of exposing our case to the world and an unquestionable evidence of the AIPTEK crime.

To facilitate the understanding of the case, we order the documents (66 emails) chronologically and we group them like in a novel, in 20 episodes whose final it has not still arrived and that it will only finish when we recover the money that APTEK has forced us to spend.

Of this terror story, now you are reading the prologue. Next, you will be able to read a brief comment of each one of the episodes that can analyze.

Fortunately the epilogue has not still been written, because we still trust that it is a great mistake that will be corrected when the high executives of AIPTEK read this web site personally.

We hopes that then they will take the appropriate measures to compensate the caused damage, arriving at a happy end by means of a friendly agreement, without necessity of arriving to intense judicial instances.

The other possibility is that AIPTEK habitually applies this deceiving and unfair business practice with other companies, which have dared never to reveal this situation, so much because AIPTEK is very big or because it is its supplier or its customer.

Many companies, opt for not disclosing these situations to the commercial world to be saved the work that implies it, without thinking that in that way, they are facilitating the things to the criminal so that they repeats the same crime with another new company.

For this reason, we have assumed the attitude of continuing until this topic is resolved in some way.

Episode # 01 - Approach from AIPTEK to TecnoPyme and Mr.Etchegaray - Emails # 1 - 6.

This history, begins June 30th, 2004, 30 when Mr. Wayne Wang, a salesperson of the international area of AIPTEK INC, makes the first contacts with Mr. Pedro Etchegaray, CEO of TecnoPyme, representative of GTCO-Calcomp in Uruguay, to introduce their company and to offer him the distribution of the digitizers that AIPTEK manufactures.

Mr. Etchegaray respond to Mr. Wang immediately, sending primary information. After exchanging several emails, Mr. Wayne understands that Etchegaray can offer a more important support to AIPTEK in the development of business in the whole region (America that speaks Spanish) and he notify him that he will transfer all the records to the responsible Manager for the business of AIPTEK in Pacific Ring, Mr. Vincent Luo.

Episode # 02 - Bait. AIPTEK puts the bait of the deceit - Emails # 7 - 10

20 days after the last contact, Mr Vincent Luo appears in scene, responding with great enthusiasm, an extensive email that previously Mr. Etchegaray had sent to Mr. Wang. In that opportunity, Mr.Luo requests from Mr. Etchegaray, as responsible of ECA (Etchegaray Consultants & Associates) more deep information at advice level, outlining as compensation the firm possibility that both companies work together.

Mr. Etchegaray proposes to develop a Preliminary Business Plan for AIPTEK, to that which Mr. Luo doesn't only consent, but rather he insists on obtaining this advice, promising a future of big business together.

Episode # 03 - Insistence. The swindler's insistence - Emails # 11 - 17

Mr. Luo requests insistently through several emails, the Preliminary Business Plan gotten engaged by Etchegaray.
In each opportunity, Mr. Etchegaray responds in systematic and immediate form each emails that he receives from Luo, to who always notifies him the state of his situation about the time that is he spending to execute the work that was already developing in that moment and for which had already been hired previously to enter in contact with AIPTEK.

It is very important to point out that during the course of this period that occupies about 3 months, in any moment Mr. Luo outlines any nuisance, objection or uneasiness for the situation and neither it demands anything about it. He, simply accepts the conditions and wait to that the dates announced by Mr. Etchegaray leaves reaching, since he knows (because he was notified this way by Mr. Etchegaray) that when he finishes with the work that is carrying out for another customer, he will be devoted to make the Preliminary Business Plan.

Episode # 04 - Deceived. The lies give their benefits. - Emails # 18 - 23

Trusting in the honor's word of Mr. Vincent Luo and their promises of immediate business, given the interest and maintained enthusiasm demonstrated until that moment, Mr. Etchegaray informs to Mr. Vincent Luo, at the end of November of 2004, that he will assign important resources of the company ECA to prepare the promised Preliminary Business Plan.

At December 23rd, 2004, Mr. Vincent Luo, as International Sales Manager of AIPTEK for Pacific Ring, he receives the 20 pages Preliminary Business Plan from ECA. In this document, Mr. Etchegaray requests to Mr. Luo that in a term non superior to 30 days, answer him about the acceptance of this work, to in that way to plan their execution inside the professional activities of ECA for the year 2005.

After sending the Preliminary Business Plan, Etchegaray requests Mr. Luo in 3 opportunities that it confirms him their reception.
In this point, AIPTEK had achieved success in its deceit and obtained the whole required information insistently, without paying a dollar, completely free, and simply based on promises that as later it will be demonstrated, he never had the minimum will of completing.

Episode # 05 - Suspecting. Suspecting that there was a swindle - Emails # 24 - 26

After the month passed settled down by Mr. Etchegaray so that AIPTEK responded about his Preliminary Business Plan without having not even received a minimum comment in this respect from AIPTEK, Mr. Etchegaray begins to suspect on the real intentions of Mr, Vincent Luo.
During the whole month of February of 2005, Mr. Etchegaray sends to Mr. Luo 3 emails separated by 15 days each one, of which he never receives any answer.

The last of these emails, thinking that some problem could exist with the Mail Server of Aiptek, is sent to a series of employees of AIPTEK and co-workers of Mr. Vincent Luo, with the hope that some of them was received and Mr. Luo was notified.

Independently of the fact that direct answers were never received, Mr. Etchegaray always received the electronic acknowledgements of receipt of this whole correspondence. This situation began to generate suspicions, beginning to appear the first features of swindler's profile and rude that until then, Mr. Luo had never shown.

Episode # 06 - Unmasking the swindle - Emails # 27 - 31

Finally, March 2nd, 2005, Mr. Vincent Luo, sends an answer of astonishing, surprising and lamentable content to Mr. Etchegaray.
Their content, instead of to be kind and to apologize for the delay in responding, thanking the Preliminary Business Plan, and also giving some opinion on the future of the relationships among the companies, it is absolutely rash, insolent, outside of the reality and to be worse, it not even makes any direct reference to the work that was sent to Mr. Luo, concluding with a threat about the future of the relationships between the companies if Mr. Etchegaray continued asking for the destination of the work that so many times were required by Mr. Luo.

This email, a great blow was constituted for Mr. Etchegaray, because it put in evidence that he and ECA were object of a swindle on the part of AIPTEK to obtain information without making the investment of U$S 60.000 (sixty thousand dollars U.S.A.) that was necessary as minimum to develop the Plan of proposed business.

Once convinced that had been swindled, Mr. Etchegaray sends 4 more emails to Mr. Vincent Luo, where he claims him for their unfair business practice, he demands corporate answers and he also claims the collection of the professional honoraria for their work, since it has been object of a swindle.
Mr. Vincent Luo, in representation of AIPTEK none of these emails never responds.

Episode # 07 - First formal accusation - Emails # 32 - 35

Surprised by the incredible situation, and thinking that it was a personal position of Mr. Luo and not corporate at level of AIPTEK, Mr. Etchegaray decides to contact Mr. Peter Chen, the AIPTEK's CEO, and to expose before him, the abuse that he was object, with the hope that Mr. Chen, informed on the swindle carried out by Mr. Luo, contributed solutions to solve the conflict and to compensate Etchegaray for the caused damage.

In this instance, and in friendly terms, Etchegaray makes by first time at this level in AIPTEK, the reclamation of the sum of U$S 3.500 (three thousand five hundred dollars) for the cost of development of the Preliminary Business Plan, like form of recovering part of the investment in resources carried out by request of Mr. Luo.

Nevertheless it, was also necessary to send 2 (TWO) emails so that somebody of AIPTEK, in representation of Mr. Peter Chen, answered to Etchegaray.

Finally the day April 19th of 2005, the CEO spokesman from AIPTEK, Mr. Ben Lee, informs to Mr. Etchegaray that he will study the whole matter and he will answer the reclamation presented in a maximum term of 14 days.

Episode # 08 - Second abuse - Emails # 36 - 41 

Suddenly, the following date of having announced that he would take a long time minimum 14 days to respond and to analyze the situation, Mr. Ben Lee, the spokesman of Mr. Peter Chen, sends an email requesting a discount in the reclaimed honoraria, making a counteroffer of U$S 2.000,00 (two thousand dollars U.S.A.) for the birdcall of Mr. Etchegaray (that was of U$S 3.500) or offering the payment of U$S 3.500 (the entirety of that claimed) if Mr. Etchegaray added certain information that AIPTEK needed.

Amazingly, the information requested in complementary form by AIPTEK, it was the one that would be obtained of the implementation of the Step 1 of the Preliminary Business Plan risen by Mr.Etchegaray, and whose development cost had already been quoted in that document by the sum of U$S 12.000 (twelve thousand dollars).

However, it is important to highlight that this answer on the part of Mr. Ben Lee, constitutes the first absolute recognition that AIPTEK had wanted to swindle Mr. Etchegaray through Mr. Vincent Luo, as well as that AIPTEK needed the requested advice absolutely, and finally it configures a second swindle intent now, when trying to deceive Mr. Etchegaray again, offering U$S 1.500 additional for the information that AIPTEK already knew that it would cost U$S 2.000 (twelve thousand dollars U.S.A.) to obtain.

Mr. Etchegaray doesn't only reject the proposal, but rather he considers it a new intent of abuse on the part of AIPTEK and he makes to know it this way to Mr. Ben Lee in an extensive and well argued email.

Nevertheless that happened, and in a new intent to reach a friendly agreement and being based on the again reiterated interest from AIPTEK to obtain the advice for the development of market of Mr. Etchegaray, he offers a second opportunity to solve the problem, suggesting that it is taken ahead the execution of the proposed Preliminary Business, at least in their first stage, in way that AIPTEK doesn't have to invest money in repairing damage (U$S 3.500), but in market development (U$S 12.000).

Episode # 09 - Second accusation - Emails # 42 - 44 

Again the days pass and AIPTEK stops to respond the emails, something that becomes a constant in this terror story and it is a sample more, now at level of the High Management of AIPTEK of the lack of seriousness to treat the international business.

After sending three (3) emails that are not answered, the reclaimed payment it is become intimate, suggesting that of not being solved the problem immediately a less friendly position it will be assumed. It is also accused AIPTEK of already using at corporate level this condemnable behavior of unfair business practice.

Episode # 10 - Improving the initial offer  - Email # 45

As in previous opportunities and as we will also see later on, AIPTEK only acts when it is become intimate and faced to limits situations of more risk.

In and of itself, under the threat of breaking the friendly way definitively, AIPTEK through Mr. Ben Lee, makes a new offer, improving the previous one, arriving to U$S 3.000 (three thousand dollars) when previously had offered U$S 2.000,00 (two thousand dollars).

It is really surprising that a company of the size of AIPTEK that bills more than 100 million American dollars a year, make this type of conceals you with a company like ECA that it is only requesting that they are compensated its costs by the services rendered and stolen by AIPTEK.

Episode # 11 - First agreement - Emails # 46 - 48

Although the offer doesn't conform anybody in ECA, and only in order to giving quickly for ended the topic, Mr. Etchegaray accepts it with the condition that the payment is executed immediately, since it is to carry out a business trip the following week.

AIPTEK confirms that it will proceed to pay, but it puts a new one dilatory of one week, something unacceptable and shameful for a company like AIPTEK, since Mr. Ben Lee has an assistant (Mrs. Charlin Chen) that is informed of all that happened and she already has precise instructions of making the transfer of money.
Mr. Etchegaray reiterates Mr. Ben Lee that the agreement is only accepted if the immediate payment is made.
We are at Monday, May 9th, 2005
 

Episode # 12 - Nonfulfillment  - Emails # 49 - 52

During 4 days, Mr. Etchegaray claims the immediate payment insistently to Mr. Ben Lee and to her assistant Mrs. Charlin Chen who simply ignore the emails and they don't give any answer.
Arrived the day May 12th, 2005, Mr. Etchegaray sends a notification by email to Mr. Ben Lee informing him that the agreement has been unfulfilled on the part of AIPTEK.
It also clarifies him that it is the last personal contact that they will maintain, the topic at hour will pass at another less friendly level.

Episode # 13 - Changing rules. Seeking to change the rules of the unfulfilled agreement unilaterally - Email # 53

Once again, under pressure, already out the terms agreed by Mr. Etchegaray, and with the unfulfilled agreement, the day Monday May 16th, Mr. Ben Lee seeks to recapture the negotiation for the U$S 3.000 (three thousand dollars U.S.A.) that didn't pay, demanding now, previous to the payment that unfulfull, a written authorization from Mr. Etchegaray to be able to use inside AIPTEK freely the document "Preliminary Business Plan" that was sent past December 23rd, 2004.

Until that moment, AIPTEK had NEVER NEVER required that authorization. However, the fact of requesting it now explicitly, is a new evidence of the strategic importance of this work carried out by ECA for AIPTEK, of the necessity that AIPTEK has of applying it freely, and a new demonstration of the commercial inappropriate behavior of AIPTEK that not having completed the agreement previously for herself outlined, also demands right to ECA without economic compensation, changing the rules of the agreement unilaterally, using as extortionate method the Non payment of the amount arranged.

Episode # 14 - Attorneys' Words. First time - Email # 54

While all these dilatory ones imposed by AIPTEK happened, the partners of Mr. Etchegaray, was already extremely indignant with the mafioso behavior of AIPTEK, and they had already requested to an Attorneys at Law specialized in International Commercial Business, a legal opinion about the situation generated until that moment, to effects of no longer pressing only the collection of the Preliminary Business Plan, but also of every hour and additional effort documented in those until then 54 emails of exchange of correspondence.

As consequence of this juridical support, the day May 23rd, ECA sent again to the CEO of AIPTEK, Mr. Peter Chen a detailed report of the hours and documents understood in the negotiation, an upgrade of honoraria with their corresponding reclamation that now arrives to U$S 10.350,00 (ten a thousand three hundred fifty dollars U.S.A.) of cost that they don't include neither pain and suffering, loss of profit neither other additional ones, but only the honoraria of the Attorneys at Law Firm, that ECA you obliged to hire for the reiterated nonfulfillments from AIPTEK.

In the same communication, the report of the Lawyers is attached so that AIPTEK has through bill of lading of the following steps that would give ECA if you doesn't reach a friendly agreement.
Also it is informed AIPTEK that ECA doesn't have any problem in giving the copyright of the Preliminary Business Plan to AIPTEK, and they requests that AIPTEK is in charge of of the writing of such an authorization, which will be granted once AIPTEK has made the payment of the U$S 10.350 demanded.
 

Episode # 15 - Updating Birdcall 2. U$S 10.350 - Emails # 55 - 58

Again, ECA will reiterate 4 times its notification and its Attorneys will also make once again it (five (5) times in total) during a lapse of one week, without obtaining answer some from AIPTEK.

Episode # 16 -  A new lie from an old liar  - Email # 59

Surprisingly, at May 29th, reappear as the Ave Phoenix from your cinders, Mr. Ben Lee who is already in knowledge that Mr. Etchegaray doesn't want to negotiate more with him, sending an email that ignores all what happened, including the second reclamation of the U$S 10.350,00.

With this attitude, Mr. Ben Lee, pretend to return the negotiation to the point of the U$S 3.000,00 and he requests him to be sent the authorization that he requested outside of term to make the payment. All this that an absolute lie that ECA doesn't respond.

Episode # 17 - Attorneys' Words. Second Round - Emails # 60 - 62

While ECA sends a fifth reiteration from the reclamation to the high executives of AIPTEK, its attorneys are in charge to sending a copy to Mr. Ben Lee so that he, be directly in knowledge of the consequence of their nonfulfillment and the economic damage that it has caused AIPTEK.

To vary, the attorneys of ECA, they should insist so that Mr. Ben Lee confirms in writing that he has received and read the content of the sent documents.

Episode # 18 - The Liar's threat - Email # 63

Mr. Ben Lee who already has absolutely discredited its word in front of ECA for not having completed the reached agreements, sends an answer in threat tone to the lawyers of ECA, seeking to ignore the conditions of the unfulfilled agreement for him.

Finally, he/she thanks the suggestion of the lawyers of ECA, of being advised legally, since seemingly instead of helping to solve the situation it is simply complicating it.

Episode # 19 - Attorneys' Words. Third Round - Emails # 64 - 65

Finally, at June 21st, 2005 an answer from the Lawyers of AIPTEK appears, where they simply inform that to its view, AIPTEK doesn't have any obligation with ECA because neither there has been written contract.
This answer is absolutely outside of context, it demonstrates total ignorance of the documentation exchanged among the companies, including the reiterated recognition on the part of AIPTEK of the debt, and it seems a dissuasive measure  more than anything that to a measure with the minimun juridical base.

Nevertheless, and for respect to the colleagues, this email without legal sustenance, it is answered immediately by the attorneys at law from ECA, where they are made several legal explanations, the reclamation of the immediate payment of the U$S 10.350 is reiterated, and it is also recommended that that payment becomes effective before the figure is continued already increasing for the execution of the map road that AIPTEK knows already

Lastly, they are also communicated that Mr. Etchegaray has suffered a serious surgical intervention from which is recovering, and until he come back, they cannot continue ahead the actions hat they have announced already, suggesting to AIPTEK take advantage of that time to pay.

Episode # 20 - Updating Birdcall 3. U$S 21.350 - Email # 66

According to that announced, ECA has proceeded with the following step suggested by its attorneys at law. It has been developed and published a complete web site that includes the whole documentation of the case.

According to that announced, ECA has proceeded with the following step suggested by its attorneys at law.
It has been developed and published a complete web site that includes the whole documentation of the case.
This effort has determined that the figure of money spent by ECA as consequence of the unfair business practice of AIPTEK, it has been upgraded to U$S 21.350 (twenty-one a thousand three hundred fifty dollars U.S.A.).

That figure is exclusively investment cost, and very inferior to the figure that would be claimed by means of a legal demand.
Before already continuing with the following steps announced, ECA grants a week of term so that AIPTEK pays this amount, send the model of authorization of cession of rights letter to use the Preliminary Business Plan that requested, and also send the letter of gratefulness from AIPTEK to ECA for the services rendered.

If the cession of rights is approved by the attorneys from ECA, there won't be problems in signing it after ECA has collected the amount of U$S 21.350 (twenty-one a thousand three hundred fifty dollars U.S.A).

In case AIPTEK doesn't achieve the payment, ECA will continue ahead with the steps suggested appropriately by its attorneys, and that they are already in knowledge of AIPTEK.