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AIPTEK: An unfair business practice history

 

 
De: A/P Pedro J. Etchegaray Avallone [mailto:etchegaray@adinet.com.uy]
Enviado el: jueves, 01 de septiembre de 2005 3:32
Para: 'PeterChen@aiptek.com.tw'; 'TedTung@aiptek.com.tw'; 'JackyChen@aiptek.com.tw'
CC: 'Attorneysatlaw@adinet.com.uy'; 'bordabehere@adinet.com.uy'
Asunto: News from Uruguay and upgrading the owing amount to U$S 21350
Importancia: Alta

 

Montevideo, Wednesday August 31st, 2005

AIPTEK International Inc.

Honorable Mr. Peter Chen (CEO & President)

Honorable Mr. Ted Tung (Vice President and Spokesman)

Honorable Jacky Chen (Public Relation)

 

Reference: News from Uruguay and upgrading the owing amount to U$S 21350

 

As appropriately we informed to you, we have continued working to collect the money that AIPTEK owes us. It is for this reason that again put on in contact with you to inform about of the current situation and also to upgrade the owing amount.

01) Reviewing the matter:
AIPTEK unfair business practice against ECA.

Today, exactly one year and one month ago (13 months, for the cabalistic ones) that for the first time I read information about the company AIPTEK INC, as consequence of an email that I received from Mr. Wayne Wang, presenting me their company and proposing the possibility to make business together, marketing their digitizers.

From that moment, my life suffered a radical change. I passed of having a potential excellent customer to who I will carry out an important professional work in the America that speaks Spanish developing market for him, to which I distracted important resources of my organization developing a Preliminary Business Plan, to have to develop a strategy of defence of my rights to collect my work, as direct consequence of having been subjected to a fantastic quantity of lies, falsehood and unfulfilled promises.

At least I thought it, I was discussing strongly with my partners as consequence of AIPTEK INC; having to pay expensive legal advice so that they explained to me how to make  to collect my work AIPTEK, and spending more and more economic valuable resources and my time to the point of almost to become an obsession that has waived of to develop and to assist all my responsibilities as always has made it, everything as consequence of the terrible experience that I have had to suffer on behalf of AIPTEK INC.

While more knows AIPTEK INC, more irritated I am, because this whole matter should really never happen. AIPTEK INC, it has been without a doubt a very bad influences in my life that has affected my life that has affected my relationship in the business, with my partners, with my family, with my customers and as consequence of it, my health.

All these problems have had devastating consequences for me this year, and for this reason, it's my interest to solve this problem as soon as possible.


 

02) Upgrading the claimed amount

It has happened little more than one year since Mr. Wayne Wang contacted us to make business together. During that time, we were damnified several times by AIPTEK, and we have also attempted up to now unfruitfully, to recover part of the money that we have invested in trying to spend to AIPTEK in friendly form.

Following the advice of our attorney-at-laws whose report (Attorney at Law Report) appropriately it went sent to you in the emails dated at May 23rd, 24th, 25th, 26th, 27th and 31st, and also dated June 2nd and 21st, and that now it is published in the address http://www.unfairbusiness.webya.com.uy/attorneyreport.htm  (please, read the page 8, paragraph C.4.3) of the Attorneys at Law Report, we have developed a new web site at http://www.unfairbusiness.webya.com.uy , and we also place the whole documentation of this unfair business practice case, so that it is demonstrated crystalline the attitude of AIPTEK against our company.

This web site has been revised personally by me, trying there to be strictly objective and careful in the whole material published.

I think that now it will be much easier for you to analyze the whole documentation, and in that way to understand that AIPTEK through their different spokesmen, it has acted in deliberate a d reiterated form against us.

The development of this web site required little more than 500 hours of web programmer, with a cost of U$S 6.000,00 (six thousand dollars U.S.A.).

For the delicate of the content of this web site, I personally achieved the qorks of supervision, audit and correction. This, demanded me, an enormous physical and concentration effort, provoking me great irritation to be a very unpleasant situation and contrary to my habitual constructive spirit.

There, I invested something more than 100 working hours that valued to U$S 50,00 hourly result in U$S 5.000 (five thousand dollars U.S.A.) additional.
In summary, to activate this web site has cost us U$S 11.000 (eleven thousand dollars U.S.A.) that added to the previous U$S 10.350,00 (ten a thousand three hundred fifty dollars U.S.A.) already claimed, they upgrade the claimed amount to the amount of U$S 21.350,00 (twenty-one a thousand three hundred fifty dollars U.S.A.).

U$S 21.350 (twenty-one a thousand three hundred fifty dollars U.S.A.) it is the debt that now AIPTEK INC has with us, and the same one only includes direct work at minimum cost, nothing else.

We are only recovering the investment that we come making to collect the works that  was taken and used unduly by AIPTEK  without never to have paid.


 

03) What concepts they have not been
even included in this claim

AIPTEK should understand that the due amount is originated exclusively in the upgrade of the hours and the work invested in claiming the payment of our consultants services that AIPTEK stole by means of deceits and shameful business practices, inappropriate of a company that sells per year more than a hundred million US dollars.

This quantity is now our minimum aspiration of damage compensatory.  

However, to be clearer, I will detail those topics that up to now have not been quantified and in consequence, neither included in the due and claimed amount, and of which AIPTEK could be discharged (and not to increase the quantity) if both parts reached an agreement quickly and friendly, where it was not necessary the new intervention of specialized Lawyers. 

We don't want to enrich with this matter, but simply to make justice, to obtain the repair of our direct costs and to continue with our lives with the dignity of not having allowed us to swindle from a giant as AIPTEK.

This is a new demonstration of our good will to fix this matter, and to clarify that it should not made a mistake our humility and rationality with which we are ignorant of the economic potential that can have this matter in another environment.

Summarizing, we are not still QUANTIFYING NEITHER ADDING:

03.01) Emerging damage.

Legal concept: Emerging damage is the loss or decrease in the current and effective patrimony that the victim suffers in front of an abuse of this type. In our case they are:

*      Coming expenses of building a relationship with AIPTEK INC.

*      Coming expenses of trying to collect friendly, the loss suffered by the discovered swindle and recognized by AIPTEK INC.

*      Coming expenses from specialized doctor's attention to overcome diverse dysfunctions of health as a consequence of this situation of high stress that has also affected our relationship with the nearest human environment (family, partners, friends, customers)

*      Coming expenses from professionals' honoraria for services that should be in charge of my business, while I was focused in this matter, or while I suffered health troubles as consequence of it

03.02) Loss of earnings

Legal concept: Loss of earning is when stops to win or to perceive the victim and their direct associates, as consequence of the received damage. For the estimate of this quantity, they are considered the remunerations that it could have perceived the person or organization during the period in that the damage was infringed without having been repaired.

As AIPTEK knows (because it is explicit in the emails), ECA was executing an important work under agreement of another customer when we were contacted by Mr. Vincent Luo. The results of that work were so good that the agreement was extended deepened beyond the originally foreseen thing (practically until ends of November 2004).

To average this amount  among the monthly revenues of our organization during the previous period, and then to extrapolate it to the 9 months that take running since AIPTEK received our Preliminary Business Plan (December 23rd, 2004) it is already a figure that overcomes many times the actual claimed amount.

Do you understand it?

 

Besides it, we should also point:  

*      Loss of revenues for the delay in the making of a Project of Investment to install a network of factories, based over technology developed in Uruguay, in the countries of Paraguay, Venezuela and Mexico that it involves a negotiation for several millions of dollars

*      Write-offs for the payment of professionals' honoraria hired previously to this problem, to execute tasks in a smaller series of projects that they should be coordinated and supervised technically by me, and that to be heading to this topic and they should be placed in stand by during 4 months.

*      Very important losses suffered by ECA., as consequence of having been affected my personal performance sensibly (I am the CEO of an organization of professionals that depends on the high acting, creative, moral and commercial capacity to generate business). The depression that provoked me this situation with AIPTEK, wore away all my abilities and strength, diminishing my productivity, and in that way affecting the revenues directly, the allowances for productivity and other global profitabilities of the company and personal of the members of this professional association, all that which can be easily quantified.

03.03) Moral damage

Legal concept: Moral damage is the psychological damage that a sinister one causes in a person.

The Universal Right ,accepts that bigger tests are not required to determine the victim's moral damage since it is evident, because it is characteristic of the human nature that all person subjected to aggressions and taunts experiences a sharp moral suffering.

It is usually the most important compensatory article in amount terms.

The moral damage is the most complex thing, since the loss of profit and the emergent damage are more quantifiable, and in general they represent a smaller part of the compensation. The moral damage, on the other hand, is less definable but wider in its acceptance since includes many concepts characteristic of the morals and human ethics.

 

It is so when quantifying the "moral damage", an integral repair is looked for of who has suffered a damage, by what they consider aspects like the aesthetics, suffering pain (physical and psychological), loss of quality of life, even of "to enjoy" the life, among others.

 

We have the right to claim compensation for moral damage caused by AIPTEK Inc., because all these elements in my personal life have been directly affected for this unpleasant situation that I never looked for. 

Whereas clause my professional trajectory (that is public), and whereas clause that I am 45 years old and I am in the maturity of my productive capacity, a decrease in my abilities and self-esteem as consequence of this spoil, it can mean a figure of several hundred of thousands in dollars, since their effect should be extrapolated until the average of life of my country that is of 80 years (that is 35 years to estimate).    

03.04) Judicial expenses, translation, legalization and internationalization of documents for trial and honoraria of Attorney-at-laws.

If we don't arrive to a friendly understanding, we will open the way to Lawyers specialized in the topic who besides charging important honoraria, they have already explained to us that a series of expenses exists to develop a trial from these characteristics to international level, that which would imply (given the quantity of involved documents) a strong additional financial effort for us that it would pass to increase more the amount that finally AIPTEK will pay us.

04) How to solve this situation?

It is very simple. We have been it doesn't unite, but several times damnified by AIPTEK. However, we want to finish with this situation that there are us aggrieved so much and to be devoted to productive things. We only want to recover the money that we take invested.

The web site is simply a tool so that all the High Executives of AIPTEK, its lawyers and attorney-at-laws, its Chairman Board, its Director Board and their Shareholders, understand what happened, how it happened, what type of reiterated damage that they caused and the disastrous consequences that it could bring for the company to continue ahead in this mistaken position.

Therefore, to give finish to this topic, we propose the following friendly agreement that would be executed, if AIPTEK agrees, in the following chronological order:

04.01) AIPTEK sends us an official letter, signed by its CEO, for which commits to pay up to now in 7 days the claimed sum of expenses of U$S 21.350,00 (twenty-one a thousand three hundred fifty dollars U.S.A.)

04.02) AIPTEK writes according to thinks it, the agreement for which requests us the cession of rights for free internal use of the Preliminary Business Plan that has already been usufructing without our authorization from December 23rd,  2004 that ECA developed. We revise this agreement, our lawyers revise it and it is adjusted of common accord in a definitively text.

04.03) AIPTEK writes an officla letter of gratitude, where thanks to Mr. Pedro J. Etchegaray as  CEO of Etchegaray Consultants & Associates, the borrowed consulting services for the development of the American markets of Hispanic speech (a shhet to testimony title) that will be signed by the CEO of AIPTEK.

04.04) ECA sends an official letter to AIPTEK informing that we commit to sign the agreement (04.02) immediately after we have received the sum of U$S 21.350,00 (twenty-one a thousand three hundred fifty dollars U.S.A) and the letter of gratefulness (04.03).

04.05) AIPTEK, transfers the funds in the sum of U$S 21.350,00 (twenty-one a thousand three hundred fifty dollars U.S.A.) to the order of ECA, to name of Mr. Pedro J. Etchegaray, according to the instructions already imparted, under advice to us so that we pass to collect the money, and sends the official letter of gratitude (04.03) by Courier.

04.06) Once ECA has collected the amount of U$S 21.350,00 (twenty-one a thousand three hundred fifty dollars U.S.A.) and received the official letter of gratitude (04.03) by  courier, ECA sends them by Courier too, a collection receipt and the agreement (04.02), signed,  giving the required rights, giving this way had concluded this matter definitively, and re-establishing the normal relationships among the companies, without anything that to be claimed mutually, situation in which we were before the July 30th, 2004.

The steps 04.02 - 04.06, must be completed by both parts, in fact inside the term of 7 days committed by AIPTEK in the point 04.01. This way we avoid a new nonfulfillment on your behalf, and also the loss of time in negotiations that later are not summed up.

During the lapse that is carried out this negotiation, ECA commits to stop the activity that has been already pre-announced in the Attorney Report, momentarily subject to the good finalization of the agreement.

This is our friendly formula of solving this matter.

 

05) That, that AIPTEK still has to understand

I believe that it is time and very convenient that AIPTEK INC, understand the person's type with which has had the luck to try, and the one that has not known how to take advantage up to now, in spite of all the opportunities that it has already wasted

I am a highly qualified and experienced professional that enjoys their work very much. During all my life I have been focused in building technological solutions, to build business dealings, to build markets, always looking for the benefit of who they have hired me and of the community where my activity is developed. Basically I am a BUILDER.

 

I have tried to build a relationship with AIPTEK on those bases, and I was deceived systematically. This has been a pain, because knowing the undeniable potential of AIPTEK, I don't doubt that I had been able to contribute in a lot to the growth of the market for that company, task for which we were consulted several times.

In spite of my bad experience, I still have the hope that finally exists inside an organization of the size of AIPTEK, some executive that loses some minutes in analyzing the facts and think: 
¡WHAT ATROCITY, INJUSTICE AND VIOLATION, HOW there are AGGRIEVED TO THIS PEOPLE!!!!!,
and then, put an end to this situation so lamentable and abusive that surely anything well makes to the good name and commercial reputation of that company.

Possibly if that person exists, be also the sufficiently intelligent to notice that have not been trying with an ignoramus, but with somebody that doesn't conceive in the same way that respects to the other ones, neither he accepts not to be equally respected. 

AIPTEK should know that until we have not been exactly attended in our legitim demands, we will continue making an effort until achieving our objective. We would not be who we are; neither have we arrived until here, making business in those that the managers of other countries make fun of us.  

This is not a joke; it is an extremely serious matter.

We believe in Taiwan, and we trust that a country that has a Fair Trade Law won't remain unaware to put an end to this attitude of AIPTEK that only muddles and it discredits all the effort of that country in being world leader of the commercial transparency.

While this doesn't happen, we will continue deepening the measures in defense of our interests and legitimate generated rights, until AIPTEK pays the claimed figure or the one that arises later on of the increment for future actions at other levels.

It is obvious that as soon as possible it is solved this injustice, less resources will be wasting all (AIPTEK and us).

Lastly, it is good thing that AIPTEK knows that although I am Uruguayan, my ancestors are of BASQUE origin. Basque (or baskos) they are possibly the oldest town in the world (this it is a scientific fact of the anthropology).

The Basque language is indeed the very old language of Europe (it is believed that it can be 30.000 years old, yes thirty thousand). Its origin is still ignored and it continues fascinating numerous investigators.

It is also the witness of a population, a etnia,  a culture and a vision of the world.

The Basque population has had her own social organization based on the earth values that today  follows being a very important concept, and its own laws based on the customs and in great measure in the equality of people.

We are speaking about a people that, preserving their language and their culture has resisted to the different invasions that have crossed the Western Europe from its romanization.

Their language (the Basque or Euskera) and their culture is pre-Indo-European and it is a people that it has known how to adapt to the external cultures adopting new ways of life along the centuries but without never to lose its roots.

The example so clear is latinization, an invasion that has annihilated different people and pre-existent languages. Basque people have known how to keep the originality of its language; its deep roots although an important part of the Basque vocabulary comes from Latin.

This is the history of a country that has taken a constant fight to defend its identity and its sovereignty. Its geographical situation in Europe has been very coveted. Along the history, the Basque country has been in passing a place strategic to reach the Iberian Peninsula or Africa. It is a country that has been crossed by numerous civilizations and cultures and it has always cohabited with those that have respected him, but that it has rebelled against those that have tried to subject it along the history.

This attitude, he/she has made that this people are recognized universally to be extremely hard-working, tenacious, brave, defender of the freedom and the justice, and fundamentally for never to be given for conquered before any challenge or enemy, without caring its capacity, power or size.

Many Basque are known that have died for their ideals, but none that has given up them. Napoleon and Hitler, if they lived, they could give testimony of this.

As consequence of this problem, and to make sure that we were not in front of a cultural problem, we have read about Chinese civilization, and we have found ourselves that many of these noble paradigms that have distinguished to Basque, many centuries later were inspiration source for Confucius moral philosophy (551 AC – 479 AC) who is intimately taken root in the culture of Chinese people and it is so venerated in Taiwan (thousands of temples).

Maybe intimately for this reason, I still continue trusting that it is impossible that a company of Chinese origin as AIPTEK, where the thought of Confucius is part of its identity, don't should, don't want, or simply don’t' have taken conscience of the damage that has caused.  

I still think that to solve this matter, simply have that "to show and to justify fully" that the reality is that, so that then, AIPTEK making honour to the philosophy of its ancestors, assume his fault and solve this topic once and for all that but it will continue for a lot of time, until it is solved.

06) Invitation

Finally for this way we invite you and their advisers and all the people that can offer you  an opinion or an advice about the quick resolution of this situation to that they browse by the web site http://www.unfairbusiness.webya.com.uy that at the moment (and awaiting a positive answer) it has not still been properly promoted, so that they understand the situation and finally recognizing their terrible error, compensate who subscribes and their company as it is being demanded and this way to give end to this matter, in this point, in reasonable, civilized and friendly form.

We have allways acted in loyal form, notifying to AIPTEK INC (who should not be surprised of anything), at every moment the steps that we would give of not being solved this point. Now simply we are completing our word, as we have always made it, without hurry but without pause. 

Waiting for once in this whole process, a simple and favorable answer, greets you sincerely

 

Etchegaray Consultants & Associates

A/P Pedro J. Etchegaray Avallone
CEO & Director

System Analyst - Organization & Methods Analyst
Technological consultant - System Auditor
Business and Market Development

Office Address:
Santiago de Chile 1286 - 11200 Montevideo
Country: Uruguay - South America

Phone:+598 (2) 9006010 - Telefax: +598 (2) 9032985
Mobile Cellular: +598 (99) 592802 

Email: etchegaray@adinet.com.uy
Professional
Web Site: http://www.etchegaray.webya.com.uy
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Aiptek unfair business history Web site: http://www.unfairbusiness.webya.com.uy