C-ArmsUSA.com

Review: Contacted vendor and paid for refurbished Philips Pulsera fluoroscopy unit on 12/15/2012. Paid in full sum of $35,500 for fluoroscopy unit as quoted, with 6 month warranty on unit. Received unit on 2/21/2013, delivered, kept plugged in for at least 24 hours as instructed for charging. Upon turning on machine 2 days later, unable to take image. Error message on screen showing "Xray generator unavailable" as well as battery error message. Vendor contacted immediately with photo image of error message. Vendor promised response from their own technician, but has not heard from vendor since last contact. Unable to reach vendor by phone, not responding to messages left numerous times, as well as not responding to emails. Also vendor did not supply FDA Form 2579 which is required by law and required for us to keep on site of fluoroscopy unit. Last response from C-armsUSA was on 3/4/13 as copied below, since then, unable to reach vendor:"Dr. **, It looks to be the batteries assembly has taken a hit, maybe during shipment, not sure. We are working to locate and obtain the battery set now and well ship directly to your location in Southlake and schedule [redacted] to come down when we know the date the batteries are being delivered. Sorry for the inconvenience. This does happen from time to time. Its possible it may only be one of the batteries, but it would take longer and to find out which one than to replace the whole assembly. Michael Alick Managing Member C-ArmsUSA LLC 3255 Warrensville Center Road, Suite 202 Shaker Heights, OH 44122 T 216.751.5974 F 216.803.1967 www.c-armsusa.com "Desired Settlement: Fix unit as promised, or return purchase price and pick up device. Alternative suggestion: Philips factory service is available in Dallas area, may be called upon to fix device to working condition and billed to vendor directly, not to us.

Business

Response:

C-ArmsUSA LLC is a small business engaged in the buying and selling of used medical imaging equipment. Being small, we rely solely upon cash-flow for economic survival as we have not been able to secure any amount of credit line, despite being with the same bank for over 4 years. In the first three months of this year, sales have plummeted and our cash was used up making continued operations less than desirable and feasible. I have written to the doctor and his attorney explaining this situation. I am trying everything that I can to right the company, get it back up and its feet in order to continue operations and meet the promises we have made for warranty work on delivered systems. As of this writing I have no formal solution to the situation. However, I did notify the doctor that he could use my engineer to make the repair, providing he would pay him directly. When the company recovers as I hope and believe it shall, I will reimburse him for the repairs.

Review: Purchased a very expensive c-arm from C-ArmsUSA LLC with web address www.c-armsusa.com. Had I known what this company was all about when it comes to living up to its contract, & living up to promises I would NEVER had even considered doing business with them. Not even if they were the only company on earth that sell c-arm. I purchased a c-arm, which the timing of my c-arm purchase was done based on my need. I ensured I had enough time to get the c-arm into my office prior to when it was needed. The c-arm was supposed to be a refurbished c-arm, which has specific industry requirements for refurbishment. 1st problem, c-arm took about 6 weeks longer than promised delivery date to get to my office. The fluoro table did not arrive with the c-arm, despite the considerable delay in c-arm delivery. There was stories each time as to why delivery was late, one day is one story, the other time is something else. Upon delivery, delivered c-arm had multiple broken components, locks, video studs, etc. The owner [redacted] was notified immediately, while the delivery guys were present, he promised to get someone down to check it out, and fix things immediately. Notice that c-arm was never refurbished. Noticed c-arm was not functioning correctly. Notified Mr. [redacted] again during phone/email communications, he stated he will take care of the issue. It has been now over 5 months from delivery date, he hasn't even sent anyone to take a look at the c-arm, he hasn't sent the c-arm out to be properly refurbished, he has not sent out the technician to train my staff on use of c-arm (part of contract), which was to happen days after deliver. The contract includes 6 months warranty --there has been a number of warranty issues c-arm not working well, no one has done any ACTION other than empty promises. I would NEVER have done business with this company, NEVER EVER! False advertisement, they don't honor contract, they have cost me over $12,000 extra given all the mishaps, which they still haven't rectified.Desired Settlement: They have in effect voided the contract, and has cost me TONS of money in addition, due to reliance on the contract. They have been very uncaring, & without decency to rectify anything. It is always one story after another, & it has been over 5 months with ZERO action. Warranty issues never addressed. Nothing refurbished. There has been numerous chances to remedy the problem, but after 5 months of listening to stories without action, I don't trust them any longer, & can't wait indefinitely.

Business

Response:

Having read the complaint, I am not certain what response is required. The desired settlement does not state any remedy the complainant wants. Nevertheless, I will try to respond to the points he has made.

There are some many items mentioned in the complaint so I will answer each one in turn.

I ensured I had enough time to get the c-arm into my office prior to when it was needed.

We process all orders for equipment on a first-come, first-served basis. This is discussed with the customer prior to sending the binding, signed agreement and deposit. Combine that with the fact, as the contract clearly states, the customer acknowledges that circumstances may affect the availability of parts, service and shipment. We do not ever guarantee a delivery date as it is simply not possible. In the case of the complaintant, they were told that another order was pending and would take precident over theirs in the refurb process. I specifically informed them that if they would expedite their contract and deposit overnight, it would assure the of top position. Rather than do that, the customer choose to use the USPS and it the contract and deposit arrived five days later. Thus, I disagree with the complaintant's statement in number one.

The C-Arm was supposed to be refurbished, which has specific industry requirements.

There is no industry specific requirement for refurbishment of a C-Arm. Dealers each have different policies, manufacturers have different policies. In fact, there is not universal agreement on certain terms that are used. Refurbishment, as we call it, is defined in the customer contract, is as stated on our website under "refurbishment."

C-Arm took six weeks longer than promised delivery date.

While the C-Arm did not arrive perhaps when the customer wanted it to, it certainly was not longer than promised date - as there was no promised date. (see number 1)

The fluoro table did not arrive with the C-Arm.

Agreed. It arrived later and we provided a rental table for the one day of appointments the doctor would have missed by not having the table. We fully incurred the cost of the table.

C-Arm was delivered with multiple broken components, locks and video studs.

We were made aware first that a lock was broken and the base was moving as a result. A few days later, we were notified of scratches an dents and that images could not be removed.

[redacted] promised to get someone down to check it out immediately.

I did promise to get someone to take a look at the system to assess the damage caused by shipping. I did not say immediately. I would never tell someone something I did not for sure think could happen. I said I would try to get someone there as soon as practical. A sort time later, I sent my lead technician to a customer in Georgia to check out another system that was damaged in freight (by the same shipper). I notified the doctor by email that my guy was in Georgia and he could come to Florida, take the C-Arm to an arranged location, work on it for a few days and resolve the problem(s). I never heard back from the customer. The repairs for the C-Arm require the unit to be taken out of the customer premises. The customer stated he would only allow this to happen if we assured him the unit would not be removed until Friday evening and would be back by the following Thursday evening for use on Friday. This is a narrow window given the full extent of what needed to be done was not known to me at the time.

I noticed the C-Arm was not refurbished.

I did say to the complaintant and state again, if the unit was not up to the refurbishment standards as set and shown on our website, I would make it right. The problem is one of logistics. (see number 6)

I noticed the C-Arm was not functioning correctly.

This is a very recent complaint. Until 10/01/2012, the only issues were as noted above in number 5.

Mr. [redacted] stated he would take care of the issue.

I did and I will.

He ([redacted]) has not sent the technician.

I have not been able to work out a proper scheduling. In the past few months, business softened considerably and cash flow problems have made it impossible to send someone. I informed the complaintant of this and also stated that business has and is picking up and I should be in a position to get it all taken care of.

He ([redacted]) has not sent anyone to train staff.

My tech can provide the training. However, it should be noted that the complaintant has been using the C-Arm and continues to.

The C-Arm is covered by six month warranty.

Yes it is.

There has been a number of warranty issues and nothing done.

No warranty issues have ever been presented to us.

False advertisement.

I will reserve my comments here.

Do not honor contract.

I have repeatedly lived up to every provision of the contract. The customer, however, is the one to have defaulted by refusing to pay as agreed. The contract is very clear on this point, however, the complaintant does not like to hear that. The complaintant seems to have a very different understanding of contract law than my attorney who drew up the contract.

Cost me $12,000 extra given the mishaps.

Several things come to mind here. For a few thousand dollars, he could have had the system 'refurbished' and all problems corrected. Why not do that instead of whatever in the world he did do.

This customer has not been the most cooperative. His emails are lectures about how I should do business, how easy it is to get things taken care of, how easy scheduling and shipping is, etc. From he very beginning when given a chance to overnight the contract and deposit to insure expediency, he choose to take the slowest route. When the C-Arm was delivered, he initiating refused to pay the balance as agreed in the contract and we ultimately made a deal for my company to secure payment. He also said he'd pay for the table when it arrived, but after receiving the table decided he wouldn't pay until the C-Arm was repaired. This was clearly a breach of contract however, despite our having several options available to us, we (C-ArmsUSA) decided to keep working with the complaintant.

Which takes us to now. I just yesterday informed the complaintant that I am now in a position cash flow wise to get the unit repaired, replaced or refurbished as needed. His response was that he did not want to talk to us anymore, no more emails. I cannot send a technician 900 miles to a site where I have no idea if he will be received or turned away. As a small business man, money is a precious commodity. I wish it weren't so, but every dollar must be directed to the proper venue. So, I will end the way I began. I don't know exactly what the desired settlement is. By contract I am obligated to make the system acceptable within the standards we publish. And I agree to do that. I agreed to do that upon its delivery and first notification that something was wrong. I agreed in June when my technician was in Georgia and could easily have gone to the customer site if the customer had in fact responded. And I continue to be willing to make matters right. Unfortunately it cannot be easily accomplished when I receive emails that are mostly diatribes and accusatory and demands for money for which there is no contract provision for. Nor do I appreciate being the one cast in a bad light. When just yesterday I stated I was in a position to get the technician to the site, I am greeted the next day with this Revdex.com complaint. This is most assuredly not the action of someone seeking resolution, but more likely, someone wanting retribution.

Regards,

C-ArmsUSA LLC

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

1) FALSE ADVERTISEMENT:

Mr. [redacted] made false statements in his response. I am not surprised. First off, he clearly is in the business of false advertising -- at least to me he did!!! It is quite clear for many reasons. Including the fact that I paid for a fully refurbished, and got a broken machine. It is quite interesting that he noted that there is no standards to c-arm refurbishment. There are standards. Besides, he went over what he does with refurbishing a c-arm (which is one of the reasons he indicated his cost was higher than other c-arm vendors, he also noted -- some of these c-arm vendors will sale you a c-arm, only for when there is problems that can take many weeks to properly respond, or when a warranty issue develop, they will take weeks to address the issue. "I clearly don't work that way, and that is not how I do business." He noted.) These were all statements he made during the time he was trying to have me buy the c-arm from him. Before I decided to buy from him.

Despite the fact when I had choices of vendors to use, I decided to go with his company given all the promises, the contract, the timing of delivery he assured me which was very important with me choosing what vendor to use. The fact that he significantly inconvenienced me, with delivering a c-arm 6 week longer than the assured me although very frustrating, has nothing to do with my grievance. It just sheds light to the ordeal and issues that started from Day #1.

Mr. [redacted] after explaining all details of what the c-arm refurbishment involved, he then referred me to his website. Which as I figured he would get on there and change its content after the fact. Hence I went and printed the Refurbishment page on his website. And save it just in case, he really is engaging in false advertisement or bait-and-switch type marketing. And of course I noted that about 4 weeks ago, he change the content on his Refurbishment page. Please see attached the prior content of his refurbishment page at the time I purchased the c-arm, and up until about 4 weeks ago. Which I can tell based on his false responses in his reply, he did intentionally, as he very conveniently referred to this refurbishment page which he had already changed.

2) No Training:

Mr. [redacted] not only based on promises and contract guaranteed that there will be a technician who will arrive to train myself and my staff on the use of the c-arm. This was all before the c-arm purchase. The technician was suppose to arrive right after deliver (which was about 6 months ago). Till today, it is one story after another. In the past over 8 months dealing with Mr. [redacted], there is only one email of his that I missed which went to my junk folder, which he inquired just as he has done in the past, in which despite my agreements and confirmations, nothing ever happens. This particular email was one in which he was seeing if I was available when his technician was in GA so that he may stop by in Florida. The email went to my junk mail, and I missed that email, until I was trying to talk to him again, about the issue, and he brought up the fact he did not get a response which was an email sent about almost 10 days prior. However he had me phone, and could have emailed again when he did not get a response. (this incident and the only email I didn't respond to promptly occurred 5 month ago -- so just again another excuse) Besides it does not cost that much to live up to the contract and fly a technician to Florida -- very inexpensive flights I saw on my searches. Mr. [redacted] himself could have come down himself to assess issues and see how significantly limiting the delivered machine was, and how much of the functions cannot be performed. Bottomline it is inexcusable to be almost 6 months from delivery of machine but yet no training, and yet no technician -- despite multiple promises, one story after another.

3) No action SINCE DELIVERY or Broken (and NON-fully-functioning) c-arm about SIX month ago:

Mr. [redacted] knows from multiple communication with my staff and myself that any time is good for me to meet with him, meet with a technician, or have c-arm service. The only exceptions includes Tuesday/Thursday when I am in Surgery and not in clinic, hence not physically available for any in person meeting. He knows I have been very flexible and have fully told him personally over email, and my staff have communicated that to him over and over as they waited for a plan of attack to fix the machine/replace the machine. It has been almost 6 months now, no actual efforts from Mr. [redacted] to live up to the contract, to address significant warranty issues with the c-arm which I have communicated to him several times including before sending the Notice of Breach of Contract Letter, and which I had brought up to him over many communications since the breach letter was sent to him. He has simply ignored all this, he just makes promises, and apologies for delays and makes another set of promises -- which are always non-specific, and always never keeps them. I have given him some much opportunities to take care of the situation if he really intended to take care of it, I believe he has had plenty time to do it. Given that I have been much more than extra patient and reasonable towards him.

I have given him multiple deadlines to complete this task -- one deadline was 4 weeks away, another 2.5 weeks away and another 2 weeks away from time deadline was given after which I'd assume he does not want to peacefully fix the broken equipment that he delivered. Following each deadline, he affirms that he will get machine fixed up, and makes lots of promises. Only for as soon as I agree to hold back taking legal action, all I hear is silence. NO updates, no communications from him. 2 weeks past my staff and I try to get in touch with him, to figure out why no action, and why the silence, he always replies. I will let you know when I come up with a plan. Then another 2 weeks passes, and he will never contact us. When I email, or my staff calls him, he repeats the statement, "I will let you know when I have a plan. This is what he continues to repeat and time keep lapsing 4, 6, 8 weeks later -- he still states, I will let you know when I have a plan.

I keep trying to inquire as to why it takes that long to come up with a plan, he ignores the questions or says it takes a long time to get a plan. I then once went ahead made calls, did searches -- and with 2 hours of searching I had all the components of a plan all made. Indicating to me that he is not really making any plans, but trying to stall me. He has done absolutely nothing to mitigate the extra cost that he has forced on me to bear solely because on my reliance on the contract.

4) He brought up an issue about my withholding payment to him on his response. Again, an example of him twisting stories. The fact here is that the c-arm got delivered much much later than promised. He had at least 4-5 different excuses each time with my inquiries as to why delivery has not occurred. Including excuses which based on later gathered facts I come to find out did not happen. But that is besides the point. The point is after such delays -- the fluoroscopy table did not get delivered with the c-arm, as it should have been. It did not arrive till at least 3 weeks following the c-arm delivery. There was a $1,000 balance which upon realizing the delayed c-arm delivery will be arriving without and before table delivery. The $1,000 was to be held till table delivery. Then c-arm was delivered broken (which Mr. [redacted] knew of at time of delivery) which he promised he will immediately address. I kept waiting for a plan to fix the c-arm or switch it out, and kept waiting for technician to do training. But despite all my efforts, Mr. [redacted] did not achieve either during the 3 week before table was delivered. Given my very bad experience thus far, and the fact that he delivered a broken and poorly functioning c-arm (which is definitely not what I paid for) -- not to mention that the c-arm was NOT refurbished.

Having said all this, the table was delivered on a day I was not in office -- and according to my staff the delivery driver just dropped of table, and drove off quickly, and they had to properly move table to place where table was to be delivered to. The delivery driver did not even ask them for anything, did not ask for a COD, he just took off. Besides I was not in office since following significant delays c-arm table was delivered without my knowledge to even write any check. Following table delivery Mr. [redacted] then sent me an email telling me to send payment to him -- letting me know where to send the $1,000. Being very disappointed that he was more concerned about the $1,000 (about the final 2.5% of the total cost of the c-arm), than making things right. With already a 3 week delay with no action. I also figured he will have a higher chance of taking my needs of him fixing or replacing the c-arm asap seriously and take care of the issue faster if he knew I was waiting for a plan prior to paying him the balance. So I replied mentioning to him that I will be happy to send the remaining $1,000 balance but not after I have a plan of how my c-arm will be replaced or fixed. He then replied stating that I must send him the payment within 3 business days, he mentioned that if I don't then he will not fix the machine any longer, and that I will be forfeiting the warranty. Since I didn't want to go back and forth with that issue, and just wanted my c-arm fixed. I send payment overnight which he immediately received within 24 hours. Still this did not make him to do the right thing.

The fact is Mr. [redacted] will attest that I have been very reasonable with him. I have been very very patient, despite is many failed promises. If I take this up the legal route, it will cost him over 10x more than it would cost him if he simply does the right thing. But yet, I was still giving him lots of opportunities. So the fact is that about 8 weeks ago, following the breach of contract letter -- he again came up with a plan and empty promises, how this time it will be the time when he will do right by him if I give him some more time. He came up with 2 plan for me to choose from after I had again within 2 hours came up with ways to very smoothly replace/exchange the c-arm versus fix it. I choose one of the plans, and told him I will stay any actions if he continues to appraise me of progress with the plan. It was a 18 day plan. As soon as I accepted staying any actions, there was complete silence, no email, no calls from him, no updates -- 4 weeks following the lapse of the 18 days during which the c-arm should have been replaced I contacted Mr. [redacted], and surprisingly, there was yet another story to tell me why he didn't live up to the plan and his promise. I notified him at that time that the contract will be nullified since he has clearly shown that he doesn't want to fix the c-arm nor honor the warranty. So I gave him 1 week to pick up his c-arm, notifying him that he will have storage fees start accruing if the c-arm is not picked up following a week from the notification. He will reimburse my full purchase price, since he had not in 6 months addressed any issue, other than just making false statements, and promises without addressing them. When he got the message, he again started again with another set of false non-specific promises (if I wanted to give him a chance to fix things). I then told him that I am done with this back and forth emails, when he says something, he has more than enough time to work on the plan, he does nothing, and ignores the predicament he has placed me in, only for him to start talking about how he can solve the problem only when I want to stop waiting indefinitely for him to address the major issues at hand. So I told him clearly that I don't care about empty words any longer, since all he is telling me are things he had said before over 10 times in the past, with no action. So I informed him that the only reason why I will stay the nullification of the contract is that if he will show me by his actions only, and not words that he means business, and that this time things are really different than the last time that he said exact same things with no action. Action speaks loader than words.

In conclusion, I have been more than reasonable with Mr. [redacted] since I've been dealing with him for over 8 months (and Mr. [redacted] knows this). He however has done nothing to mitigate cost that his lack of abiding by promises and contracts has cost me. Instead he has focused in trying to erase evidence of refurbishment steps that he promised and that he advertised which he never did. I paid for a fully refurbished c-arm, with 6 month warranty. C-arm was delivered broken, poorly functioning. Important components of the c-arm that is highly needed for proper functioning not working. The images are not portable to patient's records which is important to comply fully with HIPPA given multiple broken connections studs and peripherals on the back of the machine, to say a few. Not to mention that he has ignored warranty issues brought up several times already. The only solution is:

1) He sticks to the 18 day plan that he had already presented, which I accepted as ok, and he delivers a c-arm that is fully refurbished as he advertised to be that prompted my purchase from him. Upon delivery of the machine the poor functioning and broken c-arm will then be picked up. This was plans already made to occur to deal with this process, which he pretended he was going to do, talked the talk, but never did anything to actual take care of the problem and exchange things

2) When the refurbished c-arm is delivered, the technician come within 5 business days of the delivery to do training -- as promised before original purchase. This is not too much to ask.

Mr. [redacted] and c-arms usa has not abided by the contract, and he has not kept his promises -- 6 months later he has done nothing except words. He knows that I am available to talk when he want to use his actions to show he means business. No more interest in prolonging the inevitable. So if he want to stick to the 18 day plan that he proposed, and that I accepted, then I will be happy to stay the contract nullification. This has cost me over 100 hours of my time to say the least -- buyers beware!!! If I was someone not reasonable, Mr. [redacted] I would not be giving him all these opportunities. But if he want to live up to his word, and contract and promises, he should confirm this and start eh 18 day plan he proposed -- and this should start this week.

Regards,

[redacted]

Consumer

Response:

From: [redacted], M.D., M.B.A. [mailto:[redacted]@yahoo.com]

Sent: Monday, October 08, 2012 10:08 PM

To: [email protected]

Subject: Re: You have a new message from the Revdex.com serving Greater Cleveland regarding complaint #[redacted].

This includes the plan that Mr. [redacted] provided as solution options. I picked option #2 the 18 day option, but no action by Mr. [redacted]. Despite have very unprofessional business practices, my goal is to get what I paid for simply put. I have intentions to take this any further, but he continues to show he does not want to live by the contract. I will stay the nullification of the contract, and seeking for my entire money back if he keeps the option #2 in the first attachment. Once things start this week. Thank you.

+++++++++++++++++++++++++++

[redacted], M.D., M.B.A.

CONFIDENTIALITY NOTICE: This e-mail message, including all attachments, is for the sole use of the intended recipient(s) named above and may contain confidential legally privileged and protected information. For intended recipients unauthorized use, disclosure or distribution is prohibited. If you are not the intended recipient, you are hereby notified that any review, use, dissemination, disclosure, distribution, printing, copying, or the taking of any actions in reliance on the contents of this email message and/or any attachments is strictly prohibited. If you have received this transmission in error, please immediately notify the sender by telephone and by reply e-mail and permanently delete and destroy all copies of the original messages and attachments and immediately shred all existing non-electronic versions.

Business

Response:

Dr. [redacted], while concerned with getting a resolution, continues to stick to ideas

add comments and disclose that has no basis in fact.

The Facts are:

Regarding Delivery:

He was informed that we had another shipment going to the South and that I could include his unit on it if he would overnight the contact and deposit. Failing this, I stated clearly in writing in an email, that I could not guarantee the unit would arrive at the date he wanted. (AND I STRESS DATE HE WANTED. THERE IS NO PROVISION IN THE CONTRACT FOR SPECIFIC DELIVERY DATE.)

HE FAILED TO SEND THE CONTRACT AND DEPOSIT IN A TIMELY MANNER: INSTEAD HE SENT IT IN A MANNER THAT TOOK FIVE DAYS TO REACH US. The result was the loss of the "expited shipping window" and the shipment arriving at a later (NOT LATE) date.

Therefore, there is no issue about late arrival and no basis for his claims.

Regarding Training:

I did say and agree to have a technician do training after the installation.

I did arrange for the technician to visit, and did inform Dr. [redacted] of the technician being in Georgia and able to come to his site, however, the doctor never responded. He claims that it went to junk mail and perhaps it did. It is unlikely however as generally email systems do not work like that. If you have received prior emails from a person, the email system recognizes it as a "safe source" and does not push emails to junk. But that is another story. The point is: I DID ARRANGE FOR A TECHNICIAN TO COME TO THE DOCTOR'S SITE, ASSESS THE UNIT AND TRAIN. THE REQUEST WAS NOT ANSWERED.

FURTHER, the Dr fails to mention that he used the exact same model C-Arm prior to purchase (on a rental basis from another company) and that training was not essential for his use of the system. In fact, he has been using it and I doubt that his patients would appreciate knowing he lacked the skill necessary to operate a radiation-emitting device without proper training. I agreed and will provide training at the time my technician can get in to do the repairs. Since we have not had the opportunity to get in there yet, there's been no training.

False Advertisement:

This section of his complaint/rejection is so confusing I cannot even respond. If he is upset that I changed my website, I am sorry, but I often change it to keep it fresh and to give it a newer, different look. To be blunt, I don't really care whether he likes the website or its content or not, but to presume I am engaging in false advertisement and make such allegations in writing can be considered libelous.

If by false advertisment he refers to the fact that he does not believe the unit he received was refurbished according to our published standards, I have n basis to say otherwise prior to inspection of the system. I did contract with a firm to do the refurb work and they may not have done the work accordingly. I have nevertheless stated I would remove the system and have our own technician go through the entire unit and deliver it back to the Doctor in a refurbished condition that does fully comply with the policy as agreed.

No Action:

I am aware of the issues on the C-Arm as Dr. [redacted] has communicated.

I recently communicated that I am going to fix the C-Arm as required.

He refers to multiple deadlines,however, my business is not condusive to his deadlines. Making the proper arrangements requires time availability of the technician, a place to securing work on the equipment, proper equipment for repairing the equipment and such.

He insists the repairs be completed in a timeframe that requires removal on Saturday and return by the following Thursday. This is a task that requires precision timing and there is ALWAYS the possibility of something coming up that delays the process. This is the nature of used medical equipment. The unit was manufactured in the mid-90s and is no longer supported by the OEM, meaning parts sourcing comes from the used equipment marketplace.

Conclusions:

The timeframe of delivery was in keeping with our standard practice and hence, not a violation of contractual obligations.

Training was promised and was once attempted.

False advertising claims are the result of work that was perhaps not fully performed though thus far we have only the Doctor's word for it.

From his remarks I do not know if he is agreeing to allow us to make the repairs or not. He seems to be saying yes, but only if it starts this week, whichever week that means, I am not certain.

Resolution:

It is my sincerest desire to provide the Dr. with a C-Arm refurbished as we agreed by contract and as our policy dictates (then and now it is the same) and the training he desires.

I will get the ball rolling for repair, it is what I have always agreed to do. My lead technician is returning tomorrow (10/12/2012)from field work in Illinois. We will sit down and work out a schedule for him to get to the Doctor's site.

We will take the unit to a secure worksite and the unit will be returned to the doctor in refurbished, working condition. The doctor and staff will then be trained o the system's use.

I trust that this is an acceptable resolution.

Sincerely,

Managing Member

C-ArmsUSA LLC

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

First of All regarding Timely Delivery:

1. That is just to illustrate how aweful this business has been with making up facts, and not keeping their words. If that was the only issue at play here, I would have been okay, despite it resulting in additional cost on my part to improvise until the machine arrived as well as the table, as Mr. [redacted] knows if that was the only issue here I would have not had this filing or any grievance. With regards to his incorrect statements, we spoke by email, he sent over final contract, I instructed him I will look over if okay with me, I will sign and send over to him. He kept taking about me having to rush the contract and 20% deposit to him overnight -- not having anything to do with him waiting for it for any delivery. Remember the machine refurbishment starts after payment is made. He was just trying to seal the deal as soon as possible, with the check. I wrote check, gave to my office manager, she sent out the check for 2 business day delivery. A day after my exchange with Mr. [redacted] about my looking over contract he emails asking that he never received the check as of yet, which I referred him to my office manager -- whom informed him of the delivery method, the following day he received the check. I have email evidence of all these conversations. By the way this was the only email that Mr. [redacted] sent me without me asking him what was going on -- him asking and trying to rush me to ensure I seal the deal with him, and not use anther company, and asking for the money for ensure he secures the purchase.

He then indicated that he will get things in about 3 weeks. It then went 3 weeks no word. I email wondering why the silence, and what the status, that is when the stories started. It started by saying the his lead technician was sick, and has been sick for a while, hence delaying the refurbishment. But that he is back on and will be starting work on the machine. Next, it went another couple of weeks, of silence, then I email again asking what is going on. This time he states that there has been a fire at his company which has affected shipping the machine. But it is now in route to Florida to a company that will do refurbishment -- (First red flag with company -- as they told me about 3 weeks prior the refurbishment was being done in Ohio.) There were a few other stories -- including him becoming sick, that were sent over time as excuses for failed promises. When machine was finally delivered, he tried to throw a company here in Florida under the bus for not refurbishing the delivered machine according to his promises, only for me to call and talk to the owner of the business, and exchange emails with the business -- where they gave me proof of instructions giving to them by c-arms usa. They did EXACTLYwhat c-arms usa told them to do, nothing more, nothing less. That was what c-arms usa paid them for. So it was clear that the problem was, and was clear what the c-arm condition was, and why it came to me with broken pieces and not refurbished.

Mr. [redacted] express being sorry as he is doing now in his initial email after I told him of the deplorable delivered c-arm condition, he pledged expedited action to fix the problem, but no action for 5 months. It is always one thing after another, one sob story after another. While I am forced to bear the significant additional cost for his failure to act.

Regarding Training:

Contract promised training and there has been no training for 5 months -- despite one excuse, and one lie after another.

Regarding arranging technician to visit -- that is flat out incorrect. Unlike false statements Mr. [redacted] and c-arm usa like making, I have emails documenting in details that Mr. [redacted] has NEVER arranged any training nor has he arranged any technician visit.

He mentioned an email that was clear and he knew I never got (the ONLY email he sent I never replied to), when I was emailing to find out what his reply was, he indicated he sent an email about a week prior -- which I then searched to find in junk folder.

Prior to that email, I had already told him days that I am always available in office, for training to be made. If I had a client that I wronged, and delivered broken machine -- let say I send them a mail trying to see if a particular time was okay with them, if I don't get a reply, I will email again, or call the client. He never emailed again about this, he never called my cell phone (which he has), he never call my office, he never called to speak with my office manager -- just an email.... Indicating things on prior emails none of which had been followed through. Also in 5 months, it is hard to believe that it is so difficult to fly someone down to do training according to contract.

Right after delivery as he was working to get a plan to me on how to fix the broken c-arm, he knew we talked about when the technician will come-- again I have all these emails. I gave him dates, he talked about possible dates, and guess what, does days came and went, without any technician coming to train. Lack of training has nothing to do with me not reading an email on time, and has nothing to do with my fault. He has had 5 months -- ask Mr. [redacted] how many times he has called me and said Dr. [redacted], I will be flying my technician to you on Monday, next week, just wanted to let you know. He didn't even have to call me personally to say this, he can just call my office, or my office manager. He know what days I'm in office for training, as I communicated that to him in many emails.

Another incorrect statement made by Mr. [redacted] (which I cannot even call a lie, since he just makes things up to make any argument he likes to make). This was completely made up. I had a contract with a company to supply c-arm services for me along with providing a radiology technologist/technician to shoot the images and operate the c-arm machine. (By the way, this was why timing of delivery mattered to me, and cost me, since it coincided with when the contract was running out, and I didn't want to extend it, and if I paid them per day, it will be at much higher rate, which I had to do). But the incorrect statement made here is that I had been renting a OEC 9600 machine, and hence did not need training. First I never rented an OEC 9600. The c-arm machine I rented was not even an OEC model, talkless of being a OEC 9600. Very shameful that Mr. [redacted] will resort to making one false statement after another.

The problem is that despite Mr. [redacted]'s false statement, that is still not a reason to not provide a service that he promised, that is part of the contract. If I did not need training, why have I been asking for training from the deliver date???? Again it cost less that $300 to purchase a round trip ticket to provide this training.

Mr. [redacted] knows that my office hours is from 8 am - 5 pm M-F. He knows from various email exchanges, and conversation from my office that he is welcome to come anytime. He understands for training, which is the only portion that I must be present for, I am not in office on Tues/Thurs. as I am in the operating room on those days. On Fridays I am doing procedures all day. So he knows for training, any Monday or Wednesday he wants is good for me. He agreed he will call and clear a date with my office, but never have. Weeks go by, we ask him, he states, I will let you know when I have a plan. Another 10 -14 days go by, no word from him, we call and email him, he states again, I will let you know when I have a plan. I have documentation of all this stuff. So lack of training is 100% due to Mr. [redacted].

False Advertisement:1. Regarding False Adversitement, it is clear that Mr. [redacted] and his company advertised, made promises, and failed to live up to contract and promises, and advertisement. Talk and Action are two different things. It's like going to a restaurant and seeing a sign stating "free lunch tomorrow." One can make promises from now till the end of times. Promises, or appologies over and over could keep going for a 100 years. If one has a duty to perform if they mean to perform the duty, they do so in a reasonable amount of time. Over 5 months is NOT reasonable, no matter what the stories are. The reason I printed a copy of his website was because I thought, if was trying to be dishonest and misleading, he might change the content of his website, and then later refer to it stating. See my website, for my refurbishment standards, and then change what's on there, to what he wants it to state after the fact. And in the reply he made with Revdex.com, he went out of his way to do exactly was I suspected, not only change his refurbishment page -- but referring to his current website. Bottomline, I did not get what was advertised, and Mr. [redacted] has failed to fix the problem. He likes to make promises, and make excuses. His last reply to Revdex.com, is in line with what he does, he makes statements of wanting to fix the problem, but then silence, he gets contacted, he states, I will let you know when there is a plan. Never any plan..... None ever followed through.

Review: I need to get in touch with [redacted], owner of C arms USA as soon as possible. Basically what has happened is, we never received a 3 way motion table with the C arm unit we purchased, instead we got a static table in place of because he stated the lease money we got was not enough to cover the cost of the 3 way motion table. I have tried email and phone calls to reach [redacted], as he was the one to set up the paperwork. Can someone help me at least get in touch with him to resolve this. I'm not 100% sure the company is still in business or not.Desired Settlement: I would like to be able to get the unit we were expecting to get as part of the $33,000 we paid him

Business

Response:

First, C-ArmsUSA LLC is no longer in business. Second, the transaction mentioned in the complaint occured over 4 years ago. Third, while I do not have the files in front of me, I am certain of the following:

Contacted vendor and paid for refurbished Philips Pulsera fluoroscopy unit on 12/15/2012. Paid in full sum of $35,500 for fluoroscopy unit as quoted, with 6 month warranty on unit. Received unit on 2/21/2013, delivered, kept plugged in for at least 24 hours as instructed for charging. Upon turning on machine 2 days later, unable to take image. Error message on screen showing "Xray generator unavailable" as well as battery error message. Vendor contacted immediately with photo image of error message. Vendor promised response from their own technician, but has not heard from vendor since last contact. Unable to reach vendor by phone, not responding to messages left numerous times, as well as not responding to emails. Also vendor did not supply FDA Form 2579 which is required by law and required for us to keep on site of fluoroscopy unit. Last response from C-armsUSA was on 3/4/13 as copied below, since then, unable to reach vendor:"Dr. **, It looks to be the batteries assembly has taken a hit, maybe during shipment, not sure. We are working to locate and obtain the battery set now and well ship directly to your location in Southlake and schedule [redacted] to come down when we know the date the batteries are being delivered. Sorry for the inconvenience. This does happen from time to time. Its possible it may only be one of the batteries, but it would take longer and to find out which one than to replace the whole assembly. Michael Alick Managing Member C-ArmsUSA LLC 3255 Warrensville Center Road, Suite 202 Shaker Heights, OH 44122 T 216.751.5974 F 216.803.1967 www.c-armsusa.com "