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Review: Dr. [redacted] notified you in writing on June 22, 2015 and July 27, 2015 by certified mail, in a good faith attempt to resolve the matter below. However, to date a response has not been received by Dr. [redacted].

On March 3, 2015, Jay [redacted], [redacted] Manager, demoed the iTero Scanner for Dr. [redacted], her husband and five employees of [redacted] Orthodontics. During this demo, Dr. [redacted] specifically asked Jay if a newer scanner would be introduced soon, replacing the iTero Jay was demoing, and Jay emphatically stated no. Dr. [redacted] explained to Mr. [redacted] in the presence of the other attendees why she was asking this question. Dr. [redacted] stated she had another incident where her office relied on the rep’s representations and ultimately purchased a piece of equipment that became dated within weeks. Dr. [redacted] followed this dialogue with Jay by asking will a newer iTero come out at the AAO and Jay stated no. Jay continued by saying that in the event a newer scanner came out, we could “swap out” the scanners. Dr. [redacted]’s husband and all the employees in attendance heard the above conversation. Since this incident, it has come to our attention Dr. [redacted] isn’t the first victim of Jay’s false representations regarding the iTero scanner.

Given the nature of this line of questioning by Dr. [redacted], it is obvious that Jay’s answers were material to the decision to purchase the scanner and that Dr. [redacted] would not have made the decision to purchase until the newer scanner became available. Jay had numerous opportunities during the demo and negotiations to disclose his knowledge of the newer scanner or make a reasonable attempt to discover when the iTero Element would be available. Dr. [redacted] remarked that she was in no rush to purchase a scanner and willing to wait for the newer model. Again, Jay denied the existence of a newer model. Relying on Jay’s statements, Dr. [redacted] moved forward with the purchase to her detriment.

After numerous emails with Jay, during which time he had an opportunity to disclose his knowledge of the newer scanner, on March 5, 2015, a partially executed contract was delivered to Jay via email. Between March 5, 2015 and March 9, 2015, Jay and Dr. [redacted]’s husband continued to correspond regarding the transaction during which time Jay had yet again another opportunity to disclose his knowledge of the newer scanner knowing Dr. [redacted] wanted to wait if a newer scanner would be available.

In late April, Dr. [redacted] received marketing material in her email account regarding the iTero Element. After researching the newer scanner, Dr. [redacted] found a release published on March 10, 2015, announcing the release of a next generation scanner at an event in Germany. After attempting to contact Jay about his false representations, Dr. [redacted] learned Jay had been terminated for similar incidences. And, after numerous conversations and eventually un-returned phone calls to the new representative and area manager concerning this matter, Dr. [redacted] has no additional options but to pursue her claims through any means available.



Finally, in a final good faith attempt to resolve this matter, please forward to [redacted] Orthodontics, PLLC, as full and final payment of the agreed upon discount amount of $5,000.00, or as an alternative to this monetary demand, Dr. [redacted] would agree to discuss upgrading to the iTero Element at no cost.

Dr. [redacted] works to support the Invisalign brand by offering it through her office and encouraging colleagues to offer it as well. Spending over $20,000.00 for a scanner is further confirmation of her support of the brand. However, it was her intent to have the best Cadent/Align had to offer and for you to evade Dr. [redacted]’s attempt to resolve this matter amicably at little to no cost to you, is not a sincere appreciation for this degree of loyalty.Desired Settlement: Full and final payment of the agreed upon discount amount of $5,000.00, or as an alternative to this monetary demand, Dr. [redacted] would agree to discuss upgrading to the iTero Element at no cost.

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Description: Medical Equipment & Supplies

Address: 640 Gotham Pky, Carlstadt, New Jersey, United States, 07072

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