I hired Adams Balloons to build a special shape back in July We were mislead into signing the contract based on information given to us by Andrew R [redacted] We were told by him that it was to late to be in balloon fiesta as a special shape instead he pulled some strings and got us in as a corporate sponsor We relied on his expertise and knowledge of the business and he stated we would be paid by balloon fiesta to be there and they even cover propane costs and that he would handle fees associated with sponsorshipAfter doing some research we found out this was not the case so we canceled the contract He did not let us out of the contract so we agreed to continue with the understanding the balloon would be built by October 15, He then changed the terms of the contract and wanted proof of funding before he would continue Since then we canceled the balloon and have been dealing with his attorney We asked for half our deposit back and this would be a closed mat
[A default letter is provided here which indicates your acceptance of the business's response If you wish, you may update it before sending it.] Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me We will be meeting with Adams Balloons after Balloon Firsta to sign a new agreement and we will be placing money in escrow to be paid once the completion of the balloon has been verified, at that point we would like to open up a line of communications with Adams Balloons to maintain and manage the balloon for us until we train up our own pilot We originally signed the original contract based on misinformation, we will put that to rest as long as A new agreement is signed and Adams warrantees the balloon and starts to work with usAs Long as this happens we will be satisfied Regards, [redacted]
I hired Adams Balloons to build a special shape back in July We were mislead into signing the contract based on information given to us by Andrew R*** We were told by him that it was to late to be in balloon fiesta as a special shape instead he pulled some strings and got us in as a corporate sponsor We relied on his expertise and knowledge of the business and he stated we would be paid by balloon fiesta to be there and they even cover propane costs and that he would handle fees associated with sponsorshipAfter doing some research we found out this was not the case so we canceled the contract He did not let us out of the contract so we agreed to continue with the understanding the balloon would be built by October 15, He then changed the terms of the contract and wanted proof of funding before he would continue Since then we canceled the balloon and have been dealing with his attorney We asked for half our deposit back and this would be a closed mat
Adams Balloons’s response to
Revdex.com complaint of *** ***
Complaint ID:
***
Complainant:
*** ***
My
Client/Subject of Complaint: Adams Balloons LLC
September 30,
Ladies and
Gentlemen:
I am an
attorney, and I
represent Adams Balloons LLC regarding the subject matter of
this complaint. This is Adams’s response
to the complaint
By way of
background, Adams, as seller, and Mr***, as buyer, entered into a
written contract on or about July 8, 2016, for the manufacture of a hot air
balloon. The contract specified a
delivery date of September 15, 2016. The
parties, by mutual agreement, changed the delivery date to October 15. The balloon was to be built in a “special
shape,” and was intended to be flown at Balloon Fiesta. Persons are paid fees and reimbursed expenses
to fly their special shape balloons at Balloon Fiesta
The total
contract price was $30,000.00. The
contract specified that the buyer was to pay $5,upon signing the
contract, and an additional $5,by August 10, 2016. To date, Mr*** has paid $8,
toward the contract price. During
August, Mr*** made several verbal committments to pay the additional
$2,000.00, but never actually made any payment
Nevertheless,
Adams ordered, from its supplier, the fabric from which to construct the
envelope of the balloon. The cost of the
fabric is $12,000.00. Because this
balloon was to be made into a special shape to represent a particular and
unique object, Adams ordered a custom color for the fabric. Because it is a custom color, the order is
not refundable. Consequently, Adams is
now committed to spending $12,to manufacture the balloon at a time that
Mr*** is not in compliance with the contract
Accordingly,
and because Mr*** had not paid the full amount of the downpayment, on
August 31, 2016, Adams, through my office and in accordance with New Mexico
Uniform Commercial Code Section 55-2-609, advised Mr*** that Adams had
reasonable grounds for insecurity regarding his continued ability to meet the
obligations of the contract. Adams
advised Mr*** that it would suspend work on the balloon until he
completed the downpayment and submitted proof that he had funds available to
pay the balance of the purchase price.
To date, Mr*** has not completed the downpayment, and has not
provided proof of ability to complete the contract payments
In his
complaint, Mr*** states that he was misled, and provided with
information. Adams disagrees with this
assertion. Mr*** states that
Adams told him that it was too late to enter Balloon Fiesta as a special
shape. However, at the time Adams
advised this, it was a true statement.
Also, at that time, it was not too late to enter Mr*** as a
corporate sponsor. Adams arranged to
have him entered as a corporate sponsor, and Adams paid Mr***’s
$3,Balloon Fiesta entry fee. None
of the activities regarding entry into Balloon Fiesta were part of the contract
to manufacture the balloon
In all, Adams
believes that it has acted appropriately in this matter. This is a business-to-business contract for
the manufacture of a commercial product.
Mr*** is not entitled to a refund for several reasons. First, Mr*** breached the contract by
not completing the downpayment within the time specified. Second, Adams incurred significant expenses
in reliance on Mr***’s obligations in the contract and in anticipation
of building the balloon to the contract schedule. Third, Adams made a request for assurances of
performance that was reasonable under the circumstances and in accordance with
law. Since that request, Adams has
advised Mr*** twice that it is ready, willing, and able to build the
balloon. Unfortunately, because the
assurances never came, the parties are in the present position
/s/ *** *
***
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. We will be meeting with Adams Balloons after Balloon Firsta to sign a new agreement and we will be placing money in escrow to be paid once the completion of the balloon has been verified, at that point we would like to open up a line of communications with Adams Balloons to maintain and manage the balloon for us until we train up our own pilot. We originally signed the original contract based on misinformation, we will put that to rest as long as A new agreement is signed and Adams warrantees the balloon and starts to work with us. As Long as this happens we will be satisfied.
Regards,
[redacted]
I hired Adams Balloons to build a special shape back in July We were mislead into signing the contract based on information given to us by Andrew R [redacted] We were told by him that it was to late to be in balloon fiesta as a special shape instead he pulled some strings and got us in as a corporate sponsor We relied on his expertise and knowledge of the business and he stated we would be paid by balloon fiesta to be there and they even cover propane costs and that he would handle fees associated with sponsorshipAfter doing some research we found out this was not the case so we canceled the contract He did not let us out of the contract so we agreed to continue with the understanding the balloon would be built by October 15, He then changed the terms of the contract and wanted proof of funding before he would continue Since then we canceled the balloon and have been dealing with his attorney We asked for half our deposit back and this would be a closed mat
[A default letter is provided here which indicates your acceptance of the business's response If you wish, you may update it before sending it.] Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me We will be meeting with Adams Balloons after Balloon Firsta to sign a new agreement and we will be placing money in escrow to be paid once the completion of the balloon has been verified, at that point we would like to open up a line of communications with Adams Balloons to maintain and manage the balloon for us until we train up our own pilot We originally signed the original contract based on misinformation, we will put that to rest as long as A new agreement is signed and Adams warrantees the balloon and starts to work with usAs Long as this happens we will be satisfied Regards, [redacted]
I hired Adams Balloons to build a special shape back in July We were mislead into signing the contract based on information given to us by Andrew R*** We were told by him that it was to late to be in balloon fiesta as a special shape instead he pulled some strings and got us in as a corporate sponsor We relied on his expertise and knowledge of the business and he stated we would be paid by balloon fiesta to be there and they even cover propane costs and that he would handle fees associated with sponsorshipAfter doing some research we found out this was not the case so we canceled the contract He did not let us out of the contract so we agreed to continue with the understanding the balloon would be built by October 15, He then changed the terms of the contract and wanted proof of funding before he would continue Since then we canceled the balloon and have been dealing with his attorney We asked for half our deposit back and this would be a closed mat
Adams Balloons’s response to
Revdex.com complaint of *** ***
Complaint ID:
***
Complainant:
*** ***
My
Client/Subject of Complaint: Adams Balloons LLC
September 30,
Ladies and
Gentlemen:
I am an
attorney, and I
represent Adams Balloons LLC regarding the subject matter of
this complaint. This is Adams’s response
to the complaint
By way of
background, Adams, as seller, and Mr***, as buyer, entered into a
written contract on or about July 8, 2016, for the manufacture of a hot air
balloon. The contract specified a
delivery date of September 15, 2016. The
parties, by mutual agreement, changed the delivery date to October 15. The balloon was to be built in a “special
shape,” and was intended to be flown at Balloon Fiesta. Persons are paid fees and reimbursed expenses
to fly their special shape balloons at Balloon Fiesta
The total
contract price was $30,000.00. The
contract specified that the buyer was to pay $5,upon signing the
contract, and an additional $5,by August 10, 2016. To date, Mr*** has paid $8,
toward the contract price. During
August, Mr*** made several verbal committments to pay the additional
$2,000.00, but never actually made any payment
Nevertheless,
Adams ordered, from its supplier, the fabric from which to construct the
envelope of the balloon. The cost of the
fabric is $12,000.00. Because this
balloon was to be made into a special shape to represent a particular and
unique object, Adams ordered a custom color for the fabric. Because it is a custom color, the order is
not refundable. Consequently, Adams is
now committed to spending $12,to manufacture the balloon at a time that
Mr*** is not in compliance with the contract
Accordingly,
and because Mr*** had not paid the full amount of the downpayment, on
August 31, 2016, Adams, through my office and in accordance with New Mexico
Uniform Commercial Code Section 55-2-609, advised Mr*** that Adams had
reasonable grounds for insecurity regarding his continued ability to meet the
obligations of the contract. Adams
advised Mr*** that it would suspend work on the balloon until he
completed the downpayment and submitted proof that he had funds available to
pay the balance of the purchase price.
To date, Mr*** has not completed the downpayment, and has not
provided proof of ability to complete the contract payments
In his
complaint, Mr*** states that he was misled, and provided with
information. Adams disagrees with this
assertion. Mr*** states that
Adams told him that it was too late to enter Balloon Fiesta as a special
shape. However, at the time Adams
advised this, it was a true statement.
Also, at that time, it was not too late to enter Mr*** as a
corporate sponsor. Adams arranged to
have him entered as a corporate sponsor, and Adams paid Mr***’s
$3,Balloon Fiesta entry fee. None
of the activities regarding entry into Balloon Fiesta were part of the contract
to manufacture the balloon
In all, Adams
believes that it has acted appropriately in this matter. This is a business-to-business contract for
the manufacture of a commercial product.
Mr*** is not entitled to a refund for several reasons. First, Mr*** breached the contract by
not completing the downpayment within the time specified. Second, Adams incurred significant expenses
in reliance on Mr***’s obligations in the contract and in anticipation
of building the balloon to the contract schedule. Third, Adams made a request for assurances of
performance that was reasonable under the circumstances and in accordance with
law. Since that request, Adams has
advised Mr*** twice that it is ready, willing, and able to build the
balloon. Unfortunately, because the
assurances never came, the parties are in the present position
/s/ *** *
***
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. We will be meeting with Adams Balloons after Balloon Firsta to sign a new agreement and we will be placing money in escrow to be paid once the completion of the balloon has been verified, at that point we would like to open up a line of communications with Adams Balloons to maintain and manage the balloon for us until we train up our own pilot. We originally signed the original contract based on misinformation, we will put that to rest as long as A new agreement is signed and Adams warrantees the balloon and starts to work with us. As Long as this happens we will be satisfied.
Regards,
[redacted]