Brasure's Pest Control Inc.

Our office represents Brasure's Pest Control, IncPlease treat this letter as Brasure's Pest Control, Inc.'s response to the complaint filed by *** ***.In reviewing the complaint filed by Mr*** he omitted one very important fact: Prior to the acceptance of the contract by Mrand Mrs
***, Mr*** called my client on September 16, and was told about the price differenceMr*** indicated to my client in the September 16th phone call that he was going to place the proposal in the mail that day and was not interested in a revised proposal indicating the correct price Mrand Mrs*** were aware of the error in the price quoted in the proposal prior to their acceptance of this proposal Therefore, before Mrand Mrs*** put in the mail the signed proposal, they were aware of the mistake in the price, and then with full knowledgeof this mistake in price, Mrand Mrs*** placed the signed contract in the mailMy client did not receive the signed proposal back from Mrand Mrs*** until September 24th The notes added to the first page of the proposal "signed 9/15/15" "mailed 9/16/15" are efforts by Mrand Mrs*** to attempt to incorrectly state when the proposal was actually accepted and signed.I am enclosing the business records/computer notes that my client keeps in the course of business indicating that they had this discussion with Mr*** prior to his acceptance of the proposal on September 16, as our Exhibit "A" indicating Mr*** has failed to disclose this very important fact, that he was aware of the price increase and mistake in the price terms prior to the acceptance of this proposal.It is our position that although Brasure' s Pest Control, Incsubmitted a proposal to Mrand Mrs*** in June 2015, they had a right to modify that proposal including the price terms prior to acceptance by Mrand Mrs*** Mr*** in his complaint to your office omitted this very important fact, that he had knowledge of the error in the proposal as to price term prior to the acceptance and return of the proposal to my client.It is also our position that if Mr*** believes that a contract exists between the parties, he does have a civil remedy, Binding ArbitrationIn the attached proposal (our exhibit "B") Mrand Mrs*** initialed the term which states:6.BINDING ARBITRATION: In the event of any dispute between BRASURE'S PEST CONTROL, INCand the PROPERTY OWNER ORAGENT arising out of or relating to this Agreement, the parties hereby expressly agree to submit their dispute in binding arbitration in Georgetown, DE for resolution in accordance with the rules and requirements of the American Arbitration Association.We believe that their filing of this action with your office is premature, as they do have a remedy at law, which is binding Arbitration in Georgetown, Delaware to submit and resolve any dispute they have with my client.In summary, it is our postion that:INo contract exists between Mrand Mrs*** and Brasure's Pest Control in that they were aware of the error in the price term in the proposal before their acceptance of the proposal.If a contract exists, they have an adequate remedy in law, Binding Arbitration, which they acknowledged and initialed in item of the proposal which will give them the opportunity to seek any relief against my client

Our office represents Brasure's Pest Control, IncPlease treat this letter as Brasure's Pest Control, Inc.'s response to the complaint filed by *** ***.In reviewing the complaint filed by Mr*** he omitted one very important fact: Prior to the acceptance of the contract by Mrand
Mrs***, Mr*** called my client on September 16, and was told about the price differenceMr*** indicated to my client in the September 16th phone call that he was going to place the proposal in the mail that day and was not interested in a revised proposal indicating the correct price Mrand Mrs*** were aware of the error in the price quoted in the proposal prior to their acceptance of this proposal Therefore, before Mrand Mrs*** put in the mail the signed proposal, they were aware of the mistake in the price, and then with full knowledgeof this mistake in price, Mrand Mrs*** placed the signed contract in the mailMy client did not receive the signed proposal back from Mrand Mrs*** until September 24th The notes added to the first page of the proposal "signed 9/15/15" "mailed 9/16/15" are efforts by Mrand Mrs*** to attempt to incorrectly state when the proposal was actually accepted and signed.I am enclosing the business records/computer notes that my client keeps in the course of business indicating that they had this discussion with Mr*** prior to his acceptance of the proposal on September 16, as our Exhibit "A" indicating Mr*** has failed to disclose this very important fact, that he was aware of the price increase and mistake in the price terms prior to the acceptance of this proposal.It is our position that although Brasure' s Pest Control, Incsubmitted a proposal to Mrand Mrs*** in June 2015, they had a right to modify that proposal including the price terms prior to acceptance by Mrand Mrs*** Mr*** in his complaint to your office omitted this very important fact, that he had knowledge of the error in the proposal as to price term prior to the acceptance and return of the proposal to my client.It is also our position that if Mr*** believes that a contract exists between the parties, he does have a civil remedy, Binding ArbitrationIn the attached proposal (our exhibit "B") Mrand Mrs*** initialed the term which states:6.BINDING ARBITRATION: In the event of any dispute between BRASURE'S PEST CONTROL, INCand the PROPERTY OWNER ORAGENT arising out of or relating to this Agreement, the parties hereby expressly agree to submit their dispute in binding arbitration in Georgetown, DE for resolution in accordance with the rules and requirements of the American Arbitration Association.We believe that their filing of this action with your office is premature, as they do have a remedy at law, which is binding Arbitration in Georgetown, Delaware to submit and resolve any dispute they have with my client.In summary, it is our postion that:INo contract exists between Mrand Mrs*** and Brasure's Pest Control in that they were aware of the error in the price term in the proposal before their acceptance of the proposal.If a contract exists, they have an adequate remedy in law, Binding Arbitration, which they acknowledged and initialed in item of the proposal which will give them the opportunity to seek any relief against my client