Vytek

Paying for excess power for the machine and the chillerVytek, however, never sent a representative to the Dubai Expo but cancelled at the last minute. See 1/5/15 email from [redacted] to [redacted] re RE: Dubai Visit, attached as Ex. 9. Mr. [redacted] claimed to have a "critical meeting... during the week of the show" that could not be cancelled and that the "main applications person will be out for another month. " Id. Both claims ring hollow. With respect to Mr. [redacted] supposed "critical meeting, " he knew about Vytek's commitment to the Dubai Expo since August 2014. I doubt this critical meeting was scheduled in August 2014, but even assuming it was, there was more than enough time to re-schedule this meeting so that Mr. [redacted] could fulfill Vytek's promises to [redacted] Furthermore, it is unclear whether [redacted] is the "main applications person" referenced, but [redacted] was never informed that Mr. [redacted] could not attend the Dubai Expo. Instead, vague concerns were expressed regarding general security statements made by the U. S. State Department about traveling to the United Arab Emirates. See 12/17/14 email from [redacted] to [redacted] re More info on Americans traveling to Dubai, attached as Ex. 10. However, the U. S. State Department has not issued any Travel Alerts or Warnings regarding traveling to the United Arab Emirates.

Also, these vague security concerns were only raised after [redacted] objected to paying the exorbitant budget proposed by Vytek for fulfilling Representation No. 2. See 12/11/14 email from [redacted] to [redacted] re RE: Vytek Customer Support, attached as Ex. 11; see also supra at August 2014 Visit to Vvtek. Prior to the objection, Mr. [redacted] never expressed any security concerns about sending Vytek's service people to Dubai in August 2014 when trying to convince [redacted] to purchase the Laser. In addition to avoiding the Dubai Expo, Vytek also did not timely deliver promised samples for use at the Dubai Expo. See Ex. 9, 1/5/15 email from [redacted] to [redacted] re Dubai visit ("I think the best way forward is to show the system with sample cuts that were actually made with the L-Star...) . But the samples were not couriered until January 9, 2015 and arrived in Dubai one day after the Dubai Expo ended. See 1/14/15 email from [redacted] to [redacted] @vy-tek.com re reg installation for the L Star laser machine, attached as Ex.12. Hence, Vytek provided absolutely no support to [redacted] at the Dubai Expo despite Representation No. 2 in August 2014. Vytek's Failure to Timely Help Install the Laser and the Laser's Failure to Cut Properly The Laser was shipped C. I. F. to [redacted] around November 12, 2014 and [redacted] paid the remaining balance of $82,595.50 on November 11, 2014. The Laser arrived at [redacted] facilities in Dubai on January 10, 2015. After arrival, the Laser sat at [redacted] facilities in Dubai because [redacted] was waiting for the promised on-site installation training from Vytek. See Representation No. 3, supra at August 2014 Visit to Vytek; Ex. 1 Vytek Invoice at No. 18; Ex. 6, 12/20/14 email from [redacted] to [redacted] re Cutting Chart ("We expect that Mr. [redacted] or Mr. [redacted] will visit us to oversee and train us in installation. ") ; See also 1/16/15 email from [redacted] to [redacted] re RE: training ("We need somebody in person to come over here and guide us in installation. ") , attached as Ex. 13. Vytek ignored its promises and [redacted] pleas and told [redacted] to "try to use the machine as it really takes practice... ry to make more samples with the knowledge the techs have and then he will come or send over [redacted] to help you. " See 1/21/15 email from [redacted] to [redacted] .com re follow-up, attached as Ex. 14. [redacted] was still uncomfortable trying to install the Laser and waited until it became apparent that Vytek was not going to send anyone to help. [redacted] turned on the Laser on February 28, 2015 and it started smoking. See 2/28/15 email from [redacted] .com to [redacted] @vy-tek.com re Vytek Laser machine failure, attached as Ex. 15. After sending parts to repair the Laser, Vytek finally sent a technician, [redacted] to help [redacted] with "metal cutting and to help [redacted] learn the new metal cutting head assembly. " See 2/28/15 email from [redacted] to [redacted] re RE: Vytek Laser machine failure, attached as Ex. 15. Vytek billed [redacted] $5,000 USD for Mr. [redacted] trip. See March 5, 2005 Pro Forma Invoice, attached as Ex. 16. Mr. [redacted] stayed in Dubai from March 16, 2015 until March 20, 2015 ("March 2015 Visit") and helped [redacted] properly install the Laser. Mr. [redacted] also tried to show [redacted] how to cut metal at the thicknesses promised in Representation No.1 and the Cutting Chart. Mr. [redacted] failed, however, and the Laser was unable to satisfactorily cut various metals and materials at anywhere near the promised thicknesses. See March 20th 2015 Field Report, attached at Ex. 17. Instead, Mr. [redacted] was only able to cut 1.2 mm of stainless steel, with a small amount of unsatisfactory burr, and 2 mm of mild steel with quality. Id. at "Problem Reported" and handwritten notes at the bottom of the page. These cuts are completely unsatisfactory and far below the thickness and quality that were promised to [redacted] in August 2014 and on the Cutting Chart. See Representation No. 1, supra at August 2014 Vytek; Cutting Chart, Ex.3. If [redacted] had known that the Laser could only satisfactorily cut less than 1.2 mm of stainless steel and 2 mm of mild steel, it would never have purchased the Laser or sought to have [redacted] become Vytek's dealer in the Region. [redacted] Attempts to Get a Refund After the March 2015 Visit, [redacted] attempted to return the Laser to Vytek and, at the very least, have Vytek refund its payment. See Ex. 17, "Customer Comments" ("We need Vytek to return our payments and ship the LSTAR back to [redacted] to resolve and fix the cutting issues. ") . Vytek refused but instead tried to convince [redacted] to purchase a more expensive laser or add additional applications. SeeMarch 27, 2015 email from [redacted] to [redacted] re RE: Laser-Cutting Machine ("So to be clear I am not returning the money for the machine I am willing to work with you to get the system functional and add some additional features... I will update you next week with our plan") , attached as Ex. 18. But [redacted] did not want to pay additional money to Vytek for capabilities that were supposed to be present in the Laser and simply wanted reimbursement for the time, money, and effort expended by [redacted] in connection with purchasing the Laser. See March 30, 2015 email from [redacted] to [redacted] @vy-tek.com re Re: Laser Cutting Machine ("Not returning is just not an option you can take considering the facts and all the time and money we have lost") , attached as Ex. 19. Vytek did not refund [redacted] money (or provide the promised "update next week with our plan") , so [redacted] hired a Massachusetts attorney to demand payment from Vytek. See May 5, 2015 Demand Letter from [redacted] to [redacted] ("Demand Letter") , attached (without exhibits) as Ex. 20. The Demand Letter was signed for by [redacted] , Vytek's controller, on May 6, 2015, see May 6, 2015 Delivery Receipt, attached as Ex. 2 1, but Vytek never responded. On June 22, 2015, I again called Mr. [redacted] to try and resolve this problem and get a refund for the Laser. During our conversation, Mr. [redacted] pretended to have no knowledge of the Demand Letter, falsely claimed to have sent several e-mails, invented facts about the past history of the Laser, and tried again to sell us a more expensive laser. Later that evening Mr. [redacted] sent an e-mail that summarized some of the points that he made in the phone call, which include claiming that the Laser must be broken, Vytek is developing a nitrogen attachment that will solve the cutting problems, and trying sell Vytek its more expensive Fibercab lasers. See June 22, 2015 Letter from [redacted] to [redacted] RE RE RE Laser Cutting Machine, attached hereto as Ex. 22. At this point, however, [redacted] is sick of Vytek's lies and misrepresentations and simply wants reimbursement from Vytek for all of the costs it has spent in connection with relying on the Representations and purchasing the LaserRemedies Since [redacted] encountered Vytek in April 2014, Vytek has engaged in numerous misrepresentations and broken promises about the capabilities of L-Star Lasers and the relationship and services it would provide to [redacted] To date, [redacted] has never seen a L-Star Laser cut materials at the thicknesses promised by Mr. [redacted] in August 2014, on the Cutting Chart, and in numerous communications. These misrepresentations and broken promises are in direct violation of the Revdex.com's accreditation standards. See Revdex.com Code of Business Practices Nos. 2, 3, and 5 at

Unfortunately, [redacted] relied on Vytek's misrepresentations and expended significant time, effort, and funds to purchase the Laser and market Vytek's products in the Region. A brief overview of these expenditures and losses, including expected expenditures to send the Laser back to Vytek are summarized below: EXPENDITURE AMOUNT SPENT (USThAugust 2014 Trip to Vytek Facility $5,000.00Payment for the Laser $160,601.00Shipping Clearing Charges at Port $1500.00December Training for Engineers $7500.00Marketing Spent in Region and at Dubai Expo $20,000.00 [redacted] Loss of Good Will in Region $15,000.00Payment for [redacted] to Visit Dubai $5,000.00Estimated Cost of Installing Demo Center for Laser $12,000.00Estimated Cost to Ship Laser back to Vytek $5,000.00TOTAL [redacted]

Desired Settlement
As a result of Vytek's misrepresentations and the utter failure of the Laser to adequately cut materials at the promised thicknesses, [redacted] wants Vytek to accept the return of the Laser and provide a full refund for the Laser and payment for the total amount of money that has been or will be lost due to Vytek's gross misrepresentations: $ [redacted] is prepared to pursue all legal action available to it, which includes, but is not limited to, filing a claim under M. G. L. c. 93A for unfair and deceptive trade practices, which can include an award of treble damages and attorney's fees for Vytek's egregious behavior. However, since Vytek is an accredited member of the Revdex.com ("Revdex.com") , [redacted] thought it might be beneficial to give Vytek one more opportunity to resolve this dispute without an expensive court fight and make use of the Revdex.com's complaint procedure to warn other businesses about Vytek's unscrupulous and unfair business practices. I look forward to hearing from the Revdex.com with a successful resolution of this matter. [redacted] reserves all rights in connection with this matter, including, but not limited to fully prosecuting this case against Vytek in Massachusetts state or federal courts or arbitration if Vytek is amenable. Since I am located in [redacted] and mail service is slow, please forward all communications to me at my email address: [redacted] .com and to [redacted] attorney at the following address: [redacted] LLC [redacted] MA XXXXX [redacted].com. Sincerely yours, [redacted]

Industries Enclosures Business Response
In response to the complaint made by [redacted] and [redacted] Industries: [redacted] solicited Vytek and represented themselves as experienced dealers selling laser equipment and that they wanted to be full-fledged dealers including sales, service and training in Dubai and have an exclusive relationship. They were to receive training by Vytek at the Vytek facility and provide experienced personnel to learn both software and hardware of the systems. This training was also to include their technical manager [redacted] whom we met several times prior to [redacted] deciding to purchase a demonstration system and to become dealers. When it came time for training we were surprised to learn that Mr. [redacted] would not be present as promised and instead two other individuals one who did not speak English and one with limited English arrived to be trained instead. Neither of these individuals had laser experience as we were told and had never used a high power laser cutting system before. Mr. [redacted] became personally involved showing them various cutting capabilities at which point we learned they only really wanted to cut Stainless steel for a specific customer and that in fact this system was not a dealer demo system but planned for this customer. For the first time they described what they wanted and with a specific edge type. I had personally explained in advance to both Mr. [redacted] and Mr. [redacted] that the L-Star was designed to cut Stainless steel ONLY with Oxygen and would leave a brown edge. We took additional steps to try and assist [redacted] with their goals and provided free of charge additional accessories to help however by this time they had damaged the machine by applying the wrong power source and damaging the electronics. While we have replaced some of the components at NO cost to them they do not have the experience to assist us with further diagnostics to determine if in fact a problem still exists. They have become nasty and threatening claiming our equipment cannot do what it was intended to do and now are unwilling to be a part in resolving their issuesClaim 1. Failure to Attend the Dubai Expo or Send Samples1.

The machine arrived in time for the show. They opted not to bring it. We had given them several options to ship the machine in November. They chose to send it ocean freight rather than by air. It arrived on January 4 and they were notified by January 6 by the broker that it was there. It was signed for by [redacted]

2. There was communication back and forth regarding our attendance at the show which was never a condition of the sale. They requested that Mr. [redacted] our [redacted] to be in attendance. Mr. [redacted] discussed this directly with them and all agreed that they would attend the show without a representative from Vytek and display the equipment and show the sample materials we would provide them. At a cost in excess of $1500 Vytek did send samples overnight from [redacted] MA to Dubai and in time for their show. However they never retrieved the samples from the shipper and they remained in the custody of their custom brokerage firm, unclaimed for the entire duration of the show.

Claim 2. Failure to Timely Help Install the Laser and the Laser's Failure to Cut Properly1. Installation was not an intended for a trade show but to bring a new dealer online.
2. After training, [redacted] reached out only 3 times directly to the service and support department. The 1st issue reported to the service department was through the sales department even though they were told at training that they were to email [redacted] @vy-tek.com or to call and speak with members of the service department should they have any issues. Our sales staff are not equipped to handle service calls.

3. Each time the service department was contacted, there was an immediate response and a complete resolution within 2 weeks including the onsite visit.

4. [redacted] disregarded our written set up instructions and the clear markings on the system name plate and applied the wrong electrical power source to the machine. This resulted in severe damage to the machine. In spite of this fact we made every attempt to repair the machine at NO CHARGE. However due the distance and time before our trainer was to depart for Dubai we could not confirm the machine was fully repaired.

5. As a point of fact at the time we were considering employees to travel to Dubai the State department was issuing warnings that white Americans were being targeted and murdered. [redacted] is a dark skinned employee who was willing to travel to Dubai in spite of the warnings. He normally works on the Fiber systems which was explained to [redacted] They wanted someone immediately.

6. Prior to [redacted] 's arrival, they were instructed what to have on hand [redacted] was not able to provide adequate materials or gases for the cutting process during our visit to their facility until several days after Vytek staff arrival. We continue to be available to support [redacted] and their staff.