Hey Shinoo come on out and play.....I'm sure everyone would like to hear your bullshit excuse....
Moderator: moderator
You will continue to get quarterly checks that should amount to more than you asked for. We have some great ideas that should help gain us even more sales.
Shinno Mapelton
ronin wrote:Yo Shinno/Sector111 maybe you forgot this : Oct 5 2007it seems obvious that payment of the royalty fees owed me and the execution of the non-disclosure agreement are two separate matters and are in no way inter-dependent.
As you know, we reached our royalty arrangement back in June, 2007. At that time, you promised to pay me $100 per super-charger kit sold with no term limit. I promised to provide you with my technical support on future stages of the kit to the extent you wished my assistance. There was never any mention of a non-disclosure agreement and that payment of my royalty fees was contingent on any such agreement. Rather, our arrangement was a simple one that called for payment to be made to me for each kit sold at the time Sector made the sale. We shook hands, had diner and we looked forward to a mutually beneficial business relationship. To date, I have not received a single payment.
Shinoo, I very much respect you and consider you a friend -- our friendship is important to me. I also believe that you are a very honorable and trustworthy person. With that in mind, I'm respectfully requesting that you honor your commitment and send the monies owed me. That is really the only fair thing to do at this time.
I look forward to discussing and negotiating the non-disclosure agreement with you at a later date, but only after I receive my initial royalty payment, which is long over due. I believe that it is in our mutual best interests to resolve this matter amicably without the need to resort to legal proceedings. I hope you and Sector 111 share my sentiments in this regard.
Regards,
Frank
Now I recived only two royalty checks shortly after.......
When both parties perform based on the terms of the oral agreement, it can be established that even though the agreement was not in writing, there was an acceptance as to the terms. The two checks can be used as evidence to establish the existence of the agreement, so all is not lost. You also have evidence in writing of a commitment to proceed with the terms of the agreement, so this will help too.
Now since your agreement is not in writing, your recovery may be limited to any products that you have not been paid for any compensation you were entitled for the services rendered. So although you can sue, what you may recover could be limited to the current amounts due. Hope this makes sense.
ronin wrote:Yo Shinno Mapelton owner of Sector 111 ya still have my address right ? ....... I keep lookin and still no check....
MaineLotus wrote:ronin wrote:Yo Shinno Mapelton owner of Sector 111 ya still have my address right ? ....... I keep lookin and still no check....
Frank, hate to break bad news to you. I wouldn't expect to find a S111 check in your mailbox today.
I don't even understand what all happened with those guys and I was within arms reach of much of it. Nevertheless, you can bet there's more than one side to this story. If there was a contract and it were reasonably well written, chances are that Frank would have broken it with his forum antics... This is such an old issue (about a year old) that it's funny he even brought it back up. Too bad statutes of limitations doesn't apply here... Perhaps the tough economy has him (frank) reviewing some of his actions over the past several years???
Best,
Phil
On Jan 27, 2009, at 8:33 AM, Phil <phil@boefabrication.com> wrote:
Man I don't know what to say about the whole biz with Shinoo and you guys. CW explained all that stuff to me the other day. I didn't want to believe it when I heard the fragments before. I still don't want to, but it's sounding more real... Shit, I don't know... It was CW's email to me explaining that situation that had me reviewing all the events of the past...
MaineLotus wrote:You and Charlie are banned from Sector? Wonder what would happen if you placed a Sector 111 order?
Frank,
As I had stated to you last year, I no longer maintain a professional or personal relationship with you. I have no intention of sending you parts - whether you pay for them or not.
Your slanderous approach to me and Sector111 have made it untenable for me to even consider any type of relationship.
Best regards,
Shinoo Mapleton
Sector 111, LLC
41740 Enterprise Cir. N. Ste 101
Temecula, CA 92590
#60 (permalink)
khamai
--Moderator--
Thread closed.
The discussion is bordering on personal attacks. There is no signs of a meaningful conclusion.
Kiyoshi
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