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Richard, Attorney
Category: Business Law
Satisfied Customers: 53695
Experience:  32 years of experience practicing law and a businessman.
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I sent a pc circuit board to a company to replicate. Sent

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I sent a pc circuit board to a company to replicate. Sent an email asking if they could replicate the sample board I sent them and Got a return email stating yes we can replicate this pcb. After much delay we received a blank pc board and was told they could not make the complete board, we do not assemble them. HAD HE TOLD US THAT up UP FRONT WE WOULD HAVE MOVED ON AND FOUND SOMEONE THAT COULD MAKE THE COMPLETE BOARD, BUT TO ME REPLICATE MEANS COMPLETE REPRODUCTION. They said we would have to take it to a company he recommended and they would finish it but would charge us for it.
When we questioned the salesman who told us he could replicate, he sent an email trying to deny and new he was wrong as he stated he had put his company CEO on notice that we were unhappy. I thinK that is admitting guilt. I called the CEO who was beligerant and a real idiot and he told me replicate could mean anything he wanted it to. He caused us a big delay and money to get it made elsewhere. Then he turned his charges over to a collection agency that will cause a lot of harm if this hurts credit in any way. What should I do? It is only $650.00 but it is not right.
My question is, we asked by email if they could "replicate" the pcb and got an email answer, "Yes, we can replicate this PCB". Now we have a partial pcb that will not work with having another company complete it.
I thought the definition of replicate was to make an identical version of something repeatedly and exactly, or do something again in exactly the same way
Be done again: to undergo a repetition or reproduction
I called the CEO but he defends the salesman
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. This is what I would do if I were you. First, since it's easier to prevent the report to the credit agencies than remove it, I would pay the $650 so they have no basis for making the bad credit report. Alternatively, you can not pay the $650 and send this same letter with the warning that if they make any negative credit report on you, you will also include a suit for defamation. Second, I would send them a letter by certified mail detailing the history, informing him of the definition of replication (Verb: Make an exact copy of; reproduce; Noun: A close or exact copy; a replica) demanding that they refund your money in total within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a suit against them for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as a deceptive trade practice action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.

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Thanks for following up. Since they are doing business with you, you can take the position that they are doing business in Texas and thus can be sued in Texas. It may be that the judge will rule otherwise, but it's worth a try. If the judge says no, you would need to file in Illinois, but you can either file this online in most of these courts, and if the Illinois court will not allow it, you can have someone file it for you and you would only need to attend the hearing itself. But, in my experience, the most you are going to have to do is file the suit to get them to settle because they will want to avoid the possibility of a deceptive trade practice judgment against them. So, most likely, once they get served, they will settle this with you.
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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!

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