The original sale/contract was very brief and nothing about the ECOMBAT policies, jurisdictions, or other terms were discussed other than what I had them write on the invoice itself, at the bottom. The contract included a payment schedule: $13K due at time of placing the order, $18,824.90 due at the time the equipment was shipped from factory, and $2K due when shipping the new software/hardware upgrades (with the quote "3-9 mos?") written.That initial payment of $13K was made in early 2015. The second payment was made in May 2015 and done through a new invoicing tool they implemented some time between those two payments. They started attaching a "STANDARD TERMS & CONDITIONS OF SALE" 1-page .doc file to Emails that contained invoice notifications out of Quickbooks starting in May 2015. That is when the USA distributor, whom is the only ECOMBAT distributor in North America and located in Massachusetts, changed over his business to using Quickbooks.It's so discrete that I didn't even notice it until some time in 2016. There was even an email exchange about it so I could find the exact date that he first brought it to my attention and I contested it stating that I never saw, acknowledged, or agreed to that document. That particular discussion was about a different topic, but was the first time I heard of the "conditions of sale". On the footer of the doc there is a line reading "STCoS ECW 2013 V1.2". So it's possible that the UK company had it in place but the distributor never told me about it or shared it with me.The following is an excerpt from the "STANDARD TERMS & CONDITIONS OF SALE" document that I see as far back as 5/26/2015 Emails coming from QuickBooks.STANDARD TERMS & CONDITIONS OF SALE
14 FORCE MAJEURE
14.1 We may cancel the contract or reduce the quantity of Goods to be provided if it is prevented from providing the goods through any circumstances beyond its reasonable control.
15 GOVERNING LAW
15.1 The Contract shall be governed by English law and the parties shall submit to the non-exclusive jurisdiction of the courts of England and WalesI can find no registration of the deal or ECombat when I did Department of State searches in MA, where the distributor lives and works. They have an 'operators' page so I could find other people he sold to, but in general, its a low-volume business and its probably just a few sales in each state, scattered around.I should note that I recently sent an Email directly to the owner, Paul Diamond, about this issue and asked him if he has any intentions of fulfilling their obligations. No response. Waited 2 weeks, asked again, no response. Clearly they have written me off and it leaves me essentially abandoned as an owner of $50K in equipment proprietary to his company (not to mention the other business expenses to-date).I can't even launch the business at all if the corporate entity has abandoned me because suppose I need support, warranty, maintenance, etc?Ca I sue the guy in MA whom all the equipment was delivered to & set up/configured, before it shipped to me? His name and address is on the invoice, not a UK address or name. I hindsight, I can't even understand how he could have received my payment because he doesn't even have a DBA
registered in MA with the company name that is on the invoice.