[Asterisk-Users] SIPURA Breaches Contract

John Brown (CV) jmbrown at chagresventures.com
Fri Dec 12 11:20:58 MST 2003

Hi list, 

Well I really didn't want to see things get to this point,
but Sherman at Sipura along with their President Jan F.
leave me no other choice.

SIPURA has been provided a letter from our attorney for
Breach of Contract and damages.  They have yet to respond.

A quick background.

1. Sherman (SIPURA's Director of Marketing), stated that
we would do a join press release for the Oct VoIP conference
in Long Beach.  The day the release was suppose to go out,
he decided not to do it. We had agreed to pay of half of the
cost to get the release out.

2. SIPURA and Chagres negotiated a contract, where Chagres was
to provide logistical support for sample sales of the SPA-2000.
This contract was executed by SIPURA's President Jan F.

One day after the contract was mutually executed, Sherman from
Sipura, stated that instead of having us do the logistical support
they would handle this within the company.

The following day, I was advised by several ASTERISK list members
that SIPURA had a company listed on their website doing order
processing.  They asked if this was the "new company" we where
forming to handle the VoIP hardware.  Upon review of both SIPURA's
site and the "other company" it was clear that SIPURA had sourced
this service to another firm, AFTER IT EXECUTED A LEGAL AND BINDING
contract with us.  Chagres spent considerable time and money 
putting into place the requirements outlined in the contract.  Those
efforts are now lost money

3. In conversations with SIPURA's President Jan F. he committed to
having product available for us to pickup in Hong Kong on 1-Nov-03.
When we contacted Sherman on 4-Nov to confirm pickup, Sherman would
not commit to the order, pickup or anything else.  All he wanted was
for us to pay them the money for the equipment and "then we can talk".
SIPURA's President Jan F. has not returned any further phone calls.

4.  Sherman had agreed to provide us with leads for 50 some odd different
companies that where looking for SPA-2000 product.  When we asked him
again for those leads, he refused to provide them.

In general, I beleive that the actions of SIPURA and its managment
team have been less than honorable, they have damaged Chagres and
have hurt our customers.   

Sipura has a simple and clear path to resolve this matter.  Honor
the contract they signed with us.

SIPURA has also further breached their agreement with us by removing
us from their "Partners" page.

I remain hopeful that SIPURA ownership and management will see 
the honorable course of action and live to the terms of the
contract we executed.  Should they decide to continue to ignore
us and our attorney's attemts to communicate we will take legal
action in court.

Sipura has a GREAT product, its sad to see that their management
team is willing to breach contracts.

To our customers that have pending orders.  We have attempted to
source inventory from another location and have not been able
to do that.  There for we will be issueing complete refunds for
all SPA-2000 purchases.  

While we have been difficult to reach in November, I remain
strong in the belief that we will do the right thing by our
customers, and that our ability to service further (starting
today) orders has vastly improved.

John Brown

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