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De: A/P Pedro J. Etchegaray Avallone [mailto:etchegaray@adinet.com.uy]
Enviado el: domingo, 08 de mayo de 2005 4:25 Para: 'BenLee[???]' Asunto: Reference: Final decision about our original claim of U$S 3.500,00 dated April 13rd,2005 to Peter Chen. Importancia: Alta Carácter: Confidencial Montevideo, May 6th, 2005 Honorable Ben Lee AIPTEK International Inc. CEO & President Assistant – Sales Executive No. 19 Industry E. Rd. IV, Science-Based Industrial Park, Hsin-Chu 300, Taiwan, R.O.C. Tel: +886 (3) 5678138 x 8014 - Fax: +886 (3) 5771364
Website: www.aiptek.com.tw
Reference:
Final decision about our original claim Honorable Mr. Ben Lee
1) About
your arguments expressed in your email received on Friday May 6th, 2005.
You will apologize me,
but regrettably I should inform respectfully to you, that I don't share for
anything your vision regarding the background of this matter.
With all my respect toward you, I think that possibly you, as consequence of your intense commercial activity and high position in the staff of AIPTEK, you have not surely reached the same conclusion, due to the lack of enough time to analyze in detail the profuse involved documentation.
If there is something evident in the documentation, it is that precisely, in my email of August 4th, 2004, 4 I offer Mr. Wayne Wang, the whole reasonable information that a potential commercial representative (TecnoPyme – US) can offer to his potential supplier (AIPTEK – YOU).
In fact, the quality of the information offered by me, is the one that generates Mr. Luo's intervention who at August 25th, 2004, re-send me the same email with its annotations under each point, declaring explicitly one and another time a complete agreement with my point of view and requesting information of a deeper level, something that any person of business can interpret and to demonstrate that Luo is requiring answers of a Consultant and not from a potential distributor.
Is there a clearer sentence that this? QUOTE : I’d love to know your consultancy work and related charges. Pls kindly tell me more about details. Thanks” UNQUOTE. ... and in the same way, I could refer several eloquent paragraphs.
The tone of that email, and of the later ones that Mr. Luo sends me insistently denote an extraordinary interest and anxiety regarding the obtaining of our contributions of knowledge and information.
Please, I understand that you are defending the interests of AIPTEK and trying to solve the problem, but... it is impossible to cover the sun with the hands!.
You are a high hierarchy executive from AIPTEK, it doesn't insult me believing that I am a stupid, OK?.
The interest of Mr. Luo remains invariable, expectant, without formulating any comment in contrary, until finally he receives December 23rd, 2004, my Preliminary Business Plan of 20 pages, which gives all the answers that Mr. Luo required, indicating a route to follow to develop and capture the market of Latin America, something that obviously AIPTEK was not making, neither Luo that had that responsibility, among other of course.
Any person in the world of the business waits that a potential distributor with which a relationship is scarcely beginning, will offer the type of answers that is requested, if it is not that there is an important reason, and that reason was the request of a quotation about our cost of services to make that work, as it is explicit in the documents involved
Mr. Luo, didn't only need a solvent actor in the region, but also somebody that told him how, with what logistics, based on what market rules and who are the main potential distributors for AIPTEK in the region.
If these requirements don't correspond to the request of a work of market consultancy, I admit that in my 25 years of permanency in this business… I didn't learn anything, although it is very undoubtedly my records shows another thing.
If about something there is not doubt, it is that Mr. Luo required our services as consultants, in fact to learn how AIPTEK could develop the market of Hispanic speech in America.
Mr. Luo deceived me, making work to our organization for its personal and AIPTEL profit, based on the created expectations of immediate business for us supported in the absolute explicit previous coincidences from his email.
So clear everything is that Mr. Luo, after he obtained the information to begin the development, he never answered neither he commented anything per months, and finally, to look for an easy exit, it showed certain insolent nuisance for our answer requirements.
This attitude is shameful.
Mr. Luo, appropriated of valuable information for the company, for which won't really give any compensation, neither to develop any business with us, but simply to take advantage of the situation.
I am not a Lawyer but, it is very possible that a situation of this style, configure in any part of the civilized world, and mainly in the markets of U.S.A. and Europe, a disloyal, abusive, deceiving commercial behavior and it is considered as a commercial crime with important and economic penalties, directly related with the economic importance of the company that makes them.
Also, until now, AIPTEK has never clarified which was the destination of the received work on our behalf at December 23rd, 2004. It would not be strange to deduce (based on the documented behavior) that AIPTEK has incorporated my work to its planning for the budget 2005 - 2006. We should not forget that Mr. Luo was presented before me as the Account Manager for Pacific Ring.
Honorable Mr. Lee, I make these explanations, because although we have not still derived the topic to the international commercial legal specialized lawyers, for the reason that I had the hope to reach a friendly agreement with you.
However, it is convenient (for the decision that finally you take) that you understand that I know the potentiality of the problem perfectly and of the damage that they have caused me. 2) Your good intentions and effort to solve this matter I have now very clear that your position as Sales Executive should not leave you a lot of time for this exchange of emails, since so much you as Me, we should dedicate our valuable time to make business and not to discuss. I am absolutely surprised about all the prerogatives that AIPTEK has presented for not accepting to pay that that originally was requested (U$S 3.500), to enter in a negotiation in which yourself finishes making a final offer of U$S 500,00 less than that requested (we are speaking of five hundred dollars U.S.A.) that are the equivalent one at 10 our working hours.
This whole matter has made me lose more than 50 hours, this is some U$S 2.500 (two thousand five hundred dollars U.S.A.) that I should add definitively to the originally reclaimed amount.
AIPTEK is a company that quotes in Taiwan Stock Exchange under Code 6225 that in its balance at the 31/03/2005 showed a Current asset for value of NT $ (New Taiwan Dollars) of 3.103.456.000 (three trillions hundred three millions four hundred fifty and six thousand new dollars of Taiwan) that whose equivalent in U$S 103.500.000 (hundred three millions five hundred thousand dollars), and that in its balance at the end of 2004, it has had sales revenue for NT $4.098.980.000, equivalent to U$S 136 millions dollars.
In front of these figures, you discussed with me initially about the cost that we really invest in carrying out for AIPTEK a Preliminary Business Plan, in the one which, if you have really read it, we invest many working hours of professionals, and that moderately we coast in U$S 3.500 (three thousand five hundred dollars).
We are speaking of money that left our pockets, and that we invest pointing to capture a contract for the execution of a market development plan by U$S 60.000 (sixty thousand dollars U.S.A.) those that would be surely amortized by AIPTEK for the sales in emergent markets (that at the moment don't generate AIPTEK incomes) for not more than one year, and at the end of which AIPTEK would have an operative and profitable distribution channel in Argentina, Chile, Paraguay, Uruguay and South of Brazil. After my closing negative, you have the kindness to elevate your original offer to U$S 3.000 (three thousand dollars U.S.A.). This means that at the moment, we (you an me) would be negotiating for a difference of only U$S 500,00 (five hundred dollars U.S.A.).
Independently that I respect the commercial postures, and I understand that business are business, sincerely, I think that the only fact that you have achieve your last offer of U$S 3.000,00 (three thousand dollars U.S.A.) instead of recognizing the error, and to pay that claimed (that is minimum) without entering in a land of discussions, it doesn't make any well to the image of AIPTEK in the world. This means that besides offending me, it also discredits AIPTEK.
Are you able to imagine what a stockholder investor of AIPTEK would think if he knew that the high executives of the company invest their hours discussing the cost of professional works for differences of U$S 500,00 (five hundred dollars) that would also report to the company big benefits?.
Well, as well as it would be him incredible to that investor, I am intimately absorbed, indignant and robbed, because I am in a position to which I never thought that it could arrive with AIPTEK.
However, I also understand that you have not been the constituent neither the main actor in this problem, but rather the one who AIPTEK have derived the problem to look for a solution that it leaves the best standing possible the prestige and name of AIPTEK. You should make that we name "damages control", right?
I understand it perfectly to you, and for this reason I won't complicate the things to you for anything. Sometimes ourselves has also had to leave to correct errors of our subordinate ones.
Your situation is typical. Somebody of your organization made a serious mistake, and to you took charge try to solve it with the smallest possible cost, even assuming the risk that the same negotiation, generate from the other part (us) a hardening bigger than its position, the topic derives Lawyers definitively that with these record, they could generate a "case" that without a doubt finished costing AIPTEK a very superior amount in resources (humans and money) to the one requested originally. That happens whenever the Lawyers works. Agree you with me?
In attention to all that I expressed previously, and my desire to finish immediately and in good terms this matter with AIPTEK, I should express you that so that I was satisfied, according and I was not feeling robbed and abused by AIPTEK, AIPTEK should pay the U$S 3.500,00 immediately without any more discussions.
Nevertheless it, if this it is the cause of a problem for you, or you or your bosses think that to pay the fair and claimed quantity can generate an important imbalance in the finances of their company, or to affect in way some your personal prestige as great negotiator before their co-workers, OR you think sincerely that the only quick form of solving this problem is to pay U$S 3.000 (three thousand dollars) then, I inform you that I will leave liberated to your best approach the final decision, accepting anyone of the two figures managed lately (U$S 3.500 claimed or U$S 3.000 offered by you) as compensation for the extraordinary effort that we develop for AIPTEK.
In no way I want to be the responsible for the bad economic performance that in the future could have AIPTEK, neither to cause any financial imbalance, neither to you more problems.
However, my sincerity forces me to admit to you that honestly I never thought to have to be discussing with a company as AIPTEK for U$S 500,00 (five hundred dollars) and that this so small difference that a corporation haggles me after that happened, I being robbed me. Seemingly that we are a medium company from a small country of the Third World, consider that U$S 500,00 (five hundred dollars) they are less important for us than for the executives of AIPTEK. That is incredible!
If I am mistaken (and I would want this way it) surely after reading this email you will order a transfer for U$S 3.500 and you will leave well standing the name of your company. If I am in the certain thing, then you will order a transfer of U$S 3.000. Independently of the decision that you choose, have the tranquility that you don't receive more from our part any birdcall for this matter again.
This will be now your decision. We abide to your best approach. 3) Personal gratefulness
Independently of this whole painful situation, I thank you and I really I
appreciate so much your effort and intervention.
Only as a comment, I inform you that to make business in Latin America that they can be sustained in the medium or long term, "the correct route to follow" it is the one that we have suggested you in our Preliminary Business Plan. You must take advantage of this good advice for the interests of your company that so well you have defended. On behalf me, I should inform you that for me it has been a pleasure to try with you, leaving this way, the open door so that in a future possibly not very distant, the business unite us in a common effort, but working in other circumstances. Finally, I request him that he/she makes their biggest effort to solve the topic immediately.
This means that on Monday May 9th, 2005, at first hour of the day, you order
the funds transfer by the amount that you decide (U$S 3.000 or U$S 3.500)
according to the instructions that I will explain en the next point.
4) Payment instructions
5)
Greetings
Expecting this way, I also have contributed to solve the problem, and thanking your speed and dedication to the same one, I look forward to the news, greeting you sincerely
De: BenLee[???] [mailto:BenLee@aiptek.com.tw] Enviado el: viernes, 06 de mayo de 2005 0:03 Para: etchegaray@adinet.com.uy CC: CharlinChen[???] Asunto: RE: Terms agree reached. We claim a definitive answer from AIPTEK - SECOND REITERARION Carácter: Confidencial Dear Mr. Etchegaray,
First of all, I want to apologize of not replying to you in time as you have expected. It certainly is not my practice not replying customers when I am in business world. However, I want to show my sincerity of solving this issue as soon as we both can.
Since we started communication, I did spend tremendous amount of time going through the emails, and message you had with Vincent and the rest. With all the greatly written long mails, I must say, you did spend a lot of time writing all the messages, and make sure we understand all the contents.
We did understand all the content, and thank you for all the assistance you render in these summaries.
As I said, I have been reading all the mails between you and Vincent. All the communication discloses that it is very clearly that a misunderstanding does happen between you and Vincent.
From what I read of the materials, I see that you are aware of the fact that Vincent did need a rep of our sales in your region, rather than a consultant. And Vincent always talk to you as a Rep rather than a consultant. That is clearly showed. Therefore AIPTEK did not commit itself to any promise or imply to give or express to give promise to such business plan. I, of course, believe that, as a professionally capable with sophisticated expertise in the business world that you have, it was easy for you to conceive such need from Vincent.
It is also a fact, that, though you did mistake Vincent’s need of a Rep for a Consultant, and therefore did a great deal of effort to make a report of such for Vincent, we need to express our sincere appreciation, though the report was in no way referred to or doing business upon.
I therefore would like to offer again what I offered before, and made a final offer of US$3000 to you, increase from my original offer made on 14th of April, 2005. I must clarify that this is not a concession of the matter, rather an intention to resolve the matter quickly, and I see this as a reasonable offer.
Again, I appreciate your patience on this matter and I await your confirmation.
Should you kindly confirm this matter, please send us right away your bank info so that we can proceed the wiring with a settlement.
Best regards,
Ben Lee
-----Original Message-----
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