The Art-huro of Noise

ARTHURO GUTIÉRREZ	11:28 AM (4 hours ago)
to me

Thanks for your response to my email and apologies for my late response. I could give you a call by next week if that works for you.

My Company is currently in contract with a company known as TECHLIANCE and as such have a valid agreement contract for the production of scanning chips and codes to be used for packaging and shipping of all sorts of general supplies and merchandise to customers in the US. These chips and codes are embedded and preloaded with our proprietary software codes in Spanish but equipped with a language translator (Spanish to English) and are shipped to TECHLIANCE at their ground office 12884 South, Frontrunner Blvd Suite 140, Draper, UT 84020, United States.

 

As our business thrived with TECHLIANCE and seeing the need to cater to a higher demand of our scanning chips and codes, we decided to embed them with an English version of our proprietary software codes to avoid both the delays that could arise from translation as well as inefficiencies there from. This triggered the signing of a Copyright License Agreement with TECHLIANCE that protects our intellectual property from being duplicated since all our codes have been simplified and provided in English.  

 

Sometime in July 2019 as part of a routine facility inspection tour by our Auditors to a facility owned by TECHLIANCE it was discovered that they had commenced production of replica scanning chips and codes without informing us or getting our authorization. They had also commenced distribution of their version of our scanning chips and codes in complete violation of our existing agreement.  

 

Upon discovery of this and a further probe it was discovered that TECHLIANCE had produced roughly Two Million (2,000,000) replicas of our scanning chips and codes and had already sold Four Hundred and Fifty Thousand (450,000) of them. A team from our office in Mexico notified TECHLIANCE of our discovery and intimated them of our disappointment in their actions. TECHLIANCE admitted to their wrong doings as well as it amounting to a violation of the terms of our agreement and offered Fifty percent (50%) of the proceeds from the unauthorized production, we rejected their offer and requested Eighty percent (80%). Eventually after lengthy discussions and negotiations we resolved that TECHLIANCE would remit Sixty Eight percent (68%) of the proceeds from the unauthorized production amounting to Three Million Nine Hundred and Fifty Thousand Dollars Only. ($ 3,950,000.00) and said amount would be payable by the end of March 2019. We both signed a Memorandum of Understanding to this effect. Unfortunately, there has been one excuse or the other from TECHLIANCE.
I reached out to Attorney Lawrence L Barber in Odessa and he prepared a demand letter which made them wire $540,000 to him as a sign of good fate in Sept 2019, He did died few months later after contacting Covid 19 during a pre trial hearing.May his soul rest in peace.
I got to know from him matter of jurisdiction by a california cannabis lawyer doesn't come to play until we go to court which we are not looking at at this time. I will attach the transfer slip,MOU and the contract in the documentation so as to know the exact information.
Since he died, we have not received any payment from them. On several occasions they have initiated conversations in regards remitting funds to us in tranches but have failed to honour this.  

 
Despite all this,We still have a business relationship between our Company and TECHLIANCE and I wish to maintain the same but the pending issue of outstanding settlement needs to be looked into. I would appreciate it if you can inform, educate and guide through a peaceful process of this.  

 
My expectation of your services for now will be within the confines of a Demand letter to TECHLIANCE on our behalf and probably negotiation if deem neccessary.

 

I believe that this approach will trigger a much-needed response from them in regards to an amicable settlement of the matter as well as remittance of what is due to us. Please note that if need be and there is no other way to pursue this and you feel from your legal perspective that litigation is the only way forward, I am not opposed to this but I would rather this be as a last resort.  

 

Kindly let me know what you would need to proceed. I am aware that you might charge a retainer for your services if you are interested in taking on this case, please let me know what your retainer fees would amount to as well as any other requirements that need to be fulfilled.I expect your retainer fees to be reassonable as our first step is a demand letter and further negotiation for now .i will also be willing to negotiate between 2% to 4% with you if your intervention resolves this without the courts.
I will be looking for to hear back from you .
Thank you.

--

ARTHURO GUTIÉRREZ
Vice President
94 JoaquÃ-n GalloSanta Fe, Zedec Sta Fé,
01376 Ciudad de México,
CDMX, Mexico
+52 744 362 0054
info.surtecrealty@tech-center.com
info.surtecrealty@gmail.com