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Cancellation - Toronto Dude

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Toronto Apartments for Rent

May 20th, 2010


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09:42 am - Cancellation
After few days of trying to get hold of Mike Preston we decided to just cancel the project and get our initial payment back. One day we finally got hold of Mike and he apologized that his phone broke! and agreed that he will drop by our residence on the eve of November 24th to reach a resolution to the problem, he failed to visit us that night but called to apologize that he was late working on a different project and could not visit us to resolve the problem I told him that we are not going to sign any new agreement with their drillers because we have already given the initial payment to MaxAir and we would like our payment back.
Mike countered that it was not possible that we get our initial payment back in such short notice and he suggested that instead MaxAir would deliver the duct work and a brand new Waterfurnace and move MaxAir’s excavator (worth $100K according to him) to our premises by the end of the next day as a form of collateral, in the meanwhile we would sign a separate agreement with their driller.
We agreed to his offer on the condition that we receive a new contract from MaxAir the next morning before we sign any new agreement with their drillers, and that MaxAir’s new contract should include the condition for the delivery of the items above and it should also stipulate that if MaxAir fails to deliver the items above by agree time the agreement is canceled and they would be responsible for any costs related with the drilling.
Mike agreed to our condition. So I emailed MaxAir the changes required to be made to the contract before we sign a contract with their drillers (attached email)
The next morning, I contacted the driller and told them that we have a basic agreement with Mike, and I will send them a signed version of their contract that morning as soon as I receive a new contract from MaxAir. The driller said that they are ready to mobilize their equipment as soon as they receive the contract.
MaxAir could not provide their new contract that morning, saying Mike needs to sign the contract and he was not available. That took few hours so I attempted to contact the Driller to tell them that there is a delay in signing their contract due to problems with MaxAir but could not reach anyone at the drillers by phone.
We finally received a phone call from Mike at noon and he said that he was not able to meet any of the conditions we agreed upon the night before, so I told him that the project should be considered canceled and MaxAir should refund our initial payment since MaxAir has not delivered any equipments nor performed any work and it was already at the project’s completion date as per the contract. He agreed that he will come to our residence that night for final resolution (and refund). He also said that he will notify their drillers that the project has been canceled. I tried to notify the drillers myself that our project has been canceled and we will not sign any agreement with them but could not reach them.

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