Monday 19 September 2011

WHEN IS A CONTRACT NOT A CONTRACT?

Riddle me that my little chickadees!

Some of us have been having some interesting discussions recently regarding contracts and what they mean.



It seems that Andres Tonini in Mexico has managed to get some official investigations under way into the GT200. At last! Well done Andres for your tenacity and courage!! We salute you!! Funny thing is, he reckons that Gary Bolton at Global Technical is relying on his sales contracts to protect him against such intrusions.

Seems his contracts forbid anyone to open up the GT200 to see what is inside. Commercial Confidentiality, he claims! Ho Ho x 1000 (my bottom just dropped off!).

We have previoulsy pointed out the various ways in which Bolton and McCormick seem to be joined at their pea sized brains.

Let me remind you, Jim McCormick and Gary Bolton used to be best buddies. They worked together to sell the MOLE, remember. And yes you boys in blue, we told you that!

Remember when Jim and Gary fell out because Jim and their US buddy, Robert Balais, took the MOLE to Sandia Labs, without telling Gary. Naturally the MOLE failed the tests at Sandia Labs, and Gary was mad because obviouly he knew it would fail. Why? Because he knew full well it was a fraud!



So, there was an acrimonious parting of the ways, allowing Gary to go on to the GT200, and Jim to the ADE651.

So, back to the issue of Terms and Conditions and Contracts.

First, it is highly instructive to read the so called T&Cs of both ATSC and Global Technical. one might be drawn to conclude that they were the same. Well, hardly surprising when Jim clearly just copied Gary!! And finer bs we are hard pressed to recall!

Read and weep!! They effectively disclaim any effectiveness for the GT200 and ADE651. They attempt to indemnify the companies from any liability for the failure so obviously written in to them. They implicitly admit that the products do not work.

Therefore we can safely conclude that both Gary and Jim knew full well all along that their useless $10 dollar gadgets were exactly that. USELESS! And since they have killed and maimed people as a result you wonder why we are angry?

Let me make this plain. The idea that the GT200 or ADE651 have any legal protection is a nonsense. A contract is null and void if the product cannot or does not perform, even if you have tried to tie knots in the contract. A contract can no longer exist if one partner has deliberately and recklessly deceived the other. SIMPLES!! Even a meerkat knows dat!


You cannot contract against the reasonable expectation that if you claim something will do something, then there is a a duty to deliver something fit for purpose. As we know the GT200 and ADE651, plus all other variants are not capable of operating at all.

BUT! Let me remind friend and foe alike (hello Colin!), the buyers in places like Mexico, Thailand and Iraq, didn't care about whether these scum devices worked, or the contracts. Why? Because they were all lining their own pockets. Worse than selling stories to the media perhaps, but many have their moral crosses to bear in situations like this. And we will make you bear them!! To your own place of execution!!

As you know, I also adore finding the similarities in behaviour between the different fraudsters. This reminds me of Chuck Christensen at H3tec in Utah, who also tried to threaten a customer with contractual confidentiality, when said customer realised that his H3Tec did not perform. Luckily their are brave people like Carl, who do not take this bullshit, and went ahead and took the H3Tec apart to prove once and for all what we had been saying for ages i.e. it does not and cannot work. Spot the similarity?

YOUR CONTRACTS ARE WORTHLESS BOYS!!

Ask any half decent lawyer! Not your paid pets!

Just to be clear, I have a modicum of experience of international business contracts, and operating contracts, so please don't pretend you are dealing with people who are ignorant and stupid, just because you are!!