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Просмотр полной версии : суд над Vigil



Ежы
28.06.2006, 18:19
Taupo Tandem Skydiving, известная новозеланская компания, специализирующаяся на тандем-прыжках, подала в Брюссельский суд иск против Advanced Aerospace Designs (производителя Vigil), за несоблюдение обязательств по обслуживанию и поддержке проданных приборов, которые имели множественные дефекты.
И выиграли суд, что характерно...


--- Press release, issued by Taupo Tandem Skydiving, 27 Jun 2006 ---

When Taupo Tandem Skydiving, a well-known company for Tandem jumps, established in New-Zealand, ordered several Vigil AADs from Advanced Aerospace Designs, it never imagined it would receive inadequately tested products that were a danger to the user.

Following numerous ill-timed firing, the Vigil's manufacturer, Advanced Aerospace Designs, was forced to acknowledge that its products had incompatible malfunctions with its one and only function: Saving skydivers' lives.

However, Taupo Tandem Skydiving did not recive the support it was promised, as the Vigil's manufacturer never managed to provide reliable replacement units and, refused to honor the money back guarantee clause that is clearly indicated in its terms of sales and signed by, Jo Smolders', the Vigil's manufacturing director.

Forced and obligated, Taupo Tandem Skydiving finally had to take legal actions to assert its rights and resolve the situation as it had at its cost provided units from another manufacture to its customers it had sold the units to!

The legal action was a good move, as the Court of Brussels sentenced the Vigil's manufacturer to the reimbursement of the full amount claimed matched with the obligation of paying right away, even in the case of an appeal.

In fact, the Judge argues that : "Everything leads to believe that Advanced Aerospace Designs commercialized the Vigil while it was still at its development stage ", observes the Judge, who continues: "[…] everything leads to believe, from that point of view, that once again, Advanced Aerospace Designs has undertaken, without thinking, something it was not able to do.

The Judge also pointed out that the evidence is so strong that it would be difficult not to require more, as attorney Persoons, associated with Five Legal in Brussels, defender of Taupo Tandem Skydiving underlines, not without humor, " this comes down to recalling one or several death certificates before taking action against the company, in order to force it to pay the very refund initiated by the company": However, and against all logic, Advanced Aerospace Designs has, since 2004, refused to pay the guarantee stated in the contract in an indisputable pigheadedness"

"Indeed the evidence is so strong that it would be difficult to require more", underlines John Funnell, CEO of Taupo Tandem Skydiving. " The important thing isn't the money, it's winning the case. For Vigil, losing the case is bad for its sales, it doesn't sound good", adds John who continues: « It is incredible that we had to take legal actions to force the Vigil's manufacturer to honor its obligations. I have never heard of such a thing in the skydiving professional safety world."

"Taupo Tandem Skydiving adheres to strict standards ensuring customer and employee safety; the Vigil does not offer the guarantees of reliability that we demand in order to ensure this security. The guardian angel has become an irresponsible angel and who knows, maybe soon, a fallen angel !" concludes John.

The Vigil's manufacturer has lodged an appeal to the Belgian Court of Appeals.

--- End Press release ---

Advanced Aerospace Designs have not responded to requests for a statement -- L.


оригинал тут:
http://skysurfer.com.au/forums/index.php?s...st=0&gopid=990&

Vincent1
30.06.2006, 12:29
А по русски?

EBELDOS
06.07.2006, 16:04
http://www.vigil.aero/pdf/VigilstatementregardingTaupoTandemSkydiving-D10-2_000.pdf

Забавно ведь, а?
1) Таупо инициировала судебный процесс без предварительного уведомления Вигиловцев.
2) Адвокатом, представлявшим интересы Таупо был адвокат производителей Аргуса.
3) Переписка между Вигилом и Таупо, приводимая в конце, очень многое объясняет.