Reply Statement re: Aqualogic "Dive Shop Beware"

[UBS]

Dear Valued Consumer;

UNDERSEA BREATHING SYSTEMS designed, developed and patented the use of Hollow-fiber Membranes to produce 28-40% Nitrox, which eliminated the need for oxygen and its associated risk.

Undersea Breathing Systems has delivered hundreds of DNAx System around the world
for use by Dive Stores, Commercial Divers, Live Aboards, Yachts, State Agencies, NOAA, NASA, Navy, FBI, CIA, Sheriff’s Offices, Private Research Organizations and
Individuals.

Undersea Breathing Systems has been in business for over 10 years and in that period of
time we have had excellent customer relations and safety record. As in any business
you are exposed to people that are difficult to reason with and circumstances that are
beyond your control.

Undersea Breathing Systems’ relationship with Aqualogic is a case in point. The
following is chronological list of indisputable facts surrounding this case:

1. On July 21, 2004, Undersea Breathing Systems provided Aqualogic a written
quotation date 7/21/04, with no delivery date noted.

2. On July 26th, Aqualogic wrote check # 1025 in the amount of $21,067.50 for the system quoted on 7/21/04. Aqualogic asked that we not deposit the check until 7/29/04 and Undersea Breathing Systems complied with this request.

3. On August 5, 2004, when the Aqualogic check cleared, Undersea Breathing Systems mailed Aqualogic an invoice confirming full payment and stating an approximate delivery date of 9/24/04.

4. By the week of August 23rd – 27th, Undersea Breathing Systems received all the components necessary to assemble and deliver the Aqualogic System.

5. On September 3rd and 4th 2004, Hurricane Frances ripped off the roof of our facility located at Marlin Industrial Park located at 3599 23rd Avenue South, Bay 9, Lake Worth, Florida.

6. As a result of the loss of the roof, Bay #9 and several other Bays were severally flooded rendering them uninhabitable therefore putting Undersea Breathing Systems out of business.

7. On September 22, 2004, Undersea Breathing Systems had located and leased a new business located at 1100 Barnett Drive, Suite 19, Lake Worth, Florida.

8. By September 24, 2004, Undersea Breathing Systems had moved all it’s assets and inventory in the new Barnett Drive location.

9. On September 25, 2004, we were ordered to prepare for Hurricane Jeanne. Which means boarding up windows, doors and shutting down operation.

10. On October 6, 2004, we got electric back on at the Barnett Drive location and began the process of unpacking and sorting out what could be saved. The phone company didn’t have service installed for our location until November 8, 2004.

11. On October 19, 2004, Undersea Breathing Systems receives a letter from Aqualogic’s attorney demanding that we immediately return all funds.

12. On October 21, 2004, I answered Aqualogics demand letter with the above facts and closed the letter by stating that their equipment was ready for delivery and inviting them to come to our new location to inspect it.

Even if Undersea Breathing Systems were to deliver the system immediately, Aqualogic still couldn’t use it because they have never completed the necessary upgrades to their Electric Service required to power the DNAx System.

Aqualogic has tried to indoctrinate the chat room crowd with repeating the mantra: Undersea Breathing Systems ripped me off nearly a year ago and has ripped of seven other dive stores.

To debunk the 1-year claim simply focus on the dates previously stated. To also debunk the seven dive store claim you need only read the following.

When Aqualogic (Kathy Littleford) was pressed to disclose the names of the seven other allegedly scammed dive stores, she provided the following names and Undersea Breathing Systems comments follow each name:

1. Galapagos Adventures (Charted Liveaboard) – Ken Weemhoff, www.galapagosadventures.com
Undersea Breathing Systems did have a dispute with Galapagos Adventures, which has been settled and Galapagos Adventures has all of their equipment.

2. Hamanasi Dive Resort (Dive Resort) – Karin Van Zyl
www.hamanasidive.com
Undersea Breathing Systems shipped Hamanasi equipment by freight forwarder, which they requested. And for some unknown reasons they refused the system and it was returned to Undersea Breathing Systems.

3. Fill Express (Dive Store) – Mark Derrick - www.fillexpress.com
Undersea Breathing Systems supplied a custom turnkey system to Fill Express. As with any one of a kind custom made system, there were a couple minor bumps in the road. Our equipment has been installed for over two years. Fill Express is a unique and very successful business whose heart is the UBS System. He has never sued me or accused me of ripping him off. He’s much to smart to get caught in a slander case.

4. Nuvair (UBS Licensee) – Glenn Huebner – www.nuvair.com
Nuvair (Glenn Huebner) is not a dive shop. Glenn Huebner was for years, Undersea Breathing System International’s Sales Representative. Undersea Breathing Systems was forced to terminate their relationship with Glenn Huebner and sued him in Federal Court for Patent Infringement, Trademark Theft and unfair Business Practices. This case was recently settled with a very favorable financial payment from Huebner and his admission that the patents are valid and enforceable.

5. Nitrox Technologies, Inc. (UBS Licensee) – Bob Olsen – www.nitroxtech.com
Undersea Breathing Systems had to sue Bob Olsen for Patent Infringement as a result, Undersea Breathing Systems Patent was found to be valid and enforceable and NTI now pays UBS a very respectable licensee fee for every system they sell.

6. Gardner Denver (Low Pressure Compressor Manufacture)
Undersea Breathing Systems has used Gardner Denver’s low pressure compressors in systems. We have no clue why Aqualogic has listed this company.

7. Compressed Air Supplies (Compressor Sales & Repair Shop) – Dick
Batchelder
Compressed Air Supplies is in the business of selling and repairing high pressure breathing air systems. Dick and his son Dan are very competent high pressure repair technicians and know our systems well. Compressed Air Supplies is installing our equipment for Galapagos Adventures.

Undersea Breathing Systems, Inc. continues to be a leader in Life Support Equipment Innovation and Marketing. Our new K2 breather will soon set the standard for safety, simplicity and price.

Please feel free to e-mail me at bill@dnax.com with any questions or comments you make have.

DIVE SAFE AND USE NITROX

Sincerely,

Bill Delp
President
Undersea Breathing Systems, Inc.

 

[BigboyDan]

"Even if Undersea Breathing Systems were to deliver the system immediately, Aqualogic still couldn’t use it because they have never completed the necessary upgrades to their Electric Service required to power the DNAx System."

So what? The check cleared on August 5, 2004

Deliver the equipment.

 

[opiniongirl]

thanks for the reminder that there's always two sides.

Now, back to Jen and Brad...

 

[deepstops]

"Even if Undersea Breathing Systems were to deliver the system immediately, Aqualogic still couldn’t use it because they have never completed the necessary upgrades to their Electric Service required to power the DNAx System."

So what? The check cleared on August 5, 2004

Deliver the equipment.

Original delivery date of 9/24 wasn't met because a hurricane damaged the building that housed their business. By 10/19, Aqua Logic decided to litigate the matter.

Here's my opinion on what REALLY happened here: I'll say Aqua Logic realized they'll never sell enough gas to pay for the system and were happy when they thought they might have a way out of the contract. Let's be realistic, http://fillexpress.com is not far away and already sells more gas than anyone else in S FL. I'd bet FillExpress sells more nitrox than all the other shops combined in the county.
The chance that AquaLogic (which is not even a scuba-only store, they sell "general" water sports equipment) would take away enough business from FillExpress to pay for their system is slim.
That's just my opinion though, I'm NOT looking to slander anyone......

 

[Uncle Pug]

Bill, thank you for responding to this. ScubaBoard.com isn't just your ordinary scuba chat room... we are the 800 pound gorilla of scuba related websites. Answering here was a good move on your part.

Folks, this thread is closed and the Aqualogic thread will be closed as well. Please direct any further questions to the appropriate parties via PM or email. Thanks.

 

[Uncle Pug]

This last post to the thread is from AquaLogic. Further resolution of this dispute will be handled privately.
****************************************************************

This same letter was cut and pasted from an original letter he gave to my attorney, and we will give you the same response as we gave back in October.

1. He never mailed an invoice to us with a delivery date on it. It was only then when our attorney informed him that we were going to sue him that he sent our attorney an invoice;

2. We were promised that the compressor would be installed within 2-3 weeks; We phoned him and said it would be another week; called again, no response.

3. Left phone messages, e-mails and wrote letters, no response;

5. On September 3rd and 4th 2004, Hurricane Frances ripped off the roof of our facility located at Marlin Industrial Park located at 3599 23rd Avenue South, Bay 9, Lake Worth, Florida.

Bill Delp writes: On October 19, 2004, Undersea Breathing Systems receives a letter from Aqualogic’s attorney demanding that we immediately return all funds.

We had been calling, writing and e-mailing and had no response from him, what else should we have done?? Bill we really don't trust you and can't trust your word, we are hesitant to do business with you after all that has happened;

Bill Delp writes: Even if Undersea Breathing Systems were to deliver the system immediately, Aqualogic still couldn’t use it because they have never completed the necessary upgrades to their Electric Service required to power the DNAx System.

Not true we have been ready to go since October!!

Bill the time that it has taken you to write this letter you could of installed our nitrox machine.

How about you give us a call tomorrow to settle this. It's been what 7 months and you haven't called us???

All we ever wanted was what rightfully ours, we demanded our money back and you said you wouldn't refund us?? I think this is really sad that it has come down to this, having to go threw other people to resolve this matter when all it takes is one phone call or an e-mail. I can't throw the compressor in my BMW, I will give you one last chance! If my compressor is delivered to us this week, I will stop seeking outside sources. If not I will pursue this even further, I'm not afraid of you, and I will use whatever legal remedies are available to me.

You say our compressor is ready then lets see it, drop it off this week, no more excuses!!!