Kerry Tume from Biolase Systems, also of Tume Laser Pty Ltd and also of
Clinilase - did not deliver equipment that I paid for
Kerry Tume from Biolase Systems, also of Tume Laser Pty Ltd and also of
Clinilase - did not honour an agreement for me to distribute his lasers
The following is a summary of the issues between Kerry Tume and myself:
1. In September/ October I negotiated with Mr Kerry Tume of Biolase
Systems to produce two lasers.
2. I paid a deposit of $5, 255.00 to Kerry Tume along with a Distributorship
Fee of $10, 000.00 to distribute his lasers throughout Australia and New
Zealand.
3. In December I notified Kerry Tume that he had failed to meet the
obligations agreed between me and I requested the return of the $16, 000.00.
4. I further indicated that if the Deposit and Distributorship monies were
not returned to me by January that I would pursue Kerry for further
funds and take legal proceedings against him. A break down of "further
funds" are as follows:
Advertising (for distributors) $8386.47
Travel (to Adelaide) $577.67 (for myself and 3 distributors)
Accommodation (In Adelaide) $755 (for myself and 3 distributors)
Food (Whilst in Adelaide) $276.02 (for myself and 3 distributors)
Car Hire (In Adelaide) $166.75
Sub-total = $10, 161.91
Grand total is therefore =$25, 416.91
5. During April and May I engaged AMA, a debt-collecting agency in
Adelaide to retrieve the money. They couldn't unless it went legal. Kerry
Tume told the agent from AMA that if I did go legal he would simply declare
himself bankrupt.
6. During July I engaged a solicitor in Adelaide to engage another
debt-collecting agency, which he did but to no avail. Tume again cautioned
that if I went legal he would declare himself bankrupt.
7. To date I have not seen the return of the monies.
8. I understand Kerry Tume is doing well in his laser business in Australia
and America and there should be no reason for him to continue this
dishonesty.
9. The agreement between Kerry Tume and me was wholly verbal and although an
agreement was written up (as a MoU) and sighted, it was never signed by him.
10. I have kept bank statements and receipts to confirm my outgoings as per
the above, and have several people who would be willing to testify that my
complaint is a true and accurate one.
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