Dive Shops Beware

[Depo Diver]

Me too it is odd that no other shop has posted anything either way.[/QUOTE]

There ARE other shops that are facing the same problems and some have made it known within the diving industry. I have heard through my personal grapevine. I am familiar with two of the shops that are still trying to get all their equipment from him after 1 1/2 years.

I have also learned that Mr. Delp is very savy on the legal system and has a long history of suing people, and being sued, across the country. He has been known to threaten people with slander lawsuits if they speak out about what is happening to them.

To some degree, I agree with "buyer beware." If it sounds too good to be true, it probably is. If someone offers a great deal that requires you pay up front, best check out why. And how you can get your money back. A money back guarantee is only as good as the company and person offering it. Always ask for current references and CONTACT THEM. The diving industry tends to be too forgiving of companies that act this way.

 

[AquaLogic]

If and do not take this in a negative way. If what you are saying is completley true and you can defend yourself in court then tell the world all. If any of this is not true however you will lose everything and the diving community will never forget. Its the net you never know thats why I sent that e-mail. Like I said everything must be as you say or he has a case against you.

That being said the other groups should welcome your complaint why, it adds to the defence of a wrong doing. And after they win you have a case against them with proof from another trial. It is in your best interest to get on with them and be there in court show your face and then you can say your piece just do not have your name on the papers as I think you may not be able to have him in court twice.

The problem that I have is this (not that it matters). In his contract does it say anything about him being late or what happens if he can not get the parts he needs to build his equipment. Maybe I should not say this but. If you do not he can just say he is waiting on parts to be able to build the equipment and the fact that their is no mention at all about late fees and a topic of being late has never been discussed then you may have no case. Allways include the fact that if you do not come up with the product by a time frame then you want whatever that may be but it was addressed. An because of that neither party can go back on what they say.

As a matter of fact I do have it in writing, the exact date when he was suppose to install the machine.

 

[AquaLogic]

True, it is. But, the process is the same, go to court, have trial, then try to collect.

This can be done without an attorney, but is better with one. What does the contract say about attorney fees? Does it have a clause about prevailing party attorney being paid by the looser? Research your contact, and who you can sue (him, the company or both) to ensure your suit names the right party and the party with the assets.

Sites that may be of interest (again, not taking sides and I don't believe we are getting the full story either). It would be interesting to hear the other side.

http://www.pbcountyclerk.com/courtservices/circuitcivil/circuitcivilmission.html

http://www.pbso.org/index.cfm?fa=csb

A quick search of the county records failed to show any cases against the alleged offender, so if he was sued before, it appears it was out of county.

We never signed a contract, I only received an invoice from him and a verbal agreement of delivery date. I later received something telling me when he would be delivering the equipment. I then had my attorney friend send him a letter threating to sue him if he didn't deliver. He then again gave us another date for delivery, the compressor never came. The attorney then sent him another letter demanding that he refund our money, said no refunds would be issued.

At this point I don't know if I should even consider taking the machine if he called me up? Who knows at this point what I would be getting, would it be a used machine? Would he even maintain the machine?? I just don't trust the man. We've already purchased another machine.

 

[AquaLogic]

Me too it is odd that no other shop has posted anything either way.

There ARE other shops that are facing the same problems and some have made it known within the diving industry. I have heard through my personal grapevine. I am familiar with two of the shops that are still trying to get all their equipment from him after 1 1/2 years.

I have also learned that Mr. Delp is very savy on the legal system and has a long history of suing people, and being sued, across the country. He has been known to threaten people with slander lawsuits if they speak out about what is happening to them.

To some degree, I agree with "buyer beware." If it sounds too good to be true, it probably is. If someone offers a great deal that requires you pay up front, best check out why. And how you can get your money back. A money back guarantee is only as good as the company and person offering it. Always ask for current references and CONTACT THEM. The diving industry tends to be too forgiving of companies that act this way.[/QUOTE]


Thank you for posting, I need all the support I can get right now, I was beginning to think I was all alone. I'm putting my shop's reputation on the line here, I hope more people will come forward.

 

[Depo Diver]

[/I]

Thank you for posting, I need all the support I can get right now, I was beginning to think I was all alone. I'm putting my shop's reputation on the line here, I hope more people will come forward.

You are not alone but as I said, too many people in this industry allow this type of activity to go by without speaking out. Mostly because they are, rightfully so, afraid of getting sued. But if we do not share information with others, how can we make companies be accountable for their actions or lack of them. Especially when they continue to subject others to the same treatment. Everyone runs into cash flow and delivery problems, but if this is more, it should be made known so others don't get caught in the same boat.

I agree with the person who said post to other forums, just be sure you stick to the facts and don't open yourself to libel or slander. And do report them to Better Business or anyone else local to them that offers a similar service. It may alert the next person to look a little deeper before sending any money.

Good luck and keep fighting the fight.

 

[AquaLogic]

Hey there Aqua Logic,

how about posting your name and the name of your shop? UBS (Undersea Breathing Systems) has been around a long time and I find it hard to believe they scammed "so many" and it hasn't come up before. I know numerous shops that use the DNAx system and are happy with it.
Boca Raton is 20-25 minutes from Lake Worth. Have you just gone over there?

I smell a rat......... You're naming names and don't give your own.

I did give our name, it was included on the original message I posted

 

[wolf eel]

AquaLogic As a matter of fact I do have it in writing, the exact date when he was suppose to install the machine.

But do you have it in writing what happens if he fails to have the product installed by this date ? That is very important and what about late fee for loss to your sales and so on.
Has anybody won in court at all against him ?

 

[scubasean]

We were one of those people that fell into his cluthches, we gave Mr. Delp $21,000, and it's been close to a year now and he has never delivered the system he had promised.

Pay attention to the statute of limitations for contract actions...It may just be a year...

You miss that, and you are screwed...Ask your attorney friend who sent the letters (presuming he knows).

 

[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.

 

[O2BBubbleFree]

Dear Valued Consumer;
//clip//

Mr. Delp,

Glad someone invited you to the party. It's always nice to hear both sides.