This thread contains false information above. Gillard has needlessly bothered the Police.

Gillard has been used by Jack. Gillard does not seem to be aware that he is being played.

Date: Mon, 17 Sep 2012 00:07:56 -0400
From: Jersey Jack Pinball <[email protected]>
To: Robert Farrell <XXXXXXXXX>

Hi Rob.....OK

One date change, we are at a show until 10/16 so we can airfreight the first game to you leaving on 10/17

If you write any update, please pass it by me so I'm on the same page. Thanks.

Best Regards,

Jack Guarnieri

(732) 433-4333

On Sep 16, 2012, at 10:37 PM, Robert Farrell <robert@XXXXXXXXXXXX> wrote:
Hi Jack-

talked with the guys this morning and we are all agreed on the plan that we outlined.
1. You get one machine ready for air ship Oct 15th-we will pay to ship it and process you 50k payment on its arrival.
2. Nov 1 you advise how many machines will be ready for 11/13 container we process payment for all those machines then.
3. 11/13 games loaded and moving we process another 50k payment to you.
4. Final date for remaining machines to be shipped. We make full payment for all remaining machines 1/2 way point from shipping. (example if its a month away we pay two weeks)
5. I will organize an update message to guests with your add on words.
6. Video of you and XXXXXXXX with machine for guests to see (XXXXXXX will love that as well as the guests).

I think this will work great and achieve all our objectives.

XXXXXX and myself will be coming to IAAPA and possible make a swing visit to Jersey prior or after (whichever works for you) I would love to see the operations as I always enjoy watching the process of new gear coming to Life.

Kind regards,

Note the airfreight of one machine, the offer of payment and Jack's acceptance next day.

Wayne, you only have Jack's word on things. That word is evidently worthless.

If Jack says you are meant to hold the prototype, why did he sell it to Bumper? Why did Jack collect $50,000 as payment for the prototype plus full payment on two dozen other machines, machines that were never delivered even now 9 months later?

For the record, the prototype machine was sold to new Bumper as part of the equipment, parts and stock of old Bumper.

New Bumper had clear title to it and new Bumper sold it.

Yes, it would be, except that conversation was held in 2012...

Apparently Wayne likes to be associated with machines that never get delivered.

The liquidator has the bank account records for Old Bumper's bank transactions. You have his contact details.

En garde. Did you ask Jack if he minds if the truth comes out?

Show at least a little class Wayne, don't publish other people's email addresses.

Correct, Robert DID call it a prototype.

Unfortunately for Jack, the promised machine never shipped!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Oh, the irony.

We had legal advice that we could sell it. So we did.

This was the only machine Jack ever shipped as promised.

Jack did well, he flogged one machine and picked up $50,000, then reneged on the promise to deliver the rest of the order.

As for the update, what can I say, you are only limited by your imagination...

Or stealing it away from the customers you owe money to i guess as well.

Del Reiss and Old Bumper took your money Pauloz. I did not. New Bumper did not. I understand that you see Bumper as one entity, but the business had 3 separate owners (all companies) in less than 2 years. The companies are where you go for redress. The business itself is not responsible for what it's company owners did.

Your maths is not right. A portion of the 250k income is profit. Don't forget about $200k +/- to collect from part paid machines.

I agree it is not good business practice to spend profit off income that is yet to be collected.

Jack and Wayne seem not to be interested in collecting the part paid funds. Why?

Anything Jack makes for Bumper WOZ customers only carries either a part payment or no more payment. Jack then has to expend money to make machines that don't carry the same cashflow as if he sold a new game to a new buyer.

I think Jack should confess his sins and and transfer 100% of the ill-gotten profits acquired by reselling Bumper's machines to American buyers at higher prices to Bumper's customer order.

No we owned it alright. Jack sold it in exchange for Bumper's agreement to make $50,000 advance payment over and above what had been agreed in the terms of trade. The new owners knew what they were buying and what was ahead of them. We made sure that caveat emptor was understood.

We have no buyers with the name of LJ. You would need to give your full name and LE allocated number. Even then, the answer is till the same. You paid your money to a company that is now in liquidation and the liquidator is your source of information about your funds.

Ok, are you saying you were here when I wrote the receipt? You underestimate the machine's appeal even as a prototype.

Last time I looked Australia did not operate under Sharia law, and neither did the UK or Leeds council.

I thought I just said we had no buyers with the name LJ? Can't be clearer than that.

Post the full version, without email addresses and see if the edited text is at all relevant.

Yet Jack sold it.

You forget we're Down Under. Looks like I'll be surfacing 430 miles west of the Azores sometime on Tuesday.

Next to nothing.

* Jack was offered $50k to ship a container load, putting JJP $10,000 ahead and prepaid.

Nothing.

* Jack was offered $40k PLUS $50k extra to ship a container, putting JJP $50k ahead and prepaid.

Nothing.

* Jack was offered to be paid current PLUS $15k additional prepaid, which was $15k more than the amount owed on any machine at any time.

Nothing.

I understand all offers were conditional on JJP actually shipping games, with JJP being paid when the games were made and boxed and ready to be uplifted by Bumper's shipping agent. JJP never shipped and never gave a reason for the failure.

Bumper's customers had been waiting 2 years already and were starting to want to cancel orders because of a lack of machines on the ground.

And there were other deals Jack had agreed to, and always missed.

So JJP either never made the games, or made them and sold them complete with LE plates to other buyers for more money. (This has been admitted by Jack)

JJP sits on $150,000 all paid by December 2012.

JJP scored up to $180,000 by reselling all of Bumpers WOZ plated machines to US buyers.

JJP started selling off these machines in May 2013. JJP was confronted about this in July/August 2013. JJP admitted that he was "always going to make an Australian version".

In exchange for the $150,000 JJP has already received, JJP has shipped 4 LE units and one prototype machine, this latter was exchanged as part of the deal for Jack to receive $50,000, which he accepted November/December 2012.

As it stands, 18 months after paying JJP the deposits on 76 machines, and noen months after paying Jack an additional $50,000, JJP has shipped just 4 machines plus one prototype.

The prototype belonged to Old Bumper as JJP had agreed to ship it in exchange for Jack receiving a $50,000 payment against customer machines JJP was due to make.

NB the prototype was not sold by JJP for $50,000. It was a sweetener from Jack as part of a business deal that saw JJP receive $50,000.

The prototype was then sold by Old Bumper to New Bumper as part of the buyout of stock and equipment in the business sale.

I sometimes wonder whether Jack EVER intended to ship ANY machines to Australia, or was Bumper just a cash cow that was used to prop up JJP? It still does, otherwise JJP would ship machines or a refund.

Now that Jack's game with Bumper has come to an end, JJP has moved on to another Australian distributor who has promised JJP an order of 250 machines @$6200 each,this is a $1.55 million order and allegedly prepaid.

Apparently JJP has shipped the new distributor a prototype too....Some people don't learn from others' mistakes.

Today I also wonder why Bumper's customers are still left hanging without contact after JJP took back the (old Bumper) franchise and gave an undertaking to deal with all customers directly.

Jack has all their phone numbers and emails but no contact has been initiated with the group of customers.

Evidently Jack is only returning calls from WOZ buyers who also hold Hobbit orders.

I'll wonder about that tomorrow.

Jack took back the whole shebang from new Bumper and said he would deal with all customers directly. JJP has to deliver a machine or refund payments. New Bumper then has no rights to the franchise or any obligations to Jack. Jack took over Bumper's customers.

You haven't gathered much.

The bulk of the money was taken in under the founder and former owner of the business. The next owners sold a few machines and collected progress payments, and sued the former owned for the return of funds. Jack did not oppose the transfer of the franchise from the founding entity to the next owners of the business. He refused it the next time.

Two organisations have received money from customers, one directly and one indirectly in exchange for making machines. The machine maker didn't make the order and refuses to refund or make good the order. The direct recipient/s have sold their business interests or liquidated themselves.

You're also forgetting that the hypothetical Bill Gates took over the customers and gave an undertaking to deliver their machines. The customers were then to get their XBoxes from Bill.

Except Bill reneges and sells these customers' genuine XBoxes at a premium to his mates, and then offers a cut down version that is not a genuine XBox to appease customers, oh and at a higher price too.

Yes it is. And it's easy to solve. One person just has to admit they outsmarted themselves and got caught out making back door sales of presold and prepaid hardware.

You need to be very clear in understanding the timing of events and the recruitment dates of staff. Your statement above is incorrect in calendar and actions. You should correct this.

Jack was even offered up to $50,000 in advance of the next order along with payment in full of the current shipment, as long as he shipped the machines.

JJP never made the machines. He JJP never had them ready for shipping, or if they did Jack then resold them for higher US retail prices instead of dealer wholesale price.

Sounds incredible that some one can ask for money and be offered more than they were asking, as long as they ship machines - and then not make the machines. One has to wonder why JJP never shipped the games.

New Bumper is not a franchise holder of JJP, and was not permitted to become one by Jack.

So New Bumper cannot sue JJP as it does not hold customer money or orders for machines.

Customer money was lost in the previous incarnations of the business, not by the current company.

The new company therefore has no grounds to go after the old company which is in liquidation. And new Bumper has no grounds to go after Jack, after Jack moved to make sure that neither new Bumper or old Bumper In Liquidation could make any claim against him by the way of and with what he agreed to take back in the franchise.

Why else would Jack request that New Bumper indemnify JJP against any future claims?

I believe that the best and most achievable outcome is to chase JJP for a machine.

There is significant uncollected money in part paid orders, from the majority of orders. That leaves a modest amount to fund from cashflow, so the offer to take over the orders and pay the remaining is viable. The key point that has been corrected to me was that there was no WOZ cash in the buyout, there was an undertaking to deliver customer's their machines and this is a part of what Jack took over when he refused the transfer of the franchise.

Jack's problem then was one of his own making, he had already resold the machines that belonged to the customers that he was now responsible for satisfying directly.

Hence the rapid appointment of the new distributor Gillard. It seems that Jack has passed on to Gillard the franchise undertakings that he took back from Bumper. Else Gillard would not be chasing the prototype that was given to Bumper earlier as a part of an payment agreement.

For absolute clarification Scott, the money being referred to in my post was customer money paid to old Bumper or Del.

Same gentleman had had Bumper's circumstances and change of ownership explained to him before and at time of purchase. Gentleman's enquiry had started several days earlier than the purchase with perhaps three or more phone conversations.

It was explained during the conversations and visit at time pf purchase that gentleman was buying off the new Bumper, indeed new premises also indicated where the transaction was made and it was not in premises that the old Bumper had been using.

The subsequent handling of that deposit payment shows payment going to new Bumper. AFAIK, the gentleman has also not asked for a refund from the liquidator, only from new Bumper.

At the time of transaction JJP had only indicated support for the change of franchise to the new Bumper and had not terminated the franchise.

New Bumper were allowing the buyout of another customer's order as until JJP ended the relationship, the management of the machine order and customer status was with New Bumper.

The gentleman had taken over an order dating back to 2011 as he had bought out another customer's position and deposit payment on said machine. This was explained to gentleman.

Jacks ends the franchise relationship and refuses to fill orders (still!)

Accordingly it becomes clear that the sale to the gentleman could now not proceed and his purchase through new Bumper is annulled.

Gentleman was advised Thursday 12/09/2013, at 4:25 PM of refund arrangements for next week.

Seems clear to me.

Pinchroma, go back and read the email between Jack and Rob, showing Jack's agreement to ship the game when $50,000 was paid him.

Then take Jack off the pedestal you have him on. Your employer has had $150,000 of Australian customer money for nine months and has only shipped 4 machines. The pursuit of the prototype is just another smokescreen to mask the failure of JJP to ship machines to very patient Australian customers.

FWIW Customer knew at time of purchase the state of the game and upgrade issues. Customer informs us there is sentimental value in this particular machine as is. Upgrade was something to be considered and assistance was offered.

You guys might make these games (for non-Australian customers!) but you're not the only fellas who know the technical ins and outs of the prototypes. They have been out and been compared to new releases for a long time now.

Both qualify against your comment.

Scott, refund timing is between us and the gentleman, none of your business really. If gentleman wants to share his personal transactions with your group, that is up to him.

Thanks for seeing the other side. I don't condone or exonerate Bumper's earlier directors or management.

I do however fail to understand why so many people here think it's fine for JJP to demand payment and never ship machines.

Or take payment and then sell the machines twice.

Given that JJP emailed the invoice with deposits and received payments before selling the games to someone else, this sounds like the federal complaint of mail f****.

There were at least two machines sold on at the original buyers' requests. AFAIK Vendor A got Buyer S's money, and Vendor B got Buyer L's money. The only way to prove any of this is to publish the invoices and receipts, and that's not going to happen in a public forum just to prove a point.

There is also no similarity between our refunds and what Jack did.

The points of difference against Jack's scurrilous actions are manifold:

First: Bumper received customer approval to resell the machine(s).
Second: Bumper refunded the money collected.
Third: Bumper are answering queries in public forums and your mate Jack is silent.
Fourth: Bumper did not resell the machines BEFORE the customer knew what was going on.

Got any more comparisons to be straightened out?