mhiscox
Expedition Leader
I appreciate the time of anyone who reviews the contract posted above. As the comments have shown, I think a careful reading will give plenty of information that will be useful for people hoping to understand the customer relationship I had with Dion. Note carefully the sections that unequivocally state how Red Cannon was an independent contractor doing work for hire.Haf-E, you are correct in that re-negotiated contract was needed. There have been, in fact, about 8 or so various contracts written. The last contract states a revised end date of May 23rd, which Mike did not abide by. Perhaps Mike felt that it was acceptable to break the contract, since he is the person that wrote each one.
I did not expect Dion to do his work with only the $10,000 I gave him. The contract clearly states that the money was only to buy equipment and that all labor and other costs were the responsibility of Red Cannon. At the time that I signed on to help, Dion misrepresented that he had a wealthy investor (going so far as to give me the name) who had given him substantial funding. The XV-JP was, as stated, provided only to give him a practical way to make his prototype, and it's really been the pits to have had this good deed/no-benefit-to-me relationship turned against me.
There were NOT eight contracts. What Dion posted above is the sole contract. The reference to May 23rd is from an e-mail and has nothing to do with the contract. From that e-mail, here is the only mention of the May 23rd delivery date:
I have accepted a delayed date of on or before May 23, 2016 to receive the completed Jeep back from you. I’ve agreed to this new date primarily so that you can travel to the Overland Expo West show to exhibit the finished Jeep. However, should you decide not to attend, the date remains and you will make the completed Jeep available for me to pick up at your company’s location or some other place we agree to. I will not be agreeing to any further extensions and, should the Jeep not be completed to a high standard by May 23 at the latest, I will turn the matter over to an attorney for resolution.
I was entitled to undo this previous extension once Dion told me that he was not going to exhibit at Overland Expo West and that I needed to give him another $20,000 before he could complete the truck. The contract specifies that:
If at any time during the agreement Red Cannon concludes that it cannot adequately modify the cabin and Jeep within the $10,000 budget, Red Cannon shall return the Jeep to an operable condition and the Jeep, including any parts and supplies paid for but not yet installed, is to be returned to Hiscox, the arrangements for such return to be negotiated should the situation arise.
This is a clause of the contract that I could and should have implemented many months earlier, but it wasn't that I had the photographs that I realized the no substantial work had been done since the summer.
I could go on, but there's probably no point. I am flabbergasted that he would post this contract for you to review, particularly with legal action hanging over his head. But I'm glad he did; it seems very damaging to him.
And should Dion next post or cite a bunch of encouraging and supportive e-mails he has from me, remember that because of the misrepresentations he made about progress, expositions, unveilings, delivery dates and all, I had imagined that the Jeep was, since last year, close to being ready to return. I was his good buddy until he told me in February that I'd have to come up with another $20,000 to get my vehicle back in finished condition. That was when I decided to hire a photographer to truly evaluate what was going on, but even when I said I wouldn't pay the money and needed to take it back, he was cooperative. It is only after I reported to this forum that he had ruined the valuable and well-appreciated XV-JP Northwest Edition that the relationship went to hell.