Enviro Smart NewsHOME ORDER SUPPLIES FAQ FILE DOWNLOAD PAGE This page is for customers who have Enviro Smart supplies. We realize that while partnering with Enviro Smart for the past 8 years as our single processor, that there is still a massive quantity of Enviro Smart return supplies unaccounted for. We also understand that many of our customers set up programs by distributing the single use envelopes with the return address of Franklin, TN and that those programs cannot be changed or stopped easily. Enviro Smart has listed the value of all items received after July 10 2007 as zero. They have not responded to letters sent to them and they evidently do not intend to honor the contract. We will update this page periodically as news becomes available. Thank you for your support for the last 8 years. The end of one opportunity opens up others. We look forward to serving your recycling needs as we develop new programs and work to protect your (and our) interest and investment in time and money in the Enviro Smart programs. Tim Houston, Enviro Solutions LLC
Posted June 12, 2007: On June 11, 2007 we (Enviro Solutions) received a letter from Enviro Smart stating their intention to immediately suspend supply provisions (after checking on shipping records it appears that Enviro Smart suspended supply shipments on May 15 without notification) and to set the value of all items received after July 11, 2007 to zero. This means that they do not intend to pay for any items received after July 11, 2007. This notification came as a total surprise to us with no prior warning. After reviewing our contract with Enviro Smart we have determined that this is a breach of the contract on the part of Enviro Smart. The contract states that should a breach occur, Enviro Smart has 30 days to cure the breach or Enviro Solutions has the option to terminate the existing contract and Enviro Smart is bound to process and pay for all returns for a period of 12 months. The value of these returns is set by contract to the value in effect immediately prior to the breach. Enviro Solutions has exercised this option to terminate the contract and expects Enviro Smart to honor the terms by continuing to process and pay for all items received for the next twelve months. Enviro Smart has not communicated their intentions to us at this time. Should Enviro Smart refuse to honor this clause we will post phone numbers and addresses to Enviro Smart so customers can express there concerns directly to Enviro Smart. Posted June 29, 2007: Enviro Smart has relayed to us the following information. A change in processing location and transportation methods now mean that the time frame for processing all returns using Enviro Smart supplies will be 6 to 8 weeks. Posted August 18, 2007: We received a letter from Enviro Smart acknowledging receipt of the notification sent to them charging a breach of contract and exercising our rights under the contract to terminate the agreement. They do not admit a breach at this point and they have asked for more information so their lawyers may "study" the situation more closely. They have not stated that they will honor the terms of the contract by paying for returns received after July 11. But they also have not said that they would not pay. More information will be posted as it is received. Posted October 6 2007: Another letter was sent to Enviro Smart on September 20, 2007. There has been no response to either this letter nor the one sent in August. Enviro Smart has listed all returns received July 10 and after as having no value. They do not intend to pay for these cartridges. We are in contact with other former Enviro Smart representatives and we are discussing further action. Posted October 20, 2007: Despite several attempts (by letter and phone), Enviro Smart is not honoring terms of the contract/agreement in effect. They have not paid for returns received after July 11, 2007. We are currently discussing our options with legal advisors. DO NOT USE ENVIRO SMART RETURN SUPPLIES. YOU WILL NOT RECEIVE PAYMENT. Posted December 12, 2007: Enviro Smart and their parent company NuKote, have refused to respond to the last two registered letter sent to their attorney. It is clear that they have no intention of honoring the contract nor making any further payments. Please feel free to contact them directly in Rochester, NY to voice your concerns. They continue to accept delivery of all cartridges sent using the return supplies that were distributed but refuse to pay as obligated under the terms of the contract. Posted January 21, 2008: Enviro Smart continues to ignore inquiries from customers who have contacted them directly (most often by email from their website www.envirosmart.com). They forward these complaints to us. Enviro Smart is accepting and taking possession of all items sent using Enviro Smart supplies and they are marketing them and realizing large profits by not paying customers for the returns. Posted March 20 2009: After prolonged negotiations with Enviro Smart lawyers, we still have not reached an agreement. They have stopped responding to emails and letters and it appears we have reached a point where a settlement outside of court is impossible. We are discussing our options with our own lawyers. We do not know all the facts at this time, but we have learned that Enviro Smart (NuKote) has an operation in China and is planning another plant in Mexico. The China plant is in a region of China that has become known as the dumping ground for the world's waste electronics. There are serious environmental and health problems associated with toxins that are produced when the materials are "processed" there. We urge all customers to avoid NuKote and Enviro Smart products. |
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Last modified July 4, 2010
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