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SURESH BHA,R TI 437,DWARKA COURT COMPLEX
ADVOCATE SECTOR 10, DWARKA
NEW DELHI-110075
Mob.No.9213107534,8800152164
Email: sladvocate00@gma~.com

By Regd Speed Post/Courier/Email

• August 25, 2023
JIATI: LN/2607/01

To

1. Jiatai International Co. India. (New Delhi)

Through its Partner,
Mr. Harpreet Singh .-;
Plot No.134, Opp.Metro pillar no.490,
Swarn park Industrial area Mundka,
New Delhi 110041
Tel: +91. 96543 78126/98109 31245
Email: [email protected]

2. Zhejiang Jiatai Laser Science & Technology Co. Ltd.

No.466, No.14 Binhaiyuan Dist., ETDZ.
Wenzhou City, Zhejiang 325000. China
Email: [email protected]

Dear Sir/ Ma'am,

Our client:
M/S LOYAL SAFE WORKS (hereinafter referred to as "Our Client"), having its office
at B-111 Mayapuri Indl Area Phase - 1, New Delhi -110064 ·

Regarding: Notice to immediately take back and lift the defective of JLC 3015 MD
4000W FIBER LASER METAL CUTTING MACHINE and immediate refund of
consideration of Rs.68,44,000/- paid against installation and supply of aforesaid defective
machine alongwith interest @I 8%

Sub: Failure on your part to remedy the default; contractual lapses/breaches of

the terms of warranty and on training of our staff in terms of your representations
and guaranties in supplying the defective of JLC 3015 MD 4000W ABER LASER
METAL CUIBNG MACHINE found out to be second hand used machine and your
willful neglect and default in timely executing and completing rectification the
defects in Design, engineering, Supply, installation, Testing & Commissioning and
handover of aforesaid machine for commercial use at the aforesaid Unit of our
aforesaid client; criminal breach of trust.
Un~er instructions and on behalf of our client named above, we wish to put you to
notice as under:

1. That you through your authorised representative in response to our client's

requirement of laser cutting machine offered to provide complete tailor made
solution for Design, engineering, Supply, installation, Testing & Commissioning
of JLC 3015 MD 4000W FIBER LASER METAL CUTTING MACHINE at the
aforesaid premises.

2. You the noticee represented and shown your website where the pictures of your
parent Chinese Company the notice No. 2 · Zhejiang Jiatai Laser Science_ &
:echnol?gy Co. Ltd. are deceivingly displayed in the manner to show to give
impression that you·' are the subsidiary of the said Chinese Company
establishe~ in 2002. You represented that you had knowledge, experie~ce and
necessary infrastructure and set up for executing the defect free installatI~n and
hando~e~ o~ complete Design, engineering, Supply, installation, Testing &
Comm1ss1omng and training of our client's staff of aforesaid JLC 3015 MD
4000W FIBER LASER METAL CUTTING MACHINEI as well as financial and
executing capabilities to timely complete the urgent requirement of our client
for the aforesaid machine.

3. That based on your aforesaid representations, undertakings and quotation in

writing and your assurances to compliance of the standards of our client, our
client placed the order and awarded you the contract for complete Design,
engineering, Supply, installation, Testing & Commissioning and training of our
client's staff of aforesaid JLC 3015 MD 4000W FIBER LASER METAL CUTTING
MACHINE.

r t has placed documents before us that as per condition of your

4. That o_ur c ien ·r t invested huge sum of money to create the pre installation
~uotat1on our c ien r our following requirements in terms of quotation:
infrastructure asctp_e Ywith 75 kw 3 Phase online ups with isolation transformer,
. Power conne ion
I, . s outputAC380V ±5%, 50Hz;.
wires UP ' ·t en cylinder (for economic recommend use liquid oxygen or
..11. oxygen or ni rog
nitrogen). . pressure 10 bar (1Mpa), with condensing air dryer (if only
. ompressor •
iii. Air c cylinder then this not required); ·
use oxygen ter air tank pressure minimum 18bar(l.2Mpa); (if only use
• 1 5 cube me ' .
iv. · Under then this not required);
oxvg~n cy nnection direct to deep ground, earth resistance <4Q;
V. Earthling co '
b fore the start. of the installation of the aforesaid machine your
5. That ~tatives visited and verified and approved the aforesaid pre installation
repr~s:ment and accordingly after a brief period of time brought the various
~~i~rof machines at the site and started installation and after the completion of
 l

installation started the test run of the machine but to the dismay and awe of
our client the machine could not work properly and provide the desired
committed output as was promised and detailed in your quotation and
representations. Despite your engineer's number of intermittent visits on the
Pretext of awaiting the parts from your aforesaid Principal Chinese supplier and
considerable efforts, the inherent admitted defects in the said machine could
· not be rectified and Machine could not be pat up for commercial
production/uses till date When the contractual lapses were brought to your
notice, you not only prevaricated, but also did not take any concrete steps to
curb those contractual lapses. Apart from aforesaid issues you the noticee did
not adhere terms and grossly dishonored material and service and failed to
provide training to our client's staff for smooth operation of aforesaid machine
scheduled in terms of our client order and your committed quotation despite
the receipt of full payment for the bill raised for the said machine.

6. That officials of our client at different level overseeing the progress of this
machine, in its mails brought to your notice the continuous default on your part
in rectifying the defect rather of late have shoot off the mail with disparaging
remarks against our client and taking therein the lame excuses and putting the
blame on nonfunctioning of the machine on our client.

7. That our client has placed before us the various reports With regard to machine
from its technical team and investigation got done by our client it has surfaced
that the machine supplied by you the noticee was not the fresh machine rather
was second hand defective machine which our client was forced to take back
from its previous owner placed somewhere in the Najafgarh area, New Delhi
and to your own knowledge conspicuously sold to our client and cheated and
committed criminal breach of trust by supplying the aforesaid defective machine
and has caused unlawful gains to yourself and unlawful loss to our client.

8. You however, failed and neglected to remedy the defaults and did not deposit
the outstanding amount. Instead you sent an email .dated 21-07-2023 and
made a lame and false excuse and putting blame on our client despite
admission in the mail of number of visits by your engineers to our client's site
and failed · to rectify the defect and handover the up and running machine.
Please be informed that delay in supplying the machine in timely manner you
have caused huge business loss and ·opportunity loss to our client despite the
booming Indian economy: · '

9. Besides, from the correspondences exchanged between you and our client, it is
further noted that you raised issues, which were extraneous and contrary to the
agreed terms and conditions of the sale and purchase of aforesaid machine and
we would like to state that your allegations are frivolous and baseless. You
infact attempted to wriggle out of your commitment, of which our client took
very serious note. The allegations are an afterthought, made only with the
intention to cover up the illegalities committed by you in intentionally supplying
 th e d~fective second hand machine with deliberate intentions to cheat and
commit criminal breach bf trust.

Ac~ordingly, we ori behalf of our aforesaid clients finally call upon you the noticees
to immediately get the said second hand defective machine lifted and removed
from our aforesaid address on submissions of DD for Rs. 68,44,000/- towards
re~und of entire consideration of the said machine received by you by way of
misrepresentation and deceiving our clients by supplying the defective second
h~nd _machine alongwith the cost of creating the infrastructure in terms of your
?1rect1ons and conditions of quotation before the suppl~ of the machine alongwith
interest @ 18% w.e.f date of receipt of payment against_the aforesaid machine
consideration till the actual payments alongwith compensation of Rs.10,00,000/-
towards causing business loss, opportunity loss and mental harassment and agony
to our client and sum of Rs. 11000/ towards cost of this legal Notice within
fifteen (15) days from the date of receipt of this Notice failing which, our
client has clearly instructed us to initiate appropriate criminal and civil action
against you the noticees without any further reference at your costs and peril, the
consequences of which, you· may note.

Copy of this notice is retained in our office.

SURESH U
ADVOCATE