Due to the actions of employees of ***-way, Inc. (***-way) I have suffered damages. I am not concerned that my shipment was delivered late, as I explain below, but that ***-way employees intentionally and blatantly mislead me. It may be common knowledge within the business community that ***-way cannot be trusted, but lack of that knowledge was costly to me and probably will be again to other consumers who are as naïve as I was.

On February 4, 2014, I ordered 1,000 copies of a new book I wrote, entitled The Other Rose of Texas, from Signature Book Printing of Gaithersburg, MD. It was my intent to sell and sign this book in the Alamo Gift Shop, where I have been selling and signing my other book, The Alamo Story and Battleground Tour, since the year 2011, producing over $157,000. in revenue for the Alamo. I also planned to sell the book on Amazon.com and on my own website, www.shop.alamostorytour.com.

On Wednesday, March 5, 2014, a representative of ***-way called me and scheduled the delivery of these books on their Invoice Number 132-203116, to arrive at my home on Thursday, March 6, 2014, between 10:00 A.M. and 2:00 P.M. Whereas our conversation constituted an offer and acceptance, with the books as consideration, I believed it was a contract.

Based on this contract I: (1) Issued a press release announcing that my new book was available for delivery, and (2) Scheduled events in San Antonio, and made other commitments for the period, March 6 - 9, all of which required that I be able to deliver copies of the book. During this unique period many dignitaries and opinion leaders were at the Alamo to celebrate the anniversary of the battle and I was already scheduled to sign books there and then.

When the books had not arrived by 2:12 P.M. on March 6, 2014, I called ***-way and I was told my books were still in Nashville, TN. During further discussion I was told it was the policy of ***-way, as a means of reducing the cost of warehouse space, to promise deliveries without knowing they can be made. In other words, if a shipment arrives at the ***-way location, it does not have to be stored because delivery has been promised, but if it does not arrive at the ***-way location, only the consumer is adversely effected.

Even after ***-way knew that my books could not be delivered as promised, no one at ***-way bothered to inform me. As it was, I did not know that until late in the day on Thursday, March 6, 2014, when I called ***-way, looking for my books. Had I known earlier that day that I would not have the books, I might have been able to reduce the damage by canceling some of the commitments I had made. As it happened, all I was able to do instead was apologize to the people who were depending on me.

Because I could not deliver books, I have suffered damages, both financial and otherwise. Because I was unable to successfully launch my new book at this unique and critical time as I had arranged, I estimate I have suffered these damages:

• Damage to my reputation for not keeping my promises to deliver copies of the book,

• Damage to my Amazon vendor rating because I was unable to ship Amazon orders within 2 days as my agreement requires,

• Damages for lost telephone order sales because I could not deliver the book,

• Damages for lost sales for failure to deliver promised copies to certain individuals who were expected to order large quantities of the book, and

• Damages for lost future sales because I could not deliver promised copies to persons gathered at the Alamo for various meetings, March 6 through 9 (anniversary of the battle) including:

o Texas General Land Office (GLO) Alamo manager who must approve the book in order for me to sell it in the Alamo Gift Shop.

o Manager of the Alamo Gift Shop whose endorsement I need to get a book order from Event Network (Alamo Gift Shop operator).

o Presidents of more than 105 chapters of the Daughters of the Republic of Texas and Sons of the Republic of Texas, who influence their members book buying decisions as well as the GLO decision about selling the book at the Alamo.

Subsequently, I hired an attorney to seek compensation for my damages from ***-way. In due course my attorney advised me that ***-way did not deny being at fault and causing my damages, but refused to compensate me because they were protected from recourse for their actions by contracts and tariffs. In effect, they said they were allowed to do business and mislead the public as they pleased.

I have documents for your examination that support the above statements about ***-way, should you be interested.


Dean Kirkpatrick


Monetary Loss: $28000.

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