DUST: Stellungnahme von Battlefront
Im Streit um den Dust: Operation Babylon Kickstarter gibt es neue Entwicklungen.
Zunächst gab es zwei Stellungnahmen von Battolefront:
Some of you are aware of the recent allegations playing out on Facebook, and are eager for an official statement from Battlefront clarifying our position. For those of you who weren’t aware of the unpleasantness, we apologise for having to bring it to your attention now.
The rumours and speculation on social media regarding the current state of the Dust Operation Babylon Kickstarter are becoming out of control. We would prefer to keep ugly disagreements out of the public eye, but we cannot remain silent any longer without giving the impression that we are hiding something. However, we will not be engaging in a trial by social media. Facebook is not the place to professionally resolve issues. Especially not when we are still optimistic that the situation can still easily be salvaged through negotiation in good faith.
There are two sides to every story, and a significant dispute remains regarding the parties’ obligations. Battlefront has repeatedly sought professional mediation with Dust Studio as a way to resolve this dispute fairly, which is the usual way to resolve contractual disagreements like this. We are still actively pursuing this.
We still expect a satisfactory outcome, but it will come a lot sooner if Dust Studio stop trying to manipulate backers through social media, with a lot of inaccurate and incomplete statements, and instead sit down and resolve their problems in a professional manner. If you really do stand with Dust Studio, the best thing you can do is to encourage them to agree to neutral professional mediation.
It’s Friday, which means it’s time for another update. Unfortunately there’s not much we can tell you right now, except to reiterate what we said on Monday. We’re still pursuing third-party mediation, which is the best process for fairly resolving the current contractual dispute – and which, despite what you may have been told, we can assure you has so far been refused by Dust Studio for unknown reasons. We hope to be able to tell you something more useful soon, but that’s all we can say at this time.
For those of you who have remained patient so far, we thank you for bearing with us; for those who are frustrated and angry, all we can do for the time being is apologise for the way things have gone. However, we are still confident that you will feel very differently once all the facts have been revealed.
When in Spring 2013 Dust Studio and FFG decided to split, FFG offered to honor the time clause of our agreement that obliged them to buy what was called Wave 8 and 9 of products: The miniatures around the Campaign Box “Operation Achilles” to be precise, three months of releases plus the wave around the Second Edition of the rules (another 3 months of releases).
Battlefront was eager to start distributing DT immediately and decided to offer FFG to buy wave 8 instead of them. For Dust Studio it looked good because BF was giving higher margins than FFG, for FFG was good because they were set free from their contractual obligations. ln short everybody was happy…
Wave 9 was planned to be released in Autumn 2013, this was about the New Starter Sets, 2nd Edition Rulebook and a few re-edition of older models. Dust Studio had financed this wave under a Factoring Bank that basically anticipated the funds to us based on the Purchase Orders released by BF in January 2014 (attached).
BF had 90 days as payment terms. They had to pay for the goods directly to the Factoring Bank. Unfortunately that payment never happened (breach of the distribution contract) and of course the Bank started chasing us first and subsequently BF.
at this time we assumed that BF were in light financial troubles so we did not decide to stop working with them but tried to find a way to help instead.
Spring 2014. In those very stressful days we decided to run a KS to release new items (there was a lack of new products releases on the market) and at the same time raise funds and allow BF to pay their debts towards the Factoring Bank.
We proposed a typical KS agreement where both parties equally shared the profits. BF refused that agreement and proposed the one attached here. Where BF would simply buy the goods from DS and keep the profits for them mainly to ensure the payment of those overdue invoices to the Factoring Bank.
Dust Studio CEO Mr. William Yau reluctantly signed the agreement and the Babylon KS campaign started.
The agreement obliged BF to immediately pay Dust Studio for the goods upon receiving the funds. This was done on October 7 2014, the attachment named DS 141K. This was the payment for the so called “Babylon Wave 1″. Of Course before that BF paid the Factoring Bank DBS those overdue invoices (breach of our KS agreement).
Data about the sales NOT a Purchase Order was given to DS in November ?and we all know that BF have been collecting orders and Payments via the Pledge Manager until January 2015 (2 more months). Making the data received in November not accurate at all.
Without ever passing us the data of the totals of miniatures sold, nor a P.O. or a payment.
Tired of begging for what is simply due to us Dust Studio have decided to share this information with the public.
We just want what is ours, complete production and deliver the goods to the backers.
Who in the end, like us, deserve much better than being fooled around, right?
Discussions rotate around the free items that BF offered during the KS campaign. They refuse to pay DS for them. Now this would be natural if our contract did not see DS as a mere manufacturer. But since BF decided not to share the profits DS CEO refuses to share the losses and insists for BF to honor the contract.
The Backers money has payed for their debts basically giving them months of releases for free, which they keep selling making profits…
Wie der Streit sich weiter entwickelt und wie die weitere Rolle von Paolo Parente dabei aussehen wird, ist offen, wir berichten für Euch weiter.
Quelle: Dust: Operation Babylon