Originally Posted by joelparks

Yeah, I get it. I understood it before I ordered (in August). That's even why I ordered from him. I'm totally psyched for the guy that he also has that Long Jan-style cargo bike project in the works. I think the US needs more cargo bikes. Especially since I ride a dedicated cargo bike (big dummy). I just wish his priorities included making steady progress on delivering his existing orders before going back for overtime on the new project(s).

Maybe my mistake was making an order for the rack, and then making a subsequent order for a T-Shirt which he doesn't actually offer as a stock item. Maybe he's holding up my rack until the T-Shirt production happens? Anyway, now I want the new style struts and a fence and the T-Shirt needs to say "CETMA Cargo" instead of "CETMA Racks". But I'll be damned if I'm going to jeopardize my place in line by effing with the standing order now.

Whatever. I guess since my wife and kid probably won't be riding on the Big Dummy for the next couple (four) months at least, I won't need the extra cargo space until it warms up here outside Boston. Maybe Lane will figure out his order-fulfillment process by then. Damn I hope so.

Originally Posted by Live2Die

Just shoot Lane an e-mail and I'm sure he'll accommodate some of that. And I dont think any of that would change your place in line, in fact I know that it is actually easier for him to use the new struts and they are well worth it. I just was actually talking with lane and as I've said before he's a great guy and running this whole deal himself so order times are to be expected and the product is well worth the wait, but if you have any questions shoot him an email or a phone call. Cheers

Originally Posted by lancekagar

Yes, it's true, Scroll. Almost.

CAT, The Center for Appropriate Transport, is threatening to sue me for violating a non-compete contract I signed when I worked there. The extremely broad (my opinion) contract states (paraphrased):

"For two years after, employee shall not compete with CAT, either directly or indirectly, thought(sp?) employment, or on a consulting or advisory basis, or in many(sp?) other manner, for any entity which provides products, processes or services that are similar to or which compete in the marketplace with CAT's products, processes or services, within the geographic area in which CAT's products, processes or services are sold, including not less than all of the state of Oregon..."


A letter from their attorney states:

"...you are acting in a manner that is immoral and unethical, and that is a violation of CAT's rights."


So despite the fact that I haven't used any of their trade secrets, design ideas, or clients, and NEVER designed or built their bikes during my brief employment there (I was a part-time bookkeeper and one-day rider for their courier service), and waited a full year before producing my cargo bike, CAT is demanding that I either:

A. Stop violating the agreement until my contract expires (late December 2009) and pay a settlement for any bikes I may have sold.

Or...

B. Pay them $10,000 to be released of the contract.



I went to talk to the director at CAT and asked if we could please talk things out, come to an arrangement, or compromise somehow. He accused me of acting unethically. I said I disagreed and at that point he seemed to become very upset and told me "to walk", which I found sort of ironic (I think "ride" would've been more transport "appropriate". Oh well). He stood up, I stood up, and he shooed me out the door. Later, I sent him an email which said:

"Let's talk for real. Calmly, civilly, and with mutual respect. I am willing to meet with you anywhere at any time. I'm eager to listen to your point of view, and hear what you have to say. Let's work out our differences in some way, whether it be an arrangement or compromise. We can manage this conflict productively. We're only two people. It can be easy. A LOT of time, energy, and money to be spared by both of us if we can negotiate something. This is an attempt to communicate with you. Please feel welcome to respond to this email, call me at 541-515-3936, or come to my home anytime. I live at 2260 Kincaid St.

Sincerely,
Lane"

A few days later he wrote back, saying my email was appreciated, and negotiating differences beats the alternatives, and I'd be expecting a letter from his attorney (still, no offer to simply sit at a table together and talk).

I received an email from the lawyer last week, and that's when the demand for money was made.

In MY OPINION, CAT's actions demonstrate the exact opposite of what its legacy and mission statement claim to stand for. I believe CAT is misusing the nature of this contract as a convenient tool to suppress and restrict normal and ethical competition.

So now the ball is in my court. I'm very interested in hearing everyone's opinion regarding this situation, as well as legal advice, personal experiences, etc...



Obviously, the web is chock-full of info regarding this type of contract. Here's some basic info:
Wikipedia-Non-compete agreement
From the Labor Law Center

Originally Posted by catoregon

After reviewing the current thinking regarding the use of Non Compete
Agreements, both in the States and overseas, it is apparent that they
are on the way out, except in specific situations. At the founding of
CAT in 1992, non compete agreements were standard procedure. Therefore,
we included it in our employment process. Lane Kagay signed such a 2
year agreement in 2007. However, after examining the pros and cons of
these agreements, we are withdrawing the non-compete clause from our
employee contracts and releasing Lane Kagay from the Non Compete
Agreement that he signed.

CAT is known as a teaching/learning center, both for employees, students
and the public at large. Many former employees (and students) have gone
on to work in the bicycle industry and in bicycle advocacy. We further
pedal power through our public programs, including youth education, a
workspace rental area, repair classes, framebuilding classes, and our
new Cargo Framebuilding Apprenticeship Program. CAT is honored to have
inspired so many people to follow their human powered passions. We are
proud of that legacy.

We believe in the uniqueness and strength of our original mission, which
is "community involvement in manufacturing, using, and advocating
sustainable modes of transportation". After nearly 20 years of hard work
we are glad to see the extraordinary growth of human powered transport
throughout Oregon and around the States.

For more information about CAT, please visit catoregon.org

Originally Posted by pdxsteve

Three week wait, seems worth it for a good product. Phone calls to check progress (two) were returned by the next day and he does answer when you call him if he's not busy. Ordered one unfinished to save some coin and it's at home drying right now.

Steve in Portland

Originally Posted by pdxsteve

Sometime between the 10 to 15th of April, received the rack around the 30th or so. So a little less than three weeks. Went with a four rail (same as a five rail with one less), unpainted.

Oh, and by the way, for those aspiring painters out there, don't spray too thick, it never dries hard. Starting over on my paint job today. I should have it/have had it powdercoated but I want the damn thing on my bike!

Steve

Originally Posted by pdxsteve

Sounds like you need to take this offline/off forum and give him a call.

Originally Posted by Tujunga Kid

Sounds like he's already tried that. I'd say keep pounding away on the communication and it'll come; I don't think Lane is a ripoff, just too busy.

It's frustrating, though, I know.

- Mark