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srinsocal

10/31/23 12:05 PM

#323625 RE: JNdouble1 #323620

To get the "exclusivity" a minimum order clause would have been written into the contract

It was no surprise for KT when they lost exclusive US rights.

Placing a product on a CVS shelf makes it readily available but it does not create demand for that product. Especially a novel product that most consumers know nothing about.

BIEL's job was to manufacture the Wave, they fulfilled their end of the contract.

KT's job was to create demand for the Wave and order a minimum number of Wave devices per year, they did not fulfill their end of the contract.

Regarding your opinion the CEO of KT does not like the Wave, he would have needed to approve a new product that required several hundred thousand dollars in investment.

The KT Wave is KT's only FDA Cleared product. If the Wave goes away KT loses its FDA Medical Device legitimacy and they return to being a 'Wellness Product' company.