[TenTec] dealer networks: AES NO value added

[Robert & Linda McGraw K4TAX]

Jim:

I understand your concerns and your frustrations with regard to receiving
something that is defective.

>From my viewpoint, for 15 years I was responsible for Customer Service in
the USA for a major offshore electronics manufacturer.  First, there's
Dealers and then there's Distributors.  In many cases, a person purchases
something from a Distributor as opposed to a Dealer.  Most customers don't
know the difference.  To that end, there is a difference in the warranty
process legally.  Secondly, most manufacturers do desire to know about
product related problems. To that end, providing an 800 number is the most
effective way to get feedback from the customer base.  For the most part,
Dealers could care less and thus the QA loop back to the manufacturer stops
with the Dealer.

At present, having retired from the above, I work in retail.  The warranty
on products we sell is a "pass through" warranty and we as retailers have no
authority to take any action with regard to a defective product.  The
manufacturer offers "authorized" service in the local area and thus a
customer which has a problem should deal with the "authorized" service
organization and that's not us.

The day of the "mom and pop" retail and service organization is long gone.
The new breed of 800 numbers and mail order business along with profit
margins in the 5% to 8% range dictate what we do today.

You asked about lawyers out there.  Be reminded that when you purchase an
item, you silently agree to abide by the terms of the Warranty Agreement and
the manufacturer and you have a binding contract.  Your returning the item
to the Dealer violates this agreement and should the Dealer stand pat, you
are out in the cold with a defective product, and no valid warranty and thus
no responsibility from the manufacturer.

Each state has different laws on this subject but I've been down the path on
both sides, from both ends and with a host of corporate lawyers on staff.
Bottom line......you loose.

The solution is to pay close attention to the terms of the Warranty BEFORE
you purchase anything.  If you like what you read then buy it.  If you don't
like the terms you read, then best to pass on the deal.

It's legal, but still I don't agree that it's "customer friendly".  Too bad
the day of the "mom and pop" businesses are gone forever.

73
Bob, K4TAX


----- Original Message -----
From: "Jim Lowman" <jmlowman at ix.netcom.com>
To: <tentec at contesting.com>
Sent: Sunday, February 02, 2003 1:40 PM
Subject: Re: [TenTec] dealer networks: AES NO value added


> I'm sort of glad that I read this thread, although I suspect that it's
time is about up.
>
> This story is not about ham gear, but about a consumer-electronics item,
so feel free to delete now if not interested.
>
> I bought my wife a Philips DVD burner for Christmas, after the price
finally dropped below $800.  When I opened the box to set it up,
> there was a sheet of paper that said "Do not attempt to return this item
to the place of purchase if defective.  Instead, call
> 1-800-etc."
>
> This impressed me as the height of manufacturer arrogance when I read it.
If this unit is DOA or otherwise defective out of the box,
> you're darned right the dealer is going to get it back and give me a
replacement unit in the same type of unopened box, or is going
> to reverse the charge on my credit card.
>
> Fortunately, California has some consumer-protection laws that supersede
in some cases.
>
> If this is indeed a legitimate business practice, it is deceptive to say
the least.  The buyer doesn't see that statement until he
> has returned home and opened the box.
>
> As far as I'm concerned, I buy an item in good faith, expecting it to be
in perfect operational and cosmetic condition.  If such is
> not the case, I expect the dealer to replace it with an identical item
that is.  And, the dealer is in a better position to return
> items to the manufacturer.  Why should I have to go to the trouble and
expense of returning the item to the manufacturer, as well as
> forfeiting the use of it in the interim?
>
> Isn't the simple answer to the dilemma in this thread to:
>
> 1)  always use a credit card, preferably one that has consumer remedies
built in, and:
>
> 2)  dispute the charge with the issuer of the credit card, if not
satisfied with the dealer's resolution of the problem?
>
> Any attorneys out there?
>
> 73 de Jim - AD6CW
>
>
> AC5E at aol.com wrote:
> >
> > If you look carefully at "bargain ads"  you will see terms such as
> > "refurbished," "factory serviced," "demonstrator," "as new," etc., etc..
> > There's nothing wrong with that, they give the buyer a forewarning that
> > someone else has touched the product in question.  And as long as the
> > dealer/manufacturer is willing to stand behind the product I had just as
soon
> > have a "demo unit" as one NIB.
> >
> > But these terms all mean the same thing.  Once the box is open the
product is
> > "used"  under Federal law and must be sold as such.  State law is
another
> > morass entirely.
> >
> > According to my book on marketing several states will not allow a dealer
in
> > their state to resell a refurbished unit at all. Be that unit a car, a
> > camera, an electronic device, or whatever.  Hence, we have outfits like
Tiger
> > Direct who buy quantities of  "refurbs"  and  legally sell them to
buyers in
> > states that outlaw that practice to their local dealers.
> >
> > Bottom line, the guy who made the product has an obligation to protect
the
> > buyer, the dealer, and the importer. He made it, it's his baby to rock.
> >
> > 73  Pete Allen  AC5E
> > _______________________________________________
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> > TenTec at contesting.com
> > http://lists.contesting.com/mailman/listinfo/tentec
>
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