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Wow. Quite the mess. Sorry for your predicament OP
Steve
Mo.
I miss the days of using my dinghy with a girlfriend too. Zack Butler-4/18/24
The Revos apparently are designed to clamp railroad ties and pull together horrifically prepared joints
WaterlooMark 02/9/2020
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(03-24-2018, 11:35 AM)Derek Cohen Wrote: This sounds like so much pseudo-legalese designed to intimidate. It effectively says "take what we send you. You'll be charged for refusing it". I'm not a lawyer but I cannot imagine it being upheld in a court.
Anyone who can comment? For the next victim who needs to know that the threats are hollow (or not).
Regards from Perth
Derek
In the US, the Uniform Commercial Code would be applicable to this transaction, and it would depend on whether in the purchase contract the "shipping advisory" was incorporated by reference into the contract of sale, and when and if the terms of that advisory were made known, or available, to the buyer at the time of the contract. Normally, damaged shipments can be refused without penalty, but that can be varied by the individual contract. I would have to see the original purchase contract and read the "fine print" to determine what and what not might be proper to be claimed by the seller. It's a shame, what occurred here. I'm a lawyer, and because of that if this happened to me I would make their life totally miserable, and they would spend more money on lawyers than the machine was worth, but to tell the truth, I've never had to litigate on my own behalf. I act reasonably, and when at an impasse, advise them that I'm a lawyer, and we can do this the easy way, or the hard way, and without exception I've gotten reasonable satisfaction and the benefit of my bargain. One of the benefits, along with the deficits, of having a law license. Perhaps when I'm retired, I might be a bit more aggressive as I'll have more time on my hands, LOL....... consumer fraud statutes common in many states allow for treble damages for misrepresentations of material facts in the connection with the sale of goods, and here, if the "shipping advisory" was not disclosed but attempted to be enforced as part of the contract, the OP may be able to get a lawyer to take the case, as counsel fees are also awarded to the successful consumer.
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Non impediti ratione cogitationis
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And Sam the sales guy just does nothing....
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(03-29-2018, 06:22 PM)fall Wrote: And Sam the sales guy just does nothing....
I would think, Sam should (and WOULD) be right in the middle of this dispute.
Steve
Mo.
I miss the days of using my dinghy with a girlfriend too. Zack Butler-4/18/24
The Revos apparently are designed to clamp railroad ties and pull together horrifically prepared joints
WaterlooMark 02/9/2020
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A really odd thing happened yesterday. Chase called me and said they had not closed the case and were going to try and help me. So we shall see. Its too late now for the most part, I have replaced all the damaged parts except for the dado insert. The crosscut fence is giving me a hard time but other than that it cuts things. Can't wait to see what happens when I order a spare scoring blade belt.
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(04-04-2018, 08:09 PM)Pondracer Wrote: Can't wait to see what happens when I order a spare scoring blade belt.
Betting they're made of unobtanium.
Maybe McMaster-Carr.
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(04-04-2018, 09:40 PM)Phil Thien Wrote: Betting they're made of unobtanium.
Maybe McMaster-Carr.
It is super thin, very light, like a big flat rubber band. I figure I should get a couple of spare belts as the saw is discontinued. A convenient fact that was left out of the sales process.
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(04-04-2018, 10:15 PM)Pondracer Wrote: I figure I should get a couple of spare belts as the saw is discontinued. A convenient fact that was left out of the sales process.
That would have been the last straw for me. I would have filed suit.
Steve
Mo.
I miss the days of using my dinghy with a girlfriend too. Zack Butler-4/18/24
The Revos apparently are designed to clamp railroad ties and pull together horrifically prepared joints
WaterlooMark 02/9/2020
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(04-04-2018, 08:09 PM)Pondracer Wrote: A really odd thing happened yesterday. Chase called me and said they had not closed the case and were going to try and help me. So we shall see. Its too late now for the most part, I have replaced all the damaged parts except for the dado insert. The crosscut fence is giving me a hard time but other than that it cuts things. Can't wait to see what happens when I order a spare scoring blade belt.
Maybe someone there caught this thread (yeah, right!)...but that does seem odd. It will be interesting to hear what they do.
I started with absolutely nothing. Now, thanks to years of hard work, careful planning, and perseverance, I find I still have most of it left.
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(03-23-2018, 08:18 PM)Pondracer Wrote: I just wanted to touch on a couple replies here. First, I posted this up knowing some people might not agree with how I handled this situation. Its totally ok, in fact its useful for me to see. Down the road I hope its useful for someone else, not just in purchasing a saw from SCM Group, but from any manufacturer.
You are correct, I should have said 4 months, my mistake. I meant from the time the saw arrived at my door which was around January 1st.
I totally missed this part, it was kind of a bonehead statement. I'm guessing he's not betting on me bragging about my saw to my friends.
Well from how things happened with Chase (they went from being on it every day to waiting two weeks to contact me), I am guessing that SCM's bank account is much more important to them.
This is one of the more important replies. Thanks John. I was not allowed to refuse shipment. But I want to be fair because I didn't know I wasn't allowed to refuse shipment. In fact the driver stood around waiting to see if we would refuse shipment. Only later I found out that the actual terms for the shipment were emailed to me on the same day the truck picked the saw up from the warehouse. It was never brought up during the sales process. The purchase docs prior to 12/29 said only that shipping and insurance would be provided. I was never given the opportunity to question, disagree or refuse those terms.
The shipping advisory sent on 12/29 said "Refusing a shipment without authorization from SCM Group or our warehouse staff may create charge back expenses to the customer (including but not limited to return freight charges, re-shipping charges, repackaging costs, labor etc.) should inspection conclude that damages were minimal or cosmetic!" Their exclamation point. We did try to call, but as has been typical throughout this process, nobody answers, you leave a voicemail and nobody calls back, or waits so long to contact you that its irrelevant.
I sincerely hope that you can eventually get to the point of enjoying this tablesaw, after all you've been through. For a company to do what this one has done to you, tells quite a story of how truly bereft they are of any semblance of customer service or just doing the right thing. It's difficult to believe that ANY COMPANY would have a clause such as the one you've posted in blue above relative to refusing shipment. As Derek said, it seems this would be in violation of some law.
To discover that it has now been discontinued is just rubbing salt in the wound. Thank you for revealing just what a sorry company SCM is to deal with - I had no idea. They have definitely sullied their name.
Doug
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