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Forum: Pentax Price Watch
04-24-2014, 12:56 PM
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Caveat emptor only applies if the description is accurate. If the vendor misrepresents it is caveat venditor.
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Forum: Pentax Price Watch
04-15-2014, 12:25 PM
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Taking a $900 sale gone wrong due to vendor error and offering a 320% substitute product is neither good biz nor "reasonable" under any common law legal standard I know. Usually you compensate new the same price point. Not doing so invites bait and switch finger pointing because this is precisely how bait and switch operates. It's all about misrepresenting.
And if you knew anything about US defamation you would know the onus is on the subject to prove. So B&H would have to demonstrate that a 320% return offer could not be seen by a reasonable person as a bait and switch tactic. Good luck with that.
It's poor customer service to mess up a $900 sale and then offer a discount on a $4,000 product. In the whole transaction that offer was B&H compounding the error, not making it better. For a company with a "pro" designation in their motto, that is not professional service in any way.
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Forum: Pentax Price Watch
04-12-2014, 09:35 AM
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Part of the problem here was that the B&H listing was wrong AND they sent him the lens. It wasn't just a paperwork error. B&H are the pros here, as advertised. That's not just trade puffery but their commitment to the customer.
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Forum: Pentax Price Watch
04-11-2014, 07:56 PM
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He's out of opportunity, converted stock (he sold the Sigma to make room for this), and deferred use and enjoyment.
The B&H photo was wrong. B&H is responsible for their listing, so their error.
A minor discount of 5% off a replacement starting at 4x premium is not what I would call reasonable, and I mean that in a legal sense. That smacks of bait and switch upsell.
They should have offered him better compensation to make their error right. Maybe the DA*300 + the new teleconverter for $300 off the package. Something that makes the customer whole, especially after his recent $5k outlay (easily verified).
The whole point of B&H being B&H is their professional reputation for accuracy and knowledge of all things photography. Don't compare them to Amazon or some eBay seller; B&H wants the prestige, they need to maintain it. Their catalogue cover (right in front of me) states very clearly: "The Professional's Source". Then the inside cover goes on about their 40 years of doing right by customers.
I am not saying there is an FA*400 out there to sell at the advertised price. When I see a tacked on $3,000 substitute offered....that is not very good customer service.
---------- Post added 04-11-14 at 11:59 PM ----------
You do realize that those disclaimers have about zero legal standing in contract?
A vendor cannot set an overriding precondition that could potentially void all representations or warranties that exist in law, common or statute. Note also that this statement only speaks to the whole B&H site, not each individual listing, and does not become a part of the sale. That's the whole point of a sales agreement and receipt.
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