Les Robertson
BANNED
- Joined
- Oct 10, 1998
- Messages
- 3,565
With all the talk on this forum over the last couple weeks. While I was at the ECCK Show this past weekend. I talked to one of the Knifemakers Guild Board members as to exactly what it takes to get the Guild involved with getting a maker to do what they have agreed to do. Both ethically and legally.
First you must write (Not call, not email, write) a formal complaint to the Guild President Al Pendray (address to follow).
You must explain the facts (dont embelish or use nasty language, stay the professional in this endeavor). If you have a copy of a cancelled check or a order form enclose a copy (not your original)when you send your written complaint to Al Pendray.
Upon receipt of this letter, it will be turned over to the Guild attorney who will contact the maker in the complaint.
The maker then has 30 days to respond to the Guild attorney.
At this point he can:
1) Tell his side of the story, bascially disputing your claim (hence the check and/or the order form).
If this occurs and you cannot substantiate you claim, you may find yourself in a losing battle.
2) The maker agrees there is a problem and says he will take care of it. Taking care of the problem may present its self in 1 of 3 ways.
A)He makes the knife immediately
B)He refunds the deposit
C)You refuse the refund (although this may not be an option)and he has to make the knife or you work out an agreement on a new delivery date for your knife.
Once an arrangement has been worked out to each parties satisfaction. The maker will have to live up to their end of the bargain. Failure to do so will result in possible expulsion from the guild (note I said possible).
What does this mean to those of you who have a deposit with Emerson. That should you choose this course of action, most, if not all of you can figure on just getting your deposit back.
This may be the prudent course of action. On KnifeForums in the Emerson room an Individual had a knife on order for 3 1/2 years. When he called to check on it again, he was told it would be an additional 3 1/2 years. So when you call up to order and your told its 3 1/2 years, remember they really mean 7 years.
However, you never know, Emerson may decied to honor his commitment and actually produce your knife. Is that a group of pigs flying over head?
Ok, so here is Al Pendrays address:
Rt.2 Box 1950
Williston, FL 32696
(352)528-6124 (only call if you have a question, remember it has to be a formal written complaint).
If enough of you write, some action will have to be taken. It is time for those of you who provide individuals in the custom knife business the ability to pay their bills. To demand that this small group of makers who for what ever reason do not live up to their end of the contract.
Did I say contract, yes I did. Most of you may not realize that by sending a maker a check and him accepting the check and then cashing it. That maker has entered into a contract and legally liable to fullfill that contract. Yes, in many states you can sue these deadbeat makers and recoup all your expenses. If the claim poor, the courts can put liens against their property. Which means if a judgement is found against the maker and a lien is put on his car. He cannot legaly sell that car without paying you first. The same can be done to his house, boat, etc.
I have a call into the Postal Inspectors. When I get my information from these individuals I will post another topic.
Just for starters, since most of us pay by mail, failure to fullfill a contractural obligation can be construed to be mail fraud. This is a Federal Felony!
Remember, this is a double edge sword. These things that work against a maker your having problems with. Will work against you if a maker is having a problem with you.
Dont buy more than you can afford.
------------------
Les Robertson
Robertson's Custom Cutlery
http://www.robertsoncustomcutlery.com/rcc/makers.shtml
I thought I was wrong once, but I was mistaken.
First you must write (Not call, not email, write) a formal complaint to the Guild President Al Pendray (address to follow).
You must explain the facts (dont embelish or use nasty language, stay the professional in this endeavor). If you have a copy of a cancelled check or a order form enclose a copy (not your original)when you send your written complaint to Al Pendray.
Upon receipt of this letter, it will be turned over to the Guild attorney who will contact the maker in the complaint.
The maker then has 30 days to respond to the Guild attorney.
At this point he can:
1) Tell his side of the story, bascially disputing your claim (hence the check and/or the order form).
If this occurs and you cannot substantiate you claim, you may find yourself in a losing battle.
2) The maker agrees there is a problem and says he will take care of it. Taking care of the problem may present its self in 1 of 3 ways.
A)He makes the knife immediately
B)He refunds the deposit
C)You refuse the refund (although this may not be an option)and he has to make the knife or you work out an agreement on a new delivery date for your knife.
Once an arrangement has been worked out to each parties satisfaction. The maker will have to live up to their end of the bargain. Failure to do so will result in possible expulsion from the guild (note I said possible).
What does this mean to those of you who have a deposit with Emerson. That should you choose this course of action, most, if not all of you can figure on just getting your deposit back.
This may be the prudent course of action. On KnifeForums in the Emerson room an Individual had a knife on order for 3 1/2 years. When he called to check on it again, he was told it would be an additional 3 1/2 years. So when you call up to order and your told its 3 1/2 years, remember they really mean 7 years.
However, you never know, Emerson may decied to honor his commitment and actually produce your knife. Is that a group of pigs flying over head?
Ok, so here is Al Pendrays address:
Rt.2 Box 1950
Williston, FL 32696
(352)528-6124 (only call if you have a question, remember it has to be a formal written complaint).
If enough of you write, some action will have to be taken. It is time for those of you who provide individuals in the custom knife business the ability to pay their bills. To demand that this small group of makers who for what ever reason do not live up to their end of the contract.
Did I say contract, yes I did. Most of you may not realize that by sending a maker a check and him accepting the check and then cashing it. That maker has entered into a contract and legally liable to fullfill that contract. Yes, in many states you can sue these deadbeat makers and recoup all your expenses. If the claim poor, the courts can put liens against their property. Which means if a judgement is found against the maker and a lien is put on his car. He cannot legaly sell that car without paying you first. The same can be done to his house, boat, etc.
I have a call into the Postal Inspectors. When I get my information from these individuals I will post another topic.
Just for starters, since most of us pay by mail, failure to fullfill a contractural obligation can be construed to be mail fraud. This is a Federal Felony!
Remember, this is a double edge sword. These things that work against a maker your having problems with. Will work against you if a maker is having a problem with you.
Dont buy more than you can afford.
------------------
Les Robertson
Robertson's Custom Cutlery
http://www.robertsoncustomcutlery.com/rcc/makers.shtml
I thought I was wrong once, but I was mistaken.
