Spyderco warranty is worthless

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They have gotten bit HARD before, and intend to never let it happen again.


"OAKLAND - LAWFUEL - American Law Newswire - United States Attorney Scott N. Schools announced that Spyderco, Inc., a Colorado corporation, pleaded guilty and was sentenced today to mailing butterfly knives, which are nonmailable, to pay a $75,000 criminal fine, a $125 special assessment, and to forfeit all such knives seized by the United States Immigration and Customs Enforcement from its corporate offices in Golden, Colorado (estimated to be valued at over $400,000). The guilty plea and sentence is the result of an investigation by United States Immigration and Customs Enforcement ("ICE").

In pleading guilty, Spyderco admitted that from June 2005 through January 2007, it had mailed butterfly knives, after importing the knife components from Taipei, Taiwan, through the Port of San Francisco and the Port of Oakland, to Golden, Colorado. The U.S. Customs and Border Patrol had issued a ruling to Spyderco holding that these knives fit the definition of "switchblade knives" as an imported knife "with a blade which opens automatically by operation of inertia, gravity, or both" and were therefore not allowed into the United States pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245, and were further not to be mailed in the United States.

Spyderco agreed to issue a Notice of Recall on its internet site for these butterfly knives and to mail this recall notice to reasonably identifiable customers. Spyderco also agreed not to import, transport, distribute, manufacture, sell, introduce, or attempt to introduce into interstate commerce knives defined as switchblades under the Switchblade Knife Act, in violation of the law.

The sentence was handed down by U.S. Magistrate Judge Wayne D. Brazil following the corporate guilty plea to one violation of Title 18, United States Code, Section 1716(j)(1), a class A misdemeanor.

Maureen Bessette is the Assistant U.S. Attorney who prosecuted the case with the assistance of Cynthia Daniel. The prosecution is the result of a one year investigation by the United States Immigration and Customs Enforcement."
 
bitehandler said:
Esav, how is refusing to stand behind their warranty following the letter of the law. The law clearly states that knives with a blade 3" or less are exempt from the federal switchblade act.
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The law that you quoted in your original post states

"(4) the possession, and transportation upon his person"

emphasis on "upon his person". So unless you are planning on driving the knife all the way to Colorado from Oregon, then I would guess the exception does not apply. It sounds like Spyderco is just covering their backside. If I were them I wouldn't risk another $75k fine.
 
Karda said:
Did you buy your balisong directly from Spyderco?
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That was my problem with getting them to correct problems with NIB knives. I'd call and be told unless I bought it directly from Spyderco (who would it's full retail) They had no way of knowing what happened after it left Spyderco. I brought this up with Sal and he took care of me.
 
I would love for some other people to call spyderco and ask about warranty service on a smallfly. I think it would shock most people how pore their customer service is. 800-525-7770 x255
 
The reason I'm asking is that his first recourse would have been to return it to the retailer.
If the retailer could not replace it, it could be returned for warranty service thru that retailer and spyderco would then return it back to them.
 
bitehandler said:
huckabee, After he hung up on me I thought I should have told him about my missing arm. ;)
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Not sure what the wink smiley means, but the way I read line four, if you could show Spyderco that you had only one arm, then I'd think it would be exempted.

Assuming it's legit, then maybe a call to your local District Attorney asking them to call the Golden DA and explain the laws and exemptions. My gut feel is that Spyderco wants to do good, but also doesn't want to even flirt with anything in the grey area. If it were me at Spyderco, I'd at a minimum want a letter from some government entity stating that returning your knife was legal and legitimate. So when questioned, they can quickly say, see, we did this with the permission of XXXX after we had raised the issue.
 
Simpleman, I get all that. It was terrible that spyderco got hammered over something so ridiculous. But they still produce Balisongs. If they are so worried then don't make anything but folders and fixed blades. I think they are obligated to stand behind their product. I am no lawyer but I can read. It doesn't violate any law for them to repair or replace my knife and return it to me.
 
bitehandler said:
Esav, how is refusing to stand behind their warranty following the letter of the law. The law clearly states that knives with a blade 3" or less are exempt from the federal switchblade act..
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IF you only have one arm. Are you an amputee? Can you prove it to Spyderco's satisfaction? Can you convince them that it won't result in another fine by the gov't?

bitehandler said:
No, spyderco wont sell autos or balis directly unless you have military credentials.
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Spyerdco can return it to their authorized dealer, I believe, but not to an individual. Send it back to the retailer you boght it from and get a replacement, or have them send it to Spyderco.

Benchmade is actually the same way, despite what others say. If you need your auto or bali serviced, you need to take it to an authorized Benchmade dealer, who will do the mailing and receiving. Kansas just removed all restrictions on knives, so balisongs and autos will be legal starting July 1. My local gun store has auto Benchmades that I could buy, but if I need warranty work, I would have to take it back to the dealer who would have to send it to Benchmade and receive it from Benchmade. I could then pick up my repaired knife.
 
bitehandler said:
No, spyderco wont sell autos or balis directly unless you have military credentials.
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Then your recourse is to return it where you bought it for warranty service first. As long as it's an authorized dealer.
Spyderco then can legally repair and return it to the retailer. They can't for you because you lack the proper legal credentials for them to do so.
Where you live is immaterial. Spyderco must follow the law and is only protecting their business by refusing your warranty service. Are you really expecting them to break the law to satisfy you?

swonut said:
Not sure what the wink smiley means, but the way I read line four, if you could show Spyderco that you had only one arm, then I'd think it would be exempted.

Assuming it's legit, then maybe a call to your local District Attorney asking them to call the Golden DA and explain the laws and exemptions. My gut feel is that Spyderco wants to do good, but also doesn't want to even flirt with anything in the grey area. If it were me at Spyderco, I'd at a minimum want a letter from some government entity stating that returning your knife was legal and legitimate. So when questioned, they can quickly say, see, we did this with the permission of XXXX after we had raised the issue.
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No district attorney or gov't agency is going to give anyone permission to do something like this. He'd be wasting his time.


bitehandler said:
Simpleman, I get all that. It was terrible that spyderco got hammered over something so ridiculous. But they still produce Balisongs. If they are so worried then don't make anything but folders and fixed blades. I think they are obligated to stand behind their product. I am no lawyer but I can read. It doesn't violate any law for them to repair or replace my knife and return it to me.
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Yes it does....it violates the Federal statute against interstate transport of prohibited items.
 
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United States Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF SWITCHBLADE KNIVES
Section 1241. Definitions
As used in this chapter -
(a) The term ''interstate commerce'' means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof.
(b) The term ''switchblade knife'' means any knife having a blade which opens automatically -
(1) by hand pressure applied to a button or other device in the handle of the knife, or
(2) by operation of inertia, gravity, or both.
Section 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty
Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
Section 1243. Manufacture, sale, or possession within specific jurisdictions; penalty
Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
Section 1244. Exceptions
Sections 1242 and 1243 of this title shall not apply to -
(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting in the performance of his duty; or
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm.
 
Karda, I don't think warranty service would violate any of the law I posted above. And line 4 of the exemptions clearly says 3" or less blade length are exempt from all these laws. So no I dont expect them to break any law. Don't forget they aren't afraid to produce these knives they just wont fix them.
 
Karda, since you seem to be sticking up for spyderco please explain why line 3 is a exemption that they will work with but not line 4.
 
I think you should get ahold of Sal or Eric directly and discuss the matter. I wouldn't be happy wither.
 
So you own a knife that is illegal for you to possess or transport, want Spyderco to repair it and mail it back to you even though they have already been severely fined for mailing such knives and even though they have explained why they cannot mail it back, you have now declared to the world that their warranty is worthless?

Did they actually say that they wouldn't warranty the knife or that they couldn't mail it to you, because those are separate issues?

Seems like dealing with the authorized dealer you purchased it from is good advice. Either that or chop an arm off and hand deliver it (with the remaining one) to Golden and wait for it to be repaired or exhanged. It doesn't sound like Spyderco is screwing you over, it just sounds like they don't want to get screwed over again.
 
Thanks rev, maybe one of them will pm me when they see this thread. If not I will try to contact them tomarow.
 
bitehandler said:
Karda, I don't think warranty service would violate any of the law I posted above. And line 4 of the exemptions clearly says 3" or less blade length are exempt from all these laws. So no I dont expect them to break any law. Don't forget they aren't afraid to produce these knives they just wont fix them.
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Do you really only have one arm? By your wink smiley I think not.
That is what that exemption in line 4 applies to.

(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm.
 
bitehandler, you can post any law you please here, but Spyderco will still consult their own lawyers, not you. We get that you are unhappy. Do you want to rant or to get results? We have had a suggestion that you contact a dealer.
 
It would seem that the usual negotiation procedure applies. Cool down, make contact, work it out, rinse, repeat, post back here to let people know how things turned out.

When next you make contact might I suggest that instead of proposing your solutions, try laying out the problem with all the facts and then asking for their solutions. Working through the dealer might be necessary.
 
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