Spyderco warranty is worthless

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Esav Benyamin said:
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.
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Of course I want results. Yes I wanted to rant. I was treated poorly by a well thought of knife maker. I dont think anything I said here was unfair.

I did ask Jack about going threw a dealer. His response was that I shouldnt waste my time, the knife was not legal for me to own, o should return it to them. I dont think anyone would be happy with customer service.
 
bitehandler said:
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.
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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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Several people have explained it clearly yet you persist. What part of "Interstate" do you not get? You live in a state other than CO. Mailing it causes transport to someone who is not listed in #1-4. Thus mailing it to you breaks the law.

As for #4, either you really don't get it, or you are deliberately ignoring the context of #4 regarding sub-3" balisongs because it doesn't fit what you want it to mean: by any individual who has only one arm. If you are not an amputee, then #4 offers no exemption for you. Are you missing an arm? If so, provide documentation to Spyderco regarding that, and the exemption would apply. Their lawyers might give them the green light to return it to you, or they still might not in order to cover their backsides.
 
sideways said:
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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I know it sounds like I lost my cool. Actually I stayed calm, I explained why I wasn't happy with them. The last thing I said was please give me a solution, all you have done is tell me what you can't do. Jack then said he wouldn't argue with me and hung up.
 
I would still love a straight answer, not that it's any of my business, but do you qualify for the amputee exemption? From the outside looking in, it appears to me that Spyderco is not refusing to honor their warranty, they are refusing to BREAK THE LAW by shipping it to you.

Just my 2 cents worth... Maybe
 
All I want is for spyderco to either fix replace or at least send me parts to fix it myself. For the record spyderco has sent me Balisong parts before. Now that the failure is more major they tell me to shove it.
 
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Unless you bought the knife direct from Spyderco (which I really doubt), then I think the best route would be to return it to whoever sold you the knife in the first place...
 
The more I think about it the mire I think spyderco should only make knives that they can "legally" repair. It's ridiculous that we even have to discuss this. If you make it fix it when it fails. The same law they are hiding behind prevents them from manufactureing these knives if you get picky. They hide behind it when it saves them time and money. Folders thatcan only be opened 2 handed and fixed blades should keep them safe.
 
The fourth exemption is for people with one arm who have the described knife in their person when moving in interstate commerce - transporting it on their person. That does not describe Spyderco -- or any of its dealers.

It would not be commercially reasonable to expect Spyderco or a dealer to solve this problem by having a one-armed person take the knife to and from Golden.

Nor is Spyderco or any of its dealers a "common carrier." That would be an entity like UPS. That exemption is to relieve common carriers of responsibility if someone places the proscribed product in carriage with them. They are merely a conduit. It's the sender, like the OP, who have the criminal exposure.

None of the stature's provisions apply to possession while not in interstate commerce. So suggestions that the OP is in unlawful possession are without foundation.

You bought a knife that, as a practical matter, cannot be moved in interstate commerce.
 
Not yet. I want to talk to BM first. I am curious how they deal with interstate transportation with Balisongs.
 
Thomas, you sound like a lawyer. Why is it so easy to get dealers to ship balisongs across state lines? Does the fact that this a warranty repair not a sale make any difference? What about shipping the handles only? It seems like spyderco could have helped me find a solution but they chose to hangup on me.
 
Bite...


You seem to want to have an attorney conduct a seminar on interstate commerce rather than answer simple questions..... You originally came here to try to get this fixed.. You have been asked multiple times if you spoke to the dealer and if you qualify for an amputee exemption and you simply ignore them. You mentioned that they hung up on you

I hope I am wrong but you appear somewhat unreasonable...... Just sayin


Best
PAW
 
Pwerfel, I was more than reasnable. They offered no help. I didn't raise my voice. I simply wanted some help. After their lack of service I thought others should hear this Story. Spyderco has a good rep in the forums. It was shocking how poor their service was. I knew that spyderco fanboys would blame me. All I did was try to get a broken knife fixed. All spyderco did was blow me off.
 
Just to clarify spyderco cited federal commerce law as one reason, they also said it was unlawful for me to own a smallfly making it impossible for them to help me.

I was aware before I started this thread that there are ways around this. My point is they won't take care of customers. We are all knife people here when a company acts like this the community should hear about it. If love spyderco fine, that doesn't make them right. Wrong is wrong.
 
Bite,


I am a relative newbie here but it seems that this occurs frequently.. Folks want help and when they are asked questions and people either dissagree with them or don't tell them what they want to hear, they wind up looking worse than who they are complaining about.


Sir, respectfully, you are missing the point..... you seem unreasonable HERE....One can only imagine what may have happened on the phone with Spyderco... (If someone doe not agree with you they are a fanboy?) You have had multiple explanations from several well meaning and knowledgeable folks, You have been resistant and talked over them. You have been asked questions and you have been evasive or not answered them at all.

Seriously .. when you are in a hole, you should stop digging..


Good luck in your quest

PAW
 
Paul, isnt strange that I should have to defend myself for asking a company to stand behind their product. Pointing out poor customer service makes me unreasonable. Not talking about my medical history makes me the bad guy. I get that a dealer can probably get it fixed.
 
bitehandler said:
Paul, isnt strange that I should have to defend myself for asking a company to stand behind their product. Pointing out poor customer service makes me unreasonable. Not talking about my medical history makes me the bad guy. I get that a dealer can probably get it fixed.
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You are, as you put it, having to defend yourself because.. again, as others have stated, you have refused to answer some questions that would better help establish your situation. Contacting BM regarding their policy will have no bearing to your situation with Spyderco. It makes perfect sense, to me anyhow, on why Spyderco is apparently refusing to mail the Smallfly back to you should you send it in. The decision handed down by the courts spells out what they cannot mail out of state (interstate). While it is not a switchblade, the US Code has defined it as one due to features it has. You may not agree with it, as I do not (the definition, or even the legalities of owning one for that matter) but until the law is changed what is defined is in place. Send Sal a PM or contact the dealer you purchased from and await their response.
 
It is unreasonable to expect Spyderco to skirt the law for you simply because you have no qualms skirting the law yourself. Then you attempt to punish and force Spyderco to see things your way by making a public claim that their warranty is worthless. Finally you play the fanboy card (never saw that coming) all while ignoring suggestions and questions from people that are trying to help you. Sadly, I don't see your situation improving the way you are approaching this.
 
bitehandler said:
Thomas, you sound like a lawyer. Why is it so easy to get dealers to ship balisongs across state lines? Does the fact that this a warranty repair not a sale make any difference? What about shipping the handles only? It seems like spyderco could have helped me find a solution but they chose to hangup on me.
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You want to know why people commit a federal felony that could get them five years in a very unpleasant place? Ignorance (of a law over fifty years old). Greed. Optimism. Take your pick

ED: I see any number of dealers are willing to unlawfully ship me Spyderco balisongs, including some major players in the retail knife business.

Unless one of the four exceptions apply, it's a felony for anyone to send a "switchblade" across state lines. So a felony for you to send to Spyderco and a felony for them to send it back.

Handles are not a "switchblade" as defined. Did you ask them for parts?

It is my understanding that Spyderco may be selling across state lines to dealers, relying on an agreement in writing that switchblades the dealers buy from Spyderco will only be sold under one of the four exceptions. That is not enough to protect Spyderco, None of the four exceptions apply to shipment to a dealer. Spyderco is not a person described in exceptions 1, 3 or 4, and a dealer is not "Armed Forces or any member or employee thereof acting in the performance of his duty." So, hopefully, Spyderco only sells directly to "Armed Forces or any member or employee thereof acting in the performance of his duty."

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.
Click to expand...
 
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