Have any Husky dealers got a 576 XP in yet?

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THALL10326

THALL10326

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Hmmmm interesting stuff in this thread concerning sales policies. Some say it doesn't matter, some say it does. I know with Stihl it matters quite alot. We had a online seller over in Maryland, neighbor state to Va, and they were selling new Stihl units on e-bay. Stihl itself bought some of those e-bay Stihl units. The serial numbers were runned and they knew exactly what dealer got these units from the distributor. Stihl paid a visit, dealer no more.

There was a story a while back of a dealer supplying Stihl units to his brother in law to sell on e-bay. Once again Sthil bought some of those units, ran the serial numbers and knew exactly what dealer bought those units from Stihl. A visit was made, no more units for the brother in law and dealer no more.

Stihl doesn't even allow demo units to be sold online or mail. Thats a niffty little way or getting around a no online or mail policy but don't try it with the big dog, you will get bit.

Woodie for once in you life your 100% right, dayumm I thought I'd never live to see the day,LOLOL
 
BuddhaKat

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Well, once more I want to emphasize, I'm not an attorney so I certainly can be wrong on this, but like I said, I went through this personally and I got this law thrown right in my face. I was trying to enforce my territorial rights and found out we didn't have a legal leg to stand on. If I get some time tonight I'll look up the court case.
 
THALL10326

THALL10326

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Well, once more I want to emphasize, I'm not an attorney so I certainly can be wrong on this, but like I said, I went through this personally and I got this law thrown right in my face. I was trying to enforce my territorial rights and found out we didn't have a legal leg to stand on. If I get some time tonight I'll look up the court case.


Well there's more to it than just business as usual concerning chainsaws and policies. A chainsaw is and can be a very deadly tool in the wrong hands. Now lets take a Stihl. They say no online sales, no mail order sales. All dealers have to sign a contract that states that policy very clear. Me the dealer has signed it but later on says to hell with that, I got a guy on the phone with a credit card that wants a saw shipped to him. I take his money and send the saw knowing full well I'm breaking policy. Three weeks later a lawyer walks in my shop with the credit card reciept. He informs me that guy on the phone was a 16 year old kid who bought that saw without his parents knowledge. He took it out and dropped a tree on himself and is now dead.

I'm asked isn't it against Stihl policy to sell online or by mail as he shows me my dealer contract I signed with Stihl. He's already been to Stihl and got a copy. I'm then being informed I'm being sued for 1 million for that kids death. Why, had I followed the sales policy he would be alive. I'm cooked, no way out, I'm done.

Those contracts protect the interest of the companies, the dealer and the buyers. Thats why they are written up in the first place. Sure they can be broken but that same contract can come back to haunt you later on, its best to merely follow it and not worry about it. The buck sometimes isn't worth the risk of losing everything you got...
 
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THALL10326

THALL10326

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Here's a story going around nowdays thats true. Rental center business. Man walked in and wanted a Stihl pole prunner to rent. The rental man is busy with other customers so he gets it for the guy, makes him sign the rental agreement and asks him if he knows how to use the machine. The renter says yes, no problem. The guy working the counter gives it to him and goes and waits on other people.

Later that day the guy that was using that prunner hit an electric wire and is dead. The family of the deceased now want action. They get a lawyer to sue Stihl. Stihl is not at fault so they go after the rental center. They're issue is the rental man did not show the guy how to correctly use the tool and did not give him a manual with any instructions.

Conclusion of this story, the rental center man wound up blowing his brains out because he could not afford to fight the family in court. True story. Policies matter and its best to follow them to cover your hide....
 
THALL10326

THALL10326

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OK I'll let those AS lawyers sort this document out, this is what we agree to, to become authorized Husqvarna Dealers.

It is my understanding that if we follow these rules, the corporate attorneys will stand up with us against product liability lawsuits.


Seems they have certain units you can sell online and some you can't. Got a list of the units that are ok to sell online???
 
BuddhaKat

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Well there's more to it than just business as usual concerning chainsaws and policies. A chainsaw is and can be a very deadly tool in the wrong hands. Now lets take a Stihl. They say no online sales, no mail order sales. All dealers have to sign a contract that states that policy very clear. Me the dealer has signed it but later on says to hell with that, I got a guy on the phone with a credit card that wants a saw shipped to him. I take his money and send the saw knowing full well I'm breaking policy. Three weeks later a lawyer walks in my shop with the credit card reciept. He informs me that guy on the phone was a 16 year old kid who bought that saw without his parents knowledge. He took it out and dropped a tree on himself and is now dead.

I'm asked isn't it against Stihl policy to sell online or by mail as he shows me my dealer contract I signed with Stihl. He's already been to Stihl and got a copy. I'm then being informed I'm being sued for 1 million for that kids death. Why, had I followed the sales policy he would be alive. I'm cooked, no way out, I'm done.

Those contracts protect the interest of the companies, the dealer and the buyers. That's why they are written up in the first place. Sure they can be broken but that same contract can come back to haunt you later on, its best to merely follow it and not worry about it. The buck sometimes isn't worth the risk of losing everything you got...
The reason for the no ship policies don't have anything to do with liability in a circumstance such as you've given. It's all about protectionism and it's not legal. Don't get me wrong, I think it should be. I support the concept, hell, we paid big bucks for our exclusivity, but it was all for naught. The courts have ruled that you own it, you can sell it wherever you want.

Either way, I think this is off topic, or at least something that I don't want to get into a contentious debate about. So please, can't we all just get along.
attachment.php
 
THALL10326

THALL10326

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The reason for the no ship policies don't have anything to do with liability in a circumstance such as you've given. It's all about protectionism and it's not legal. Don't get me wrong, I think it should be. I support the concept, hell, we paid big bucks for our exclusivity, but it was all for naught. The courts have ruled that you own it, you can sell it wherever you want.

Either way, I think this is off topic, or at least something that I don't want to get into a contentious debate about. So please, can't we all just get along.
attachment.php

I'm not fussing with ya, just pointing out a few things, nothing more. I can only tell you what I know concerning Stihl. I don't know about Husky or the other guys. Stihl is very touchy about their products.

There was a Stihl dealership within a farm store in Ranson, West Virginia that burn down back in the summer. The whole showroom burnt up including alot of the Stihl units. The place was insured but the insurance company wanted all the Stihl products slightly burned. They were going to salvage what they could. Stihl stepped in and said no way, those units may not be safe. They(Stihl) bought it all back so the insurance company couldn't touch those units. The stuff was canned by Stihl to make sure no unsafe unit was put back in the hands of a end user. When Stihl will buck a big insurance company I can assure you they have no problem bucking or canning dealer that refuses to follow policy.

Hell yes lets all get along, not like were gonna change anyones mind anyway,:cheers: :cheers: :cheers: :cheers:
 

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