305 replies to this topic

[rjbpromo]

WARNING!!! BE VERY CAREFUL OF WHAT YOU SAY ON THIS SITE. There is at least one very large supplier that is monitoring the comments made by distributors on this site----If you have complaints about any suppliers, call your fellow distributors and talk on on the phone. Even though you may not be incorrect, it seems to be the practice of certain suppliers to file frivolous lawsuits to try to proove that you said something you didn't say. Unfortunately, you then have to pay to defend yourself in court at $200 to $400 an hour, which very quickly reaches more than $10,000. I speak from experience.
Its a pretty sad state of affairs when you have to measure your comments in fear of being made the victim of a frivolous lawsuit by a supplier that is sensitive about people discussing any of their faults.
By the way, we have a Distributor Defense Fund set up to assist distributors that are victims of this type of lawsuit. Contact me for details (only if you're a distributor).

[Chris Miller]

Agreed - All the posts in this thread were removed because of legal issues and to protect the members who post here. Just don't badmouth companies on the site, they may very well come after you.

[jmlader]

What legal grounds are those law suites based on? JML

[Chris Miller]

It was brought to my attention that a large supplier sent out notices to certain members reminding them not to badmouth suppliers on this site. I don't think we need to discuss all the details, because that is why this happened in the first place.

Lets just keep the negative comments about suppliers off the site. I think its the safest bet for all of us.

[tedp]

I'll have to rethink/restate my position on allowing suppliers access to the site. This sure got ugly fast.

[Chris Miller]

What got ugly was some of the Distributors comments. When you are sued by a supplier, you don't turn around and post negative comments about them in a public forum.

Whether suppliers are allowed or not, they could always hire someone to check up on things for them. Its best to just not say things unless you're ready to face the consequences. This place is no different than a tradeshow. I don't know how many times I have to say this.

[stokguy]

maybe no one thinks its that big a deal about suppliers selling direct,wait til your sitting across from one at your local chamber of commerce meeting,I know I'm going through that now.

[rjbpromo]

Chris Miller said:

What got ugly was some of the Distributors comments. When you are sued by a supplier, you don't turn around and post negative comments about them in a public forum.

Whether suppliers are allowed or not, they could always hire someone to check up on things for them. Its best to just not say things unless you're ready to face the consequences. This place is no different than a tradeshow. I don't know how many times I have to say this.

That's the problem, Chris. A large company that wants to obstruct a distributor's constitutional right to free speech only has to file a few frivolous and fabricated lawsuits to make everyone afraid to say ANYTHING about them--even if its truthful. And that's what's happening here. Now that a few people have been sued, distributors are afraid to share comments, opinions or even facts with each other for fear of having an 800 pound gorilla file a fabricated lawsuit, outspend them in court, and drive them into bankruptcy.

God Bless America, but the laws help the big companies kill the little companies.

[Chris Miller]

That's life unfortunately. You always have the right to countersue a company for filing a frivilous lawsuit. I am no lawyer, but you pretty much have to have one to protect your rights.

[LindaA]

I would want to know if a supplier has a reputation for selling direct. And then, if I needed to purchase product from them anyway, I would find a way to keep the end user name and address hidden on the order (use the freight forwarders contact information, or my own address, or the embroiderer, etc.)

[Mike Searcy]

Man o man this gets ugly early. You know most of us will not unjustly criticize a supplier, we really have to be angry to even waste the time venting. You are right though, big brother is watching, and be real careful what you say in these forums that can come back to haunt you and cost you mucho $$$$.

[rjbpromo]

Mike Searcy said:

Man o man this gets ugly early. You know most of us will not unjustly criticize a supplier, we really have to be angry to even waste the time venting. You are right though, big brother is watching, and be real careful what you say in these forums that can come back to haunt you and cost you mucho $$$$.

My understanding is that a lawsuit has already been threatened/implied by a supplier.

[bdadco]

Split Personality : Definition: [n] a relatively rare dissociative disorder in which the usual integrity of the personality breaks down and two or more independent personalities emerge.

Lets see now does that mean if I try to sell to both suppliers and end users that I have a mental disorder?? :biggrinpa

[Tom Aufman]

LindaA said:

I would want to know if a supplier has a reputation for selling direct. And then, if I needed to purchase product from them anyway, I would find a way to keep the end user name and address hidden on the order (use the freight forwarders contact information, or my own address, or the embroiderer, etc.)

Linda,
If a Supplier has completed a project for you, They know who your client is. They imprinted their name on the product.

There are many suppliers that decorate the same products. Find them. Or Sell them on another idea.
Tom Aufman

[Tom Aufman]

Chris Miller said:

That's life unfortunately. You always have the right to countersue a company for filing a frivilous lawsuit. I am no lawyer, but you pretty much have to have one to protect your rights.

Chris,
It cost a lot of money in legal fees to defend your rights. If you win, Then you get to sue for damages. There is another bunch of legal expense. It is best to keep your Eyes and Ears open and act accordingly.
Tom Aufman

[Tom Aufman]

rjbpromo said:

That's the problem, Chris. A large company that wants to obstruct a distributor's constitutional right to free speech only has to file a few frivolous and fabricated lawsuits to make everyone afraid to say ANYTHING about them--even if its truthful. And that's what's happening here. Now that a few people have been sued, distributors are afraid to share comments, opinions or even facts with each other for fear of having an 800 pound gorilla file a fabricated lawsuit, outspend them in court, and drive them into bankruptcy.

God Bless America, but the laws help the big companies kill the little companies.

This Chit Chat about suppliers and distributors is nothing new to this industry. In the past, Before the internet there was a tool called "The Tele Tree" When a distributor or a Supplier had a beef, They would get on the phone and spread the word. Then those involved would work out the dispute. One way or Another.

To the best of my knowledge, PPAI has an arbitration board set up to settle disputes without Fianacially ruining each other. This makes sense. And is Honorable. In my opinion it is pretty Chicken Chit to just Slap a Law Suit on someone without discusing it first. This has worked in this industry for many years. I have noticed in my lifetime that even Big Dogs Sniff the Fire Plug First...

Tom Aufman

[Promo-Man]

In a prior life my family ran an Insulation Fabrication shop. We produced pipe insulation we had three price sheets one for the general public another one for OEM accounts and the best price for Insulation Contractors.

I donâ??t think the issue of Supplies selling direct is new. It has always happen. I think the real issue comes from a trust that if you bring your clientâ??s order to a supplier that they will not then try to sell your client direct. Now if your client does contact them then they should refer the client back to you. If the client does not want to work with you but does want to work with the supplier then the supplier should quote the client at list prices not our net prices. This makes price not the issue.

I will restate from my prior post to this thread. Take a look at how your search tools list the supplier your thinking of using. In ASIâ??s ESP they list how the supplier sales their products. If you find that they are listed as not selling direct and you find that they are selling direct then report that information to your search tool provider so that they can up date their information.

Some suppliers will place display ads in non trade publications to get the word out on new products. That does not mean that they are going direct. They are just marketing their products to the general public to make them aware of their products

Lastly sometimes a supplier may help out a distributor on a larger order by billing direct on be haft of the distributor and after collecting on the invoice giving the distributor their share of the profits.

[FindingPromo]

Promo Man, (Hi Ron)

Well said, there is definitely a difference between Marketing to end-users and selling.

When someone buys a Ford Explorer or a Hummer, is all of the credit for having that person walk into their local dealership (or buy some cars on line, like you can), supposed be given to the local dealership?

There are many lessons to be learned from the other varied channels of retail wholesale and direct sales of products that are well outside of the "traditional" promotional marketing distribution methods many of us are accustomed to our here in our world.

There simply is no place, in any discussion groups or forums for simply slamming of Suppliers or Distributors or others for that matter, without the due process of both sides coming out. It's simply better to protect the integrity of all, and the embarressment of some, and let the true Press report on the disputes as they are settled.

Wow, I think Judge Judy, could have her own spin-off show out here with how excited some people get . . .

If much of this energy that was spent on venting was directed at the day to day value we can bring to our customers, we all would be better off, and probably have more sales.

Happy Tax Day everyone!

[Promoman51]

I believe that each time we place an order with a supplier that we put our reputation on the line. We trust the supplier to produce a product and deliver that product in the time frame that our customer that we spent the time to either cold call or prospect out and convince them that we are the best company to order their needs from. If by either word of mouth or by information obtained through sites like this I believe that should be classified as being diligent and good business. Maybe I was young and stupid but seems like in the "old" days the suppliers had more integrity and valued the relationship between themselves and their customers(distributors). Perhaps this issue needs to be addressed at the PPAI level and the suppliers need to be educated about what purpose they have entered into this arena of sales. Where else can you have a nationwide sales force and not have to 1. interview 2. train 3. maintain 4. give benefits 5.give vacation time-- and yes we can be demanding, but anymore than an employee?
I believe the burden is on the supplier to maintain the integrity of the relationship between the customer and themselves. We have placed all our trust in that.

Rusty Williamson

[Mike Searcy]

Promoman: That is certainly the way I feel also. I also believe in strong loyalty to suppliers that provide good product, good imprint, and very important can I speak with a customer service person without waiting 10 minutes, or worse yet a voicemail that may get answered within an hour or the same day. Sometimes you need the answer now.
That being said I don't shop around, or have time to research the absolute lowest price to make my margin on every order. Loyalty should be a two way street.
Well said Promoman, I think we are Old School.