more on Purchasing through EBay invalidates warranty, according to PalmOne

[David Farber <dave () farber net>]

Begin forwarded message:

From: Stephanie <sjwinters3 () hotmail com>
Date: September 28, 2004 8:04:25 PM EDT
To: dave () farber net
Subject: Re: [IP] Purchasing through EBay invalidates warranty, 
according to PalmOne

Hi Dave, this may be a little late, but I have some relevant
commentary/advice regarding Dave Crocker's post to IP a few days ago 
about
his Handspring Treo bought on eBay, as I am a Power Seller on eBay. My
comments are below.

----- Original Message -----
From: "David Farber" <dave () farber net>
To: "Ip" <ip () v2 listbox com>
Sent: Friday, September 24, 2004 8:52 PM
Subject: [IP] Purchasing through EBay invalidates warranty, according to
PalmOne


> Many manufacturers restrict their warrantees  -- like many cameras --
> thus "grey" market. But all, I believe, tell you that.
>
> Dave
>
>
> Begin forwarded message:
>
> From: Dave Crocker <dcrocker () brandenburg com>
> Date: September 24, 2004 7:10:58 PM EDT
> To: Dave Farber <dave () farber net>
> Cc: ip () v2 listbox com
> Subject: Purchasing through EBay invalidates warranty, according to
> PalmOne
>
> Dave,
>
> This is remarkable enough to be worth wider consideration.
>
> A little over two years ago, I bought a Handspring Treo 180, with the 
> view
> that
> it embodied a significant chunk of mobile-office heaven.  By an large,
> that
> opinion persists.  I really do love using the thing... When it works.
>
> However shortly after running past the 1 year warranty deadline, I 
> found
> that
> the built-in speaker (in the flip-up cover) stopped working.
>
> Given that replairs are expensive, I wound up buying a new replacement,
> just
> under 1 year ago.  Sure enough, the speaker stopped working this week. 
>  I
> have
> since found documentation of this problem on the web, of course.
>
> I called Handspring Customer Service and they informed me that because 
> I
> bought
> it through EBay, they would not honor the warranty!
>
> I ran up the chain in the front-line support office and they then 
> directed
> me to
> Corporate. Shaun, on the PalmOne corporate escalation team assured me 
> that
> this
> policy was in fact true.  The fact that I went through EBay meant that 
> I
> did not
> purchase the product through an authorized retailer.


Hi David, I am a Power Seller on eBay. I would like to comment on your
experience.

As far as I know, only manufacturer's authorized retailers are 
technically
authorized to offer a manufacturer's warranty for new products. Now, 
such
authorized retailers do sell new merchandise on eBay sometimes. In fact
companies such as Sears, Black and Decker, The Sharper Image, and 
Disney all
sell directly on eBay. These retailers (or e-tailers) may also have a
traditional brick and mortar (B&M) store or a non-eBay online store. So 
just
because you buy something on eBay does not mean the warranty is 
necessarily
invalid. I think PalmOne should check whether any of their authorized
retailers do sell on eBay. They might be surprised.

Now that being said, there are also many sellers on eBay who are not
officially authorized by the manufacturer, but get brand-new, sealed
merchandise through various sources, such as closeout sales, or other
discount stores, or even for full retail at stores like Wal-Mart or Best
Buy. Technically, since they are not the original retail seller, they 
can't
offer a manufacturer's warranty. Nevertheless, may still do advertise a
warranty on their eBay listings (and why shouldn't they?--if the item is
still sealed and not damaged), and for the most part, I assume the
manufacturer would not have a problem honoring the warranty, in the 
interest
of customer service. But they also may be reluctant, especially if they 
do
not know the eBay seller, since they have no way of verifying if the
merchandise was new and undamaged when sold to you.

A related point, is that there are many retail B&M closeout stores who 
buy
closeout, surplus & salvage, overstock, etc. merchandise directly from 
other
retailers who want to move their merchandise for various reasons (like 
going
out of business, or a packaging change where the manufacturer no longer
wants that version being sold in the mainstream retail outlets). 
Examples of
such stores are Big Lots (the nation's largest broadline closeout 
retailer,
and a Fortune 500 company), Tuesday Morning, and regional chains, such 
as
Odd Job, National Wholesale Liquidators, Ollie's Bargain Outlet, 
Marden's,
and Bob's. Such closeout stores still advertise the manufacturer's 
warranty
for their merchandise, or at the very least, don't attempt to hide it 
on the
packaging. I would assume that they too technically cannot offer a
manufacturer's warranty, since they would not be the original retailer, 
in
the same way many eBay sellers would not be an original retailer.
Nevertheless, I assume the manufacturer would not object to accepting a
warranty claim for their product bought from one of these stores; and in
fact, would give any such warranty claim more attention since it was
purchased from a traditional B&M store, as opposed to online.

There seems to be a general distrust by some manufacturers of online 
stores
in general, and particularly eBay. I assume this is because many people
assume people just sell their junk on eBay. This is true, but you would 
be
surprised at the number of full-time sellers who make a living off 
eBay, and
who sell brand-new, top-quality merchandise. As well as well-known 
retailers
like I mentioned above. I am constantly attempting to educate others 
that
eBay is not just the "world's biggest garage sale". It has a mix of
everything, from used products; to new merchandise; to custom-made 
items; to
rare, hard-to-find merchandise. I don't think those who sell new items
should be penalized because they choose to offer it on eBay. 
Unfortunately
though, many manufacturer's insist that their retailers have a 
traditional
B&M store, and not sell online. If they find out, they may revoke your
contract with them. They think selling online devalues their 
merchandise,
and worry eBay sellers may sell for too low of a price.

In regards to your problem with PalmOne, besides trying to verify if the
eBay seller is an authorized reseller, I would suggest you emphasize 
that
the replacement you bought was indeed brand-new, with manufacturer's 
seal in
tact. I would also cite that often manufacturer's new merchandise is 
resold
to other sellers, both B&M and online, for various reasons as cited 
above,
and this should not invalidate a warranty if the product was not used.

Also, did the eBay seller say there was a manufacturer's warranty? If 
so,
you may have a remedy with him, and or your credit card if you paid that
way.

You may still be out of luck, but it's worth a try. I wouldn't be 
hesitant
to try small claims court as well, merely for the principle of the 
matter.
They might rather cave in than pay attorney's fees.

Good luck,

Stephanie

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