[NTLK] More from Product Resales on Credit Card disclaimer

From: rminton_at_commscope.com
Date: Tue Jan 08 2002 - 10:33:15 EST


I took it upon myself to forward some of the comments related to Product
Resale's credit card policy to them. This is a copy of the comments I sent (no
individual lister's name was included) and Product Resale's reply. I think one
important point here is they do make the statement that this clause helps steer
buyers away that intend to use a credit card in a fraudulent manner.

Randy
---------------------- Forwarded by Randy Minton/CommScope on 01/08/2002 10:26
AM ---------------------------

"Product Resale Company" <productresale_at_yahoo.com> on 01/08/2002 10:06:00 AM

Please respond to productresale_at_yahoo.com

To: Randy Minton/CommScope_at_CommScope
cc:
Subject: RE: Newton 2100's, Long live the New't, Attn: Jerry Brown

Thanks for getting back to me with your concerns!

We have done hundreds of Credit Card Transactions without incident - keeping
in mind that we protect the company from those who want to defraud and
cheat.

Believe it or not - we have found a lot of people and companies that accept
inventory or merchandise with no intention of paying or covering the terms
of the agreement. By having a clause on the Form it puts caution to those
who try to defraud. Being a company that wants to provide the "Best" Product
available for its customers we also want our customer to understand that we
provide a tested product and would like to receive proper and timely
payment.

Remember, Credit Card Fraud is quickly becoming one of the most common means
of Default in payments by way of the Internet, Retail, Etc.

It your companies that you represent are not comfortable with this clause -
we understand and wish you well!

Thanks,
Jerry Brown - Sales

 -----Original Message-----
From: rminton_at_commscope.com [mailto:rminton_at_commscope.com]
Sent: Tuesday, January 08, 2002 9:01 AM
To: productresale_at_yahoo.com
Subject: RE: Newton 2100's, Long live the New't, Attn: Jerry Brown

Jerry,

I mentioned to you yesterday that the disclaimer clause in your purchse
document
would make a lot of people uneasy and may greatly hinder your sales of these
Newtons. I want to forward to you some of the comments on the disclaimer.
I
know that you wish to protect yourselves against buyers that unfairly
challenge
purchases but you should be aware of the negative connotations that such a
policy delivers to potential customers.

"I found this statement to be somewhat incredulous so I
contacted my credit card company and asked them.
I also indicated that the Fair Credit Act allows the
consumer the right to dispute a charge.
It was explained to me that if this is the policy of
this particular customer, then I cannot open a dispute
with the customer, but I can open a dispute with the
credit card company.
What I found astonishing is that while a state law on
this subject conflicts with the federal statute, the
federal statute will prevail. But, this single
individual can make a policy that will completly
negate a federal statute!
My credit card company then said that I should not do
business with a company that feels it necessary to
place this on their charge.
I explained to them that the vendor has made the terms
of the purchase clear, they said that I should
exercise caution anyway."

"> The last line on the credit card form:
>
>
> DISCLOSURE STATEMENT: (PLEASE READ)
>
> THE AFOREMENTIONED CUSTOMER AUTHORIZES PRODUCT
> RESALE COMPANY TO USE THE
> ABOVE LISTED CREDIT CARD FOR PAYMENT OF THE ATTACHED
> PURCHASE ORDER. THE
> CUSTOMER ALSO AGREES NOT TO DISPUTE OR CHALLENGE THE
> PAYMENT FOR PRODUCT OR
> SERVICES RENDERED ONCE SAID PRODUCT HAS BEEN
> RECEIVED.
>
> ORDERS PLACED BY NON-AUTHORIZED USERS WILL NOT BE
> HONORED.
>
> UPON COMPLETION OF THIS FORM ? PLEASE FAX TO PRC
> PAYMENTS DEPT. @
> 1-732-287-9370
> ALL INFORMATION ON THIS FORM IS KEPT CONFIDENTIAL
>
>
> My card company says if I sign this then I'm on my
> own...italics mine."

">>> My card company says if I sign this then I'm on my own...italics mine.
>> Just pay in another fashion ?
>
> Like what? Cash? Money order? I would have thought that the best way to
pay
> for something would be with a credit card so you can always dispute the
> charges, something you can't do with cash, a cashier check or a money
> order...

"Sorry, should have been clearer, I meant that if your credit card company
doesn't give you the security than the means of payment doesn't matter
anymore, but US law will still protect you won't it, or is one allowed to
sell you a total lemon ?"

  Credit card is the best way to pay and the safest, I think that is the
whole point with that line in the order. They want you to give up your
right to dispute/complain, etc.

This whole deal is beginning to sound a little to hinky for my taste.

I would advise caution. Also, I would still pay with a credit card but
only if that line is removed from the form. If you pay in any other
fashion you have virtually no recourse."

Randy Minton

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