This is all about the lessons learned in defending an unsuccessful law suit brought against Screenflex by an equipment manufacturer.
It involved a new but faulty conveyor dryer returned by the printer to Screenflex. Screenflex refunded the printer in full but the manufacturer refused to take the dryer back and instead filed an $11,000.00 law suit for full payment.
By the time that the printer returned the dryer to Screenflex’s Calgary warehouse, two weeks of production time had been lost. To make a long story short, the dryer malfunctioned from the moment that it was powered up. Over the next two weeks it had numerous part replacements. There were even a few scary moments when a t-shirt burst into flames.
Yesterday at the pre-trial settlement conference, good sense prevailed and the suit was withdrawn.
The judge advised the manufacturer that they had no chance at all of succeeding in their suit. She said that because the dryer did not fulfill its intended purpose, the manufacturer was in breach of contract. She added that the manufacturer’s argument that they had fulfilled their parts warranty was irrelevent because the dryer had not worked properly from the time that it was received by the printer.
She said that on the basis of the evidence provided, the manufacturer faced “insurmountable odds” with the added possibility of having all costs (including the defendant’s) assessed against them.
So what can we all learn from this? Well, the circumstances of this case, observations made by the judge and experience with equipment deals in the past, enable us to pass on some important tips to screen printers. If you are considering buying a significant item of equipment such as a press or a dryer, you should take note of the following:
- Before choosing a brand or a manufacturer, do your homework. Try to find out how the manufacturer reacts when things go wrong. Most manufacturers and distributors are cooperative when things are going right. You want to know how supportive and responsive they are when things are not going right. Talk to people upon whose opinion you can rely. Talk to printers and distributors. Give Screenflex a call; we no longer deal in equipment and can therefore give you a more objective opinion than someone with a vested interest.
- Check the manufacturer’s web site but don’t necessarily believe everything that you read. Small, local manufacturers of manual presses have been known to claim to be “world renowned” equipment manufacturers. Check out their claims to fame. Search the internet. Ask for feedback on online forums. Dig deep.
- Just because a manufacturer has been around a long time and once had a great reputation, does not mean that they are still great. Has there been a change of ownership or management? Have key people left? How stable are they today? Even large international manufacturers of automatic equipment have been known to disappear. Do you want to own a new machine that has gone off the market? Remember the Zelko and the Elexon? Both were beautiful automatics, but where are they now?
- Will the manufacturer or distributor install or assemble the equipment? Will they come to your premises? If they won’t come to your premises promptly to install or to repair, will they pay for a qualified third party to do it? If the answer is “no” to any of these questions, you should probably consider another brand.
- Talk to owners of the brand of the equipment that you are considering. Not just the happy ones listed on the web site or given as references, but find the unhappy ones and talk to them too.
- Ask if the manufacturer tests the equipment properly before it leaves their premises. Ask to see a copy of a test record or log sheet. Ask how thoroughly they test it. For instance, a dryer should be thoroughly tested with a precise digital Thermoprobe, not with less reliable methods such as temperature strips or infrared beam guns. Do you really want to buy a $10,000.00 dryer from a manufacturer who will not spend $500.00 on a Thermoprobe?
All seem so obvious to you? That is because it is obvious. The big question is why do so few screen printers bother to do the obvious? If you are not careful, the risk is that you could end up with malfunctioning or under-performing equipment and/or you could end up in court. And even if you are forced into court and win like Screenflex did, it is still an annoying waste of time. In any case, who wants to do business that way?
But if things do go wrong, consult a good legal firm. Even if you appear on your own behalf, get good legal advice, get organized, communicate everything in writing and keep notes of every conversation. If you are reasonable and in the right, you’ll be surprised at how fair the legal process can be. It was for us in Ontario, one would hope that it would be the same in other jurisdictions as well.
Screen printing is tough enough in these times without losing production time to failed equipment. And you certainly don’t want to waste money on less-then-perfect equipment either. We have generally found that screen printers, especially smaller shops, are not assertive enough when dealing with equipment manufacturers and their distributors.
Demand the satisfaction to which you are entitled and you’ll be helping to raise the standards in our industry. Improved standards will benefit all of us, manufacturers, distributors, printers and end users.
Have an equipment horror story? Email me at michael@screenflex.com and share it with us. Just please do not mention names or brands, this is not about nailing anyone, it is about us all learning from bad experiences.