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Dealing with vendors/warranty issues

blue dot sign

New Member
Hello. Just a quick post to say Hi and introduce myself. My name is Tony Comella, and I am the owner of Blue Dot Sign Company. We have been in business over 30 years now, also known as Budget Sign Company of Arlington Heights, IL and Acorn Sign Company of Elk Grove Village, IL. We are a full service sign company; electrical too. For equipment, we have 2 Bucket Trucks with on-board welder, a Multicam CNC, a Mimaki JV3, a Gerber Edge, an assortment of plotters and a ColorSpan 5465 :frustrated:.

That's how I found Signs 101. While looking for posts that were related to my issues with my printer (and I found many), I noted how eager folks were to share their knowledge. My modest vault of knowledge is always open, but have not been so lucky as to find others who shared my philosophy... steel sharpens steel. So to that end, I am happy to have come across this community.

And yes, I am having problems with my ColorSpan. In fact, remarkably similar problems to what others have posted. Sadly, I was forced to file suit against both HP and Grimco for resolution. I am in the midst of the case at present, and am holding my breath for a favorable outcome.

Regarding my issues with the ColorSpan, I came to the conclusion that while my problems are big for me, others with similar problems may be in a significantly more dire situation. If you will allow me the indulgence, this is a problem of some magnitude in our industry. Yet aside from a few posts by those frustrated enough to cry out, the problem has gone un-addressed.

Please let me explain further. Sharing of knowledge between us is crucial. Contributing your knowledge and integrity to others ensures an industry and community with a strong backbone. I am not saying that we need to form a lynch mob, but simply that education is the only way to solve the problems we experience when dealing with large organizations. I learned much of what I know the hard way: by living it.

I think my story is typical: I had the funds appropriated, I had my plane ticket and hotel reservation set, and I had the excitement of a 3 year old on Christmas Day. I was ready to BUY! I had done my homework and was convinced I knew what I was doing. WRONG!. The dazzling prints and colors and people and brochures and shinny machines put me in a further euphoric place.

Amidst all the glitz and glamour, I lost my businessman's insight. Kind of like going to Las Vegas: I lost perspective. Apparently I had left my brain back in Chicago. These people were here to SELL. They had numbers and quotas and incentives to meet. Me... I was on holiday.

While it may sound rudimentary to anyone with an 8th grade education, I would like to nonetheless share a few things I learned:

The prints that are displayed at the show may not be printed on the machine you are interested in. The prints coming out of the printer while you speak to a sales rep are all profiled and fine tuned prior to the show. Naturally, who would put out a bad product at a trade show. Statements, any statements, whether written or oral, are not worth a wooden nickel. I think it is important to repeat: Print speeds, lists of printable materials, adhesion, or any other feature or benefit presented to you DO NOT NECESSARILY NEED TO BE TRUTHFUL. Yes, that is correct. THEY CAN LIE TO YOU AND THERE IS NOTHING YOU CAN DO ABOUT IT.


Here's the kicker, the IT SAYS SO IN YOUR WARRANTY, plain as day.
Most warranties are referred to as an EXPRESS WARRANTY. GET A COPY OF THE WARRANTY BEFORE YOU PURCHASE THE EQUIPMENT. READ IT, UNDERSTAND IT, ask for assistance from a legal advisor. As an example, take a look at the following warranty conditions. This is just an excerpt...

DISCLAIMER OF WARRANTY: THIS EXTENDED WARRANTY OF abc SHALL BE THE SOLE AND EXCLUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, AND abc NEITHER ASSUMES NOR AUTHORIZES DEALER TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY OR MAKE ANY OTHER WARRANTY OR MAKE ANY OTHER WARRANTY IN CONNECTION WITH ANY PRODUCT WITHOUT abc'S PRIOR WRITTEN CONSENT. IN NO EVENT SHALL abc BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS OF DEALER OR CUSTOMERS OF ANY PRODUCT.

Quoted from above 'SOLE AND EXCLUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS'.

What is said here is that even thought you purchase, let's say a printer for making signs, if the printer does not make signs, let's say it makes pancakes instead, you now own an $80k pancake maker. Exaggerated, but I hope you see the point. This company is telling you that even though you purchased a printer for making signs, they are not guaranteeing that it will be "FIT FOR A PARTICULAR PURPOSE". Further, they are telling you that they can not guarantee "MERCHANTABILITY". So they are not responsible for the quality of the print, or any other claims made to you during the sales process.

Further quoted from above, "IN NO EVENT SHALL MIMAKI BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS OF DEALER OR CUSTOMERS OF ANY PRODUCT".

For the exception of some states that allow for it, what they are saying here is that they are not responsible for any consequential lose due to the problems you may experience with your printer. Other warranties state that the company's exposure is limited to replacement of the printer. Which is fine, unless you have been down for a year, and your business is on the verge of collapse.

Anyway, enough said for now. I sincerely hope that my post will help at least one person avoid the issues I have experienced. A big thank you to Fred Weiss, who sent me instructions on how to post. I bet your sorry you did now!
P.S. Sorry... no spell check\

Respectfully,

Tony Comella
Blue Dot Sign Company
Gilberts, IL
 
Last edited by a moderator:

Gino

Premium Subscriber
Welcome from PA..................


...... and I too, had trouble following your story.​


Sounds to me you got bamboozled and didn't do your homework properly and want to blame them for something that really is/was your responsibility.


Good luck with your lawsuit :thumb:




.
 

MachServTech

New Member
I can understand if the HP/Colorspan unit didn't work, but it seems like a bit of a cross you are dragging around. Put down the heavy weight on your shoulders, realize that the experience has educated you, and move on.
I have been in that place years ago with an Arizona, with a L&P Digital, with a Colorspan, with a Seiko....and the list goes on, so don't feel like I am judging you, but your situation is not unique in this industry....you just cant let it eat you up.
 

Beavis

New Member
Just like what people always say about army recruiters Get it in writing. My boss bought our mimaki before i started working here and i had no idea what i was doing harrased the hell out of tech to get this thing to do what was shown. i have finally started to see some colors. But my biggest issue was how the hell can mamaki make black ink thats not black. Its all in the profiles my friend try none and change your ink levels.

Its a new machine you need to learn how to use it just like a car. You get in it you know how to drive it but do you know how to make it do everything you were shown?
 

iSign

New Member
no offense, but I would think most people would know that any warranty would make those same exclusions, and few would imagine they would ever be protected by a warranty that covers merchantability, suitability for a given purpose, or incidental and consequential damages or loss of profit.

I think the more appropriate hint of advice that you almost shared, is to say that it might benefit one to create their own files for a salesman to print from a printer you are interested in, rather than to simply suggest that the prints shown with a printer didn't really come from that machine. Sure they may not have, but I would guess the majority of dealers at trade shows with thousands of professionals familiar with such equipment, would not gamble with outright impossible misrepresentations... but I agree that they will use the best possible examples.

I also suppose that if you did your own homework, felt like you did enough, & showed up telling the wrong salesman, on the wrong day, that you mortgaged the kids to fund your pancake business & would his Mimaki make enough pancakes in the first week to prevent you from losing the farm... and the kids... yeah, there are salesmen who know the warranty will not save you from yourself, at their expense... so yeah, I guess some salesmen might sell you a Mimaki for your pancake business...

Sorry about the kids, and the farm.
 

Billct2

Active Member
Welcome to the brave new world of sign making...
I hear ya, in the past when you bought some quills, a projector or a $50K crane it did what you expected it to. Even the early days of computer sign making were fairly honest, a plotter cut vinyl, the vinyl stuck to a panel.
The Digital imaging age has brought out a whole new level of snake oil selling from the manufactureres and the dealers...the first machine I got, the Gereber Edge was still pretty straight forward, though it took a fair amount of learning to get used to it's idiosyncanicities...
my next purchase though was an eye opener..I wanted to get a large format printer, this was in the mid 90s when they began to get reasonably priced...the machine I settled on was out of California, I was supposed to see a demo at the Newark Airport Holiday Inn, they were going to set it up for a week or so to show it...that kept getting postponed till finally they just folded...yikes, I was ready to give them a check.
It was a few more years till I got my first HP5000, which is a good machine but the salesman misled me on many aspects of it, especially the fact that it wouldn't print from my software, which they said it would.
One thing I have learned is when demoing a machine bring your own files and see how
it does, instead of watching it print one of those pretty demo prints.
 
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