Acquisition Agreement

dclee012 · **Posted:** Mon May 17, 2004 8:12 pm

Bill et al, have you guys ever heard of IBM invoking the agreement, with respect to the following lines:

Quote:

If a Product is quoted at an incorrect price due to typographical error or error in pricing information:
1) IBM has the right to refuse or cancel any orders placed for the Product quoted at the incorrect price, even if IBM has confirmed the receipt of your order and charged your credit or debit cardl and,
2) if IBM has charged your credit card or debit card but subsequently canceled your order, IBM will promptly issue a credit to your credit or debit card account for the amount charged."

JHEM · **Posted:** Mon May 17, 2004 8:33 pm

dclee012 wrote:

Bill et al, have you guys ever heard of IBM invoking the agreement, with respect to the following lines:

Many times, especially when new models are announced.

Regards,

James

dclee012 · **Posted:** Tue May 18, 2004 9:40 am

does that mean that when they catch an error (perhaps an audit 3 months from now), they'll make you send it back??

JHEM · **Posted:** Tue May 18, 2004 10:19 am

dclee012 wrote:

does that mean that when they catch an error (perhaps an audit 3 months from now), they'll make you send it back??

It doesn't SAY that, does it? All they're saying is that if there's an error in pricing, they have the right to cancel the order and refund any monies paid before the item is shipped.

Be aware that IBM has on several occasions that I'm absolutely aware of honored a lowball price mistake. They once mistakenly listed Thinkpad 600 batteries at $99 vs. $199 and quite a few of us jumped on the deal. I'm almost positive that we all got them at that price, but for sure I got the three that I ordered! Similar unplanned "sales" have occurred with memory and optical drives.

Regards,

James

hausman · **Posted:** Tue May 18, 2004 10:54 am

This is standard boilerplate. You'll find something similar on most other sites including Dell and Amazon.

It's there because news of pricing errors travels fast on the web and can cost a vendor dearly as floods of users rush to exploit an innocent mistake.

Dell, who changes their prices and configurations more often than my wife changes her mind

has been a victim of this in at least the US, Canada and the UK.

For the curious:
http://www.theregister.co.uk/2003/12/01 ... touts_pcs/
http://www.theregister.co.uk/2003/03/19 ... sub_pound/
http://www.theregister.co.uk/2000/11/15 ... _hdds_not/
http://cnews.canoe.ca/CNEWS/TechNews/20 ... 01-cp.html
http://news.com.com/2100-1017-247071.html

dclee012 · **Posted:** Tue May 18, 2004 11:10 am

JHEM wrote:

It doesn't SAY that, does it? All they're saying is that if there's an error in pricing, they have the right to cancel the order and refund any monies paid before the item is shipped.

i realize that's not what it says.. i wouldn't ask if it was clearly stated. i'm a little unclear b/c it could imply that.. especially since the aquisition agreement papers ship inside the box. ie. why would ibm tell you this once the box is open and in your possession?

hausman · **Posted:** Tue May 18, 2004 12:30 pm

dclee012 wrote:

the aquisition agreement papers ship inside the box. ie. why would ibm tell you this once the box is open and in your possession?

Because it's standard boilerplate so IBM's lawyers make it appear everywhere, including IBM's website, e.g. the first item in this long list of boilerplate.
http://www-132.ibm.com/webapp/wcs/store ... ct=2054937

You did read all of that stuff before you ordered, right?

BillMorrow · **Posted:** Tue May 18, 2004 10:06 pm

read..??

[honk!]

zzyss · **Joined:** Thu May 20, 2004 5:08 am **Posts:** 184

http://www.theage.com.au/articles/2003/05/14/1052591831579.html

A time when IBM made a BIG gaffe on price, and honoured it (But made the problem worse by a very silly mistake)

BillMorrow · **Posted:** Fri May 21, 2004 2:05 am

well, ok..
so ibm made up for the screwup in price..

an $1800 windfall for the buyers, most of whom probably were not in the market for that model, but sensing that ibm had erred in price were taking advantage..

then these buyers wanted ibm to make a special R40 with features it had never had.. then give them to each customer at a giveaway price..

hmmm...

not sure what i would have done, had i been in charge, but if an examination of daily sales figures showed a huge bump in the sales numbers of the R40 for the period it was for sale at $201, i would have smelled a rat..

when i make a deal i try to end some communications with the comment: "fair..?"
what that means is that each party to a transaction should feel they had treated the other party with fairness..

fair..??

-30-

katman · **Joined:** Sat May 22, 2004 10:44 pm **Posts:** 21

what if the machine/part ships to you?
can ibm do anything??

JHEM · **Posted:** Sat May 22, 2004 11:14 pm

katman wrote:

what if the machine/part ships to you?
can ibm do anything??

I don't understand what you're asking.

Regards,

James

katman · **Joined:** Sat May 22, 2004 10:44 pm **Posts:** 21

for instance:

1. you order a mispriced item (w/ or w/o knowledge)
2. credit/debit card is charged
3. item is shipped, buyer receives it
4. ibm catches on and cancels order or issues credit to credit/debit card

JHEM · **Posted:** Sun May 23, 2004 12:00 am

No, if you've paid for it and they ship it to you, it's your's.

The IBM police will not show up on your doorstep asking for it back.

Regards,

James

BillMorrow · **Posted:** Sun May 23, 2004 3:17 am

james is correct, no ibm police..
they contract that stuff out.. :twisted:

to the mafia..
ok, just kidding..
what they DO do is send bills and later put it into collection..

though in this sceanario the error is theirs and if you get a new T42p for $46.29 rather than $4629.00 an honorable man might correct the error..
some will argue that it was a windfall..
others might keep it and stop answering the telephone..

i guess it all comes down to what your price is..

for me, right now, my price is VERY VERY high..
if, OTH, i were living under a freeway in miami or LA my price might be a whole lot lower..

so along with price, add circuimstances..

simple answer, there is no honor in cheating anyone..

YMMV..

hausman · **Posted:** Fri May 28, 2004 9:13 am

I wonder how many people last night were quick enough to place their orders for a refurbed R50p from IBM Canada for a mere $149

http://www.bmango.com/images/ibm.jpg
http://www.bmango.com/images/ibm2.jpg

cynic · **Posted:** Fri May 28, 2004 10:34 am

And that's $149 Canadian??!!

My guess is that since availability is listed as "call", IBM can just claim there are none "available" at that price. If they don't, this is just getting ridiculous and IBM should fire their web department for costing them so much money. I mean, honestly, after this many screw ups, how many people would expect that they would still have their jobs in the morning.

Rehan · **Joined:** Fri May 28, 2004 10:39 am **Posts:** 2

Not all of the notebooks were listed as "Call"; I noticed at least one that was "Immediate/Current week". But the Refurbished section of their online store is different from the rest...the exact quantities are shown and they do disappear from the list when someone puts the last one in their cart and then completes the order (as in the case of the R50p

).

Edit: Just received the "Order Receipt Confirmation" e-mail. It includes:

Quote:

This is a confirmation we have received your order. Your Order Receipt Number is 0857xxxxxxxx.

IBM will accept your order contingent on IBM's validation of price and
product availability. It is our goal to get your items to you as quickly
as possible. You will be contacted in the event of any discrepancies.

Think they'll find any discrepancies?

Rehan · **Joined:** Fri May 28, 2004 10:39 am **Posts:** 2

Quote:

Dear IBM Customer,

We'd like to thank you for your interest in our Refurbished Products.
Unfortunately, due to a pricing error on the web site we are unable to
fulfill your order request. Please accept our sincere apologies.

Our refurbished site is continuously updated with new and exciting offers.
Please feel free to visit our site regularly at http://www.ibm.ca/store.
Thank you.

Sincerely,

IBM

But hey, it's fun to dream.

hausman · **Posted:** Fri May 28, 2004 3:29 pm

What, they won't even sell you that R50p for the regular price of $5,879.00?

And not even so much as a small discount or token gift to make up for their e-business® "embarrassment" and your inconvenience/disappointment?

I'd tell Sam that Michael and Carly treat their customers better

Acquisition Agreement

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