It\u2019s been a while since I wrote a post about a personal experience that related to professional procurement.\u00a0 But some recent dealings with Euro-Pro Operating, LLC \u2013 the maker of Shark vacuum cleaners \u2013 have \u201cinspired\u201d me to do a post that intersects work and home life.<\/p>\n
So, anyway\u2026<\/p>\n
In the past year, I had purchased a Shark Navigator vacuum. Two of the factors that compelled me to buy this particular brand and model were the inclusion of a \u201cPet Hair Power Brush\u201d and a five-year warranty.<\/p>\n
The vacuum worked fairly well for the first few months that I had it.\u00a0 But, one day, that Pet Hair Power Brush stopped working.<\/p>\n
Now, I\u2019m a decent handyman.\u00a0 I can fix simple things.\u00a0 I took the Pet Hair Power Brush apart, checked all the relevant moving parts, cleaned it out, etc., and still couldn\u2019t get the thing to work.<\/p>\n
So, being that this was a new vacuum with a five-year warranty, I followed the instructions for contacting Shark for support through their website.\u00a0 I simply wanted to file a claim to have the brush replaced.<\/p>\n
A week went by.\u00a0 No response.<\/p>\n
So, I called their customer support phone number.\u00a0 Not directly reaching a human, I was put in their hold queue.\u00a0 I waited approximately 15 minutes before finally having my call answered by a customer service representative \u2013 let\u2019s call her \u201cJane\u201d for the sake of anonymity.\u00a0 As you may imagine, I\u2019m a busy guy who always has something on his schedule waiting for him so, by the time I reached this representative, I had the need to hurry on to my next scheduled activity.<\/p>\n
After I explained the issue to Jane, she clearly had no idea what a Pet Hair Power Brush was.\u00a0 She started giving me verbal instructions to disconnect the base of the entire vacuum from its hoses and such before I interrupted her and told her that something just doesn\u2019t seem right.\u00a0 She looked in her computer, said that the Pet Hair Power Brush was not covered by the warranty because \u201caccessories\u201d aren\u2019t covered by the warranty and that I could purchase a replacement for like $30.<\/p>\n
I said that not replacing a defective part didn\u2019t seem fair and that I wanted her to consider having a replacement sent to me at no charge.\u00a0 She claimed that she couldn\u2019t because \u201caccessories aren\u2019t covered by the warranty.\u201d<\/p>\n
In the haste to get on to my next scheduled activity, I allowed the call to end without a resolution to my satisfaction.\u00a0 I thought that the $30 I would have to spend wouldn\u2019t be worth the valuable time I would lose by fighting for it.<\/p>\n
But, as a couple of days went by, I began thinking of my role in the procurement community.\u00a0 I teach buyers across the globe to be good stewards of their organization\u2019s finances.\u00a0 I teach them to tenaciously defend their contractual rights.<\/p>\n
So, rolling over to an amateurish customer service rep didn\u2019t feel right to me.\u00a0 What kind of role model would I be if I didn\u2019t eat my own cooking?<\/p>\n
After a few more days passed, I decided to look at the terms and conditions of the warranty which were printed on a sheet that came with the vacuum.\u00a0 While the warranty did specifically exclude \u201cnon-durable parts\u2026which normally require replacement,\u201d I think it is fair to say that the Pet Hair Power Brush with its multiple components like gears and such would never be considered a \u201cnon-durable part\u201d by a reasonable person.<\/p>\n
So, I called the Shark support line again.\u00a0 This time, I reached a gentleman by the name of Kyle.\u00a0 I noted that I had previously spoken to a representative and reached an unsatisfactory result, explained the situation as I had previously explained it to Jane, and requested a free replacement of the Pet Hair Power Brush.<\/p>\n
Like Jane, Kyle said that he could not offer a free replacement because the Pet Hair Power Brush was an \u201caccessory\u201d and that \u201caccessories aren\u2019t covered by the warranty.\u201d<\/p>\n
It was time to bare my teeth.<\/p>\n
I always begin potentially disputed requests calmly.\u00a0 But I can turn on negotiating emotion like a switch.\u00a0 And it was time to flip that flippin\u2019 switch!<\/p>\n
I said something to the effect of this to Kyle (in my agitated voice, of course)\u2026<\/p>\n
\u201cKyle, you\u2019ve said that accessories aren\u2019t covered by the warranty.\u00a0 The terms and conditions of the warranty are printed on a sheet that came with the vacuum.\u00a0 I have them right in front of me.\u00a0 It does not say anything about excluding accessories.\u00a0 The only thing that it excludes is non-durable parts which normally require replacement.\u00a0 No reasonable person would ever describe the Pet Hair Power Brush as a non-durable part that normally requires replacement.\u00a0 The thing is bigger than my hand and is comprised of many components.\u00a0 And you know what?\u00a0 I teach contract law to thousands of people around the world.\u00a0 I know that if this dispute was to go to court, that I would clearly prevail.\u00a0 If you aren\u2019t an expert at interpreting contractual language, then perhaps you could connect me to someone there who is, because I am contractually entitled to a free replacement of the Pet Hair Power Brush.\u201d<\/p>\n
Needless to say, I received my free replacement three days later.<\/p>\n
I\u2019m really not too cheap to buy a new Pet Hair Power Brush, I swear.\u00a0 But it\u2019s a matter of principle.\u00a0 And I wanted to demonstrate how buyers need to be careful when these types of situations arise.<\/p>\n
Kyle was responsible for administering a contract for a supplier, but he had no real knowledge of the contractual terms that actually applied to the transaction.\u00a0 And the documentation that he was relying on to convey how Euro-Pro handles this type of situation was inconsistent with what they \u201cagreed to\u201d in the terms and conditions that applied.\u00a0 These same characteristics could apply to any customer service representative of any supplier out there.<\/p>\n
Too often, buyers responsible for administering contacts don\u2019t know what terms and conditions apply to disputed situations.\u00a0 Or they lack the contractual skills to interpret the terms that apply.\u00a0 So, they treat the supplier\u2019s response as the final word.<\/p>\n
And, if their suppliers behave like Euro-Pro, those buyers are getting ripped off!<\/p>\n
Buyers need sharp contract administration teeth to bite back when their suppliers aren\u2019t honoring what is in writing.<\/p>\n
Become a member<\/a><\/span>\u00a0of one of the world\u2019s largest procurement associations today.<\/span><\/p>\n Recommended Reading<\/b><\/span><\/p>\n NLPA Learning<\/b><\/a><\/span>:<\/b>\u00a0Looking for authoritative procurement templates, tools, webinars, and more? Stop trying to create resources from scratch and start taking advantage of having exactly what you need right at your fingertips in\u00a0NLPA Learning<\/span><\/a>.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" It\u2019s been a while since I wrote a post about […]<\/p>\n","protected":false},"author":12,"featured_media":4102,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[102],"tags":[],"class_list":["post-3414","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-contract-management"],"yoast_head":"\n\n