[comp.sys.ibm.pc] Pecan Software "steals" $100 from m

jvc@prism.TMC.COM (03/08/88)

Brad Banko writes:
>In article <3506@cup.portal.com> chrisj@cup.portal.com writes:
>>Date:  25-Feb-88 15:53 PST
>>From:  Eli Willner [76703,500]
>>Subj:  Response to Banko
...
>>Associates. The one item on the PO was described as '"DOS" for "Power 
>>System"'. This product description was ambiguous since the choice of
>>compiler was not specified. Our order form, which has a blank for
>>compiler choice, was not enclosed. Unsuccesful attempts were made to
>>clarify the order by calling the only name listed on the PO, that of
>>Sue Burkett, buyer. Since an arrival  
>>date of 2 Feb was specified on the PO, shipping decided to send product 
>					^^^^^^^^^^^^^^^^^^
>rather than clarify the matter by talking directly to me (Brad Banko).

Umm, Brad, you don't dispute the info supplied on the PO.  Does that mean
that you did supply an ambiguous product description and the ONLY name
on the PO was Sue Burkett?  If so, how could Pecan "clarify the
matter by talking directly" to you????

...
>>The appropriate thing for Mr. Banko to have done upon receipt of UCSD Pascal
>>would have been to call us to explain that he received the wrong compiler.

>as a matter of FACT, I mentioned several times when talking to Pecan over the
>course of at least three phone calls that I had not receive the proper 
>language system.

You're a bit unclear here.  Were you talking to someone in the sales
department when you "mentioned" that you received the wrong product or
were you talking to tech support and asking them questions about the
pascal product of theirs that you were using.  Tech support is NOT who
you talk to about receiving the wrong product.

...
>the idea, eli, was to see if i liked pecan's product to save ME the wasted
>time waiting for a new language package, if i didn't like the product to
>begin with.

If you received the wrong package you should have returned it, unopened,
imediately.  You made the mistake of opening the package when
it didn't belong to you.  By doing so, you accepted the product as an
adequate substitute for what you intended to purchase.

It seems like your lack of common sense is what got you into this 
situation and I don't see how Pecan is obligated (in any way) to
do anything more for you than they have offered.


jvc@mirror.tmc.com
All usual disclaimers apply.