We received a car air purifier and a touch screen bullet this week from Consolidated Product Holdings on consignment.
The letter from CPH claims they have introduced the products in partnership with magazine distributor IPS.
I didn’t order the products and have not entered into any agreement in relation to these products. Therefore, I don’t consider myself or my business responsible for these items supposedly on consignment as any consignment relationship would need my agreement for there to be an agreement. I have not agreed.
What a waste of time.
I have excellent tech products off of which I make significantly more margin. I do not need this low margin no-name brand product in my newsagency.
It galls be that CPH has sent this to newsagents as, unfortunately, some will do what CPH says and, I suspect, pay a price for it.
While I am no lawyer, I doubt I have an obligation to do anything with the unrequested products they sent.
If IPS is involved with this, why? This does not make sense to me.
I’d love to hear from other newsagents on this.
Recieved some app writers a few years ago from CPH. Certainly didnt pay for them that`s for sure. Never heard from them again.
We received these awhile back, No air purifier though. Same thing,consignment claims but dont recall any affiliation to IPS at the time.
We requested they take them back as we have no desire to have them and they never bothered to respond. Got a bill later for them which we again called and said sorry you didnt collect them when we asked so they went in the bin.
No followup action since from them
Well played Allan.
Thanks Michael. The opening paragraph of their letter claims the association with IPS. Odd.
From my time in credit management more decades ago than I care to remember, there is no obligation to even return let alone pay for unsolicited deliveries. This is the case with readers digest etc that deliver to homes and I don’t see that there would be any difference with items delivered to a business address on the same basis. Bin them, store them maybe even give them away, there is no obligation to pay for or return them to my recollection.
Brendan it would be interesting to have this theory tested in court re all the unsolicited stock we receive from the publishers. e.g. ask for 100 and get 150 copies etc ad nauseum.
Surely that is also unsolicited hence we should be able to stop a magazine and NEVER get it again until we ask for it to be added.
This is the role that the ANF should have adopted – their mission is the protection of
newsagents – and that is why newsagents
are so angry at their collaboration with the MPA instead of with us.
The lack of true consultation with those
who pay for the ANF to exist is astounding.
We received some bullets a few years ago. They called 6 months ago to see how they went, I told them I had disposed of them as I had not ordered them, Phone line went dead…
We need to very careful that IPS does not get any bigger as the “contract” they have with newsagents is grossly unfair and there will be newsagents who feel that they have to have the gross oversupply that IPS provide. Give me NDC and GG where you can actually control your supply through early returns compared to IPS. Can anyone guess I dislike IPS as a supplier!!!
June the best place for a newsagent to test this is in a lower court such as VCAT, QCAT or the CTTT. This could be preceded by a Small Business Commissioner mediation. I’d help any newsagent up for this.
Some info from the IPS website:
CPH Products Message 17 Jun 2015
Dear Retailer,
In regards to the CPH products, IPS would like to confirm that our role is solely to distribute these products on our trucks.
IPS has been informed that the products are samples only and if you wish to order more, you may call the number provided on the accompanying letter. IPS would like to apologise for any confusion caused by the communication, and has provided CPH feedback on the communication.
There will be no charges relating to the distribution of this product.
If you have any queries regarding the sale of these products please call CPH Australia on 1300 855 635.
Regards,
The IPS Team