Old Navy?

[Smiley]

The reality of operating in a chain store is that the manager often has no idea about the vending and doesn't want to be bothered. The fact that no one but me has asked you to remove it is proof of noithing

[havending]

The reality of operating in a chain store is that the manager often has no idea about the vending and doesn't want to be bothered. The fact that no one but me has asked you to remove it is proof of noithing

Smiley,

These guys don't get it. They place their little tripple and think that they are some how entitled to the location lol. There is a big difference between what we do and what they do but if their happy with 8.00 a month I guess let them have it

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[kandyking]

Correct, we are but flies circling your mighty heads. Dismiss us and and let us fight for the scraps. You just just continue to steal our machines with the $8.00 in it.

You guys are angry at who you view as smaller time vendors but you should be angry at your location for not enforcing your contract or your lawyer for drafting a contract that is not specific enough. Either way, it just makes good sense not to have another vendor, no matter how very high and mighty he may be, to dictate if I can or can not have a location. None of you have addressed the possible fraud that could be entailed by a vendor pretending to have a location under exclusive contract. And since most of your knee jerk reactions were to steal the machine, then pardon me for not trusting you upper echelon vendors.

[Smiley]

The fraud that is far more common is the small operator who says that he got the manager's approval but just did a drop and run.

[kandyking]

But that small operator is not asking for your trust nor is he asking for your location. I am not doubting that small operators commit fraud. I wouldn't give up my location to one of them either. My only point is that the ONLY PERSON who has a right to ask me to leave a location and I am obligated to listen is the location itself. Anyone with an exclusive contract has the right to demand that the location ask me to leave but has no right to demand to me directly that I leave. A contract between a vending company and a location has nothing to do with me until the location opts to enforce it.

[Smiley]

So, let's say McDonalds pays money to a toy company for exclusive rights to put a toy in their happy meal. Then some small fast food place starts giving the same toy to their customers. Are you saying that only the toy company is being harmed, not McDonalds. I say both companies have a cause of action.

[musser]

But that small operator is not asking for your trust nor is he asking for your location. I am not doubting that small operators commit fraud. I wouldn't give up my location to one of them either. My only point is that the ONLY PERSON who has a right to ask me to leave a location and I am obligated to listen is the location itself. Anyone with an exclusive contract has the right to demand that the location ask me to leave but has no right to demand to me directly that I leave. A contract between a vending company and a location has nothing to do with me until the location opts to enforce it.

Sorry you are wrong, wrong and even more wrong and flat out wrong.

I operate under several different types of contracts.

I guarantee you that my independent contracts give me the legal right to call another vendor and tell them to remove thier unauthorized equipment from my location. And yes I mean my location, I bought and paid for and continue to pay every month of the contract. And I guarantee you that under my contract I can take legal action against the location for letting someone in but that is precluded by the rest of the contract that allows me to defend the rights of the contract.

Vend management companies go a step futher. The vend managemment company agreement gives them the express right to manage the vending period. The management company was hired specifically to be the manager of all things vending. It is the obligation of the vend managment company to protect the terms of the vending contract and to be the sole point of contact with the location regarding vending.

It is the JOB of the contract holder to call you!!!!!

Please folks don't get all worked up about things about which you know nothing.

[kandyking]

It may very well be their job to call me but it is also their job to show proof of their right to call me. I have an oral agreement with the location manager. Until the location lets me know that someone else has the right to ask me to leave or until the new contract holder shows me proof that they have the ability to ask me to leave, then I have to assume they are a saboteur with the intention of defrauding me out of my location. I do not think it is unreasonable to ask of proof of this or to hear from the location itself. You can not expect me to yield to a contract I have no part in and furthermore are not even aware of its contents.

[Smiley]

Not only that Musser , but I believe that if there is a pattern of you not enforcing the contract over an extended period of time you might lose the rights to enforce it in the future. .i.e. you leave the unauthorized guy in for a year, you might not be able to get him out. Or you let 5 guys into other stores in the same chain, goig after #6 might be a problem.

It is imperative on you to enforce your contract.

[kandyking]

So, let's say McDonalds pays money to a toy company for exclusive rights to put a toy in their happy meal. Then some small fast food place starts giving the same toy to their customers. Are you saying that only the toy company is being harmed, not McDonalds. I say both companies have a cause of action.

I am not arguing the validity of the contract nor am I arguing that the vending company is being denied income by my presence at the location. What I am arguing is that the burden of proof is on them if they expect me to take my machine and leave. If I got that email, I would ask to hear from the location or to see the executed contract in which they have the right to ask me to leave. If I were denied both of those, I would simply keep my machine there until one of those two things happened.

[kandyking]

Roy,

More mudslinging without a single point? Why even engage in the conversation if you do not make valid points but instead hurl insults? Make an educated point and then call me a moron. Until then, please keep your insults to yourself and keep studying for that GED. Third time's a charm. (Yeah, I can be a jerk too. It is really not that difficult)

[kandyking]

The original post was made stating that he got an email from another vendor claiming to have a contract with Old Navy. Should he pull his machine or ignore the emails. I offered my opinions and gave points to back them up. Thus far, no one has refuted my point or gave a reason why the contract vendor is not expected to produce proof of some sort before we take his word that the location is his and his alone. I am not quite sure why this riles everyone up this much but I have made a point (regardless of if you agree with it or not) and I have backed it up in a clear and concise manner. Isn't that the basis for these forums?

If someone wants to say something constructive, give a way that a contract vendor can show proof to the other vendor (not an unreasonable request) in the least laborious way possible.

The one good point that GED Roy made was that this thread has run its course. I bid you gentlemen good day and hope that you someday will see that it is not that insane to ask for proof that a vendor claiming to have an exclusive on a location actually has it.

[Smiley]

I'm not going to let you see a copy of my agreement. If you don't believe me, call the account.

[musser]

Yikes! sure is tough sometimes to share knowledge.

[dogcow]

Action could not agree more,I had a machine busted in to twice lost hundreds of dollars in cash and inventory the cops had video fingerprints names and adresses for the crooks they did nothing said they will bust them if they come back and get caught in the act LOL

[dkochan]

I just called All Vend Management Company. They are legitimate. I spoke to the receptionist who told me that they have the vending contract for Old Navy. However, Old Navy instructed them to remove bulk vending from their stores.

[havending]

I just called All Vend Management Company. They are legitimate. I spoke to the receptionist who told me that they have the vending contract for Old Navy. However, Old Navy instructed them to remove bulk vending from their stores.

I'm sure they are talking about the machines tripples etc in the break rooms. Old navy does there own ball and toy machines

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[musser]

My head hurts

[vendy]

I just called All Vend Management Company. They are legitimate. I spoke to the receptionist who told me that they have the vending contract for Old Navy. However, Old Navy instructed them to remove bulk vending from their stores.

I don't believe the legitimacy of this company was ever in dispute.

[manedon]

Thanks for all the input guys. I didnt realize this was such a touchy subject, but I am going to take the Kings advice and wait.

[musser]

Thanks for all the input guys. I didnt realize this was such a touchy subject, but I am going to take the Kings advice and wait.

You had a good legitimate question. The subject is not touchy at all. The problem arose when folks that actually know about such things and actually hold such contracts tried to inform others about how they work. Unfortunately others choose to hijack the thread to vent their frustrations over the fact that their expectations have no foundation in reality. And that is not information but obfuscation.

To further clarify the situation with contracts: there are some companies that don't train local managers very well. I have had to actually resort to carrying a copy of a contract with me so I can give it to local managers. But always the contract dictates my actions. Some contracts require that I do the "dirty work" of calling people take their machines out, usually however I have to send an email to the master contract holder who in turn emails upper management who then emails the local manager to fix the problem. Sometimes the master contract holder does this directly, as is the case with Allvend calling you. They are not bad guys they are simply doing the job they were hired to do.

I hope you understand that no one is trying to pick on anyone. The opposite is true, if it wasn't no one would have spent all this time explaining this part of the business.

[kandyking]

Musser,

I am not confused about how the contract works. You have explained yourself clearly. My only objection was the POSSIBLE conflict of interest that arises when a competitor is the one telling you to remove your machine without issuing any proof. I understand that the contract, if actually attained, entitles the contract vendor to an exclusive. I also understand that it is a contract that I am unable to violate because I did not sign it. If my machine is there, it is Old Navy that is in violation. I hope that you have read one of my 20 posts stating my one and only point that I have a hard time taking the word of someone who is in direct competition with me when they tell me to remove my machine. 99 out of 100 times they may very well be entitled to the spot. In order for me to yield my position to them, I would need some proof whether that proof be the location contacting me or viewing the contract (which is undesirable). I see your side of it. You, however, make no attempt to see my side of it. In the end, I am the fly in the ointment. I am the man who refuses to remove my machine so I was trying to help YOU with tips on how to easily get all parties concerned to agree to enforce your exclusive contract. At the end of the day, if you have a local manager letting me put my machine in there, it is your problem. Your options then become to steal my machine or convince me to remove it (by having the location enforce your contract or by convincing me directly). That is a simple fact.