Abandoned machines: What to do with them.

[ButlersVending]

Abandoned machines - and -  What to do with them.

 

Laws vary from place to place, but generally they attempt to protect both parties.

 

1. If the machine was a "Hot Location" / left without knowledge or permission of the Location, then it is the least protected as the Location has no responsibility to allow it's floor space to be obstructed, nor to be used rent free. Generally, their maximum responsibility in my state is to look for contact information, then call the offending Operator to ask them to pickup the machine. They may state something as being considerate enough to allow for the machine to be claimed within three days, for example, or simply to tell the Operator that they are placing the machine near the dumpster, etc.

 

2.  If the machine was a "Verbal Location" / left with an acknowledgement of someone at the location. The Vendor, or Operator, has only morality to depend upon, as the law provides protection best when "it's in writing". Plus, whomever that gave permission, in today's transient society, may soon no longer be there.

 

3. If the machine was a "Contractual Location" / left with a written contract. The terms define the "rights" of the Location and of the Operator. In my state, a vender, even with a written contract, unless otherwise stated, is abandoned after one year without being serviced. A Location must attempt to contact the Vendor, even if no contact information is available. However, simply by sticking their head outdoors and calling "Hey Candyman", or something similar, the Location is then exonerated.

 

My first vender was an Oak 6" (small globe} Acorn. I was in a gas station in NC, and I asked the owner about what looked to be an abandoned vender. He said "It ain't mine! Somebody left it here over five years ago, and ain't come back yet!" I told him about abandonment, assuring him that he actually was the owner. Morally, he was uncomfortable about selling it until I offered to to pay him a very fair price and to give him a "Letter of Promise" assuring him that if the owner ever did return to claim it, that he could have it back. ... I was never notified, and we've had the same phone number since before we started vending in 1985.

 

Currently, two Vista Cabinet machines are waiting for me to buy them from the Location. The Location Owner, a personal friend of mine, tried to get those two machines on the same stand picked up last year, then told me to come back after Spring to see if they're still there. If they are, I'll buy them.

 

There are two sides to every coin, and to most disagreements. The Operator should be protected, and the Location should also be protected. When both of their interests conflict, law and morality must be taken into consideration as the Operator should not unreasonably have his property removed or taken, and the Location should not unreasonably be expected to store a machine, which hasn't been serviced* for a year. *( ... not cleaned, not filled, no commission paid, and occasionally even with ants in the globe.)

 

When young, a Millionaire once told me to "Never throw-away that which you could give away!", then he followed with "First, try to sell something before determining to give-it-away." I knew him to be kind, compassionate and wise.

 

My advice to anyone about abandoned machines is to both stay within the law, and to stay within the bounds of morality.

[Makes Cents]

If the machine aint mine Im not taking it, or buying it or giving the location a "letter of promise". To me all of those are just an excuse for justifying taking something thats not yours.

[bbeckl]

I have a location that for over a year now, has asked me to take a abandoned vendstar. She keeps saying "its the same company" (NCCS) , and i tell her, "im a private opperator, thats not my property, im sorry i cant take it." Last time i was there she was irate about it. She told me if i cant take it next time, i cant have my machine in there. Im going next week, hopefully i dont get kicked out, because im not taking it.

[ButlersVending]

All of us must live within the confines of our own perspective and understanding. For those who believe that they shouldn't be involved with an abandoned item, whether it be a vending machine, or anything else, then you shouldn't simply by your own standards. I did clearly make the point that the location is not at all responsible for "Hot Locations", and for abandoned machines. To reiterate, the locations are businesses; they're involved in not only earning a living for themselves, but they're also obligated to pay for the heating and cooling, lights, salaries and taxes. Those businesses must utilize their floor space as profitably as necessary; when a vendor doesn't fulfill his contractual agreement, the store not only has every right to ask for the machine to be removed. If the vendor doesn't remove it, or provide for it's removal, then the responsibility is that of the vendor. 

 

Being a full time vendor of a very large route, and having been vending since 1985, I've seen both sides of this argument. Numerous times, I've been offered machines which were purported to have been abandoned, when I knew it to be the truth, if I wanted it and had a need for it, I bought it. When I did not feel comfortable about an offer, such as a late night phone offer several years ago of a Double Vista on a stand but with no keys, I turned the offer down. Over the years, upon store closings, I'd pick up machines of my competitors. I'd call them promptly upon getting home, to tell them that a store was closing, and that I took their machine for for them, and that all they needed to do was to come and get it.

 

A couple of years ago, one Operator for whom I'd saved machines from loss twice, had one of his route runners to mess with my rack in the same restaurant. I called him to say what was happening, then told him that his runner must stop messing with my machines. At first he denied that his runners would do that, then being reminded that I was friends with his father, and that I'd returned machines to him twice, he assured me that he'd speak with them and have them to stop. He did, and they stopped.

 

All-in-all, we Vendors should treat the Locations fairly. We shouldn't demand that they not only keep our venders in their stores once that they've abandoned them. Locations should also treat us fairly and they should call us when they no longer want our machines in their locations. It is the responsibility of Vendors to put contact information on their machines, many of us Vendors fail to always do this. (I'm sometimes guilty of this "Sin of Ommission", too.) On the other hand, the Location should look for our contact information, then use it. And, the responsibility of keeping one's contact information is that of the Operator.

 

In summation, buying a vender which truly has been abandoned is both legal and moral, as the Rights of the Location demand so. Nevertheless, if an Operator believes that he should not buy an abandoned machine, come Hell or High Water, then he shouldn't, as he must feel that he is doing the right thing. Not waxing religious, but using a sermon to which I paid attention many years ago: 

"On Judgement Day we'll all be asked if we believe that what we did was correct and good. The Doors will be opened wide for all of us who do." This was an interesting topic to me back them, as I realized that not everyone has the same understanding of all situations, and that we'd be accountable according to our understanding. I try not to judge those who do not agree with me. And, I hope that those who do not agree with me believe similarly. However, knowing that this is not always going to be, I have my belief and my understanding, to fall back upon when the situation requires it.