Contract or BS?

[dperry]

In this situation I tell the operator that he is in violation and I tell the store manager. If the machines are still there next month they get relocated to my warehouse, where they will be kept safe for a few months.

Ok, this is what I don't get. 

This is not one of those situations where the machine may or may not be abandoned.  This is a machine where you know the owner is still around.  Just because you have a no compete contract, there is no legal way in hell that you would have the right to steal the machine like that.  It doesn't matter how much you think you are in the right.  All you have a right to is that the machine is not there competing with your equipment.  That does not entitle you to remove it.  Your contract is with you and the store management.  Not between you and any other vendors who may try to compete.  So if you have a problem like that, you need to take it up with the location management.  You can turn it against the wall, put an 'out of order' sign on it, or have the owner move it out of the way for you.  Stealing the machine just leaves you open for other liabilities.  If you did that to me, I could certainly file a police report on you and the very fact that you had it in your possession would be proof that you stole it.  Your no-compete contract won't save you against any legal issues that may arise from that.

[Paraflier]

That idea takes the location out of the picture. What you're saying is that if I had a machine at a pizza joint, and someone put another one there, I could just cry, "Hey! I have a contract! You gotta move!"

Talk all you want. All I know is that you are a competitor. If I get no word from the location where my machine is at that it has to go, then it stays. Talk is cheap. Show me the agreement. You think my 1800 triple head is going to undercut your multi-account rack deal with all its info I am not entitled to see? Come on. I don't care what commission you are paying someone. I want to see the non compete clause. If it's there, I'm gone. But I am going to verify first.

And if a machine vanishes, then I have a pretty good idea who to tell the police stole my equipment. The contact info is most likely on their machine.

[Hillbilly]

If a vendor took my machines, I am certainly gonna take his.

[will.vend]

This thread has certainly caught fire...so I might as well chime in...first off let's be realistic, you know damn well that dollar tree and any other large chain outfit has an exclusive contract with a vendor, the fact that you were allowed to place your machine there was a mistake. you should pick your machine up and stop making a big issue out of the obvious.

now later on in one of your replies you talk about a mom and pop pizza location...now that's an entirely different situation, odds are they do not have an exclusive contract so if manager says it's ok then leave your machines until management says to remove them.

it's guys like you that piss locations off and everybody gets kicked out, go find a spot that nobody else has machines at and stf up!

[Paraflier]

Ok. First of all, I did not "know damn well" that there was a contract in place. i still don't because no one has bothered to call me back. So I don't see how this is "obvious".

"I should pick up my machine and leave" Not a chance. That's quitter talk. I have said many times in this thread that if there IS a contract, I will pick the machine up ASAP. Because someone called and said they have one is not reason enough. It's a tough ol' world. You have to come up with more that words to make things happen.

"it's guys like you that piss locations off and everybody gets kicked out, go find a spot that nobody else has machines at and stf up!" So if a place has a contract with a vendor this is between them and the location. Not I. If I am to leave, then it will come from the location.

And posters that say they would just move someones machine, or put it in a garage is just silly talk. How many of us have seen a ratty looking non serviced machine that we wanted to make vanish? Lots of us, I bet. But you don't. Cause it's stealing.

Didn't mean to kick the hornets nest here, but I still believe I am in the right here. I thank you for all your responses. I can see how some of us would handle this situation. PS-- Still no word from the message I left.

[Smiley]

I think it's funny that you call it stealing for me to call you up, tell you that you are in violation of my exclusive contract, give you a month to pick up your equipment and to call you after the month and tell you that your machines are in my warehouse. and then give you a chance to pick them up. That doesn't make me a very good thief.

Just out of curiousity. the money that's in your machines, that you put in the store in violation of my exclusive contract, that I might have paid a placement fee for, that I might have had to make 6 phone calls and go to 3 meetings to get, that I might have had to offer 35 or 40% commission, that I might have had to promise that I would beat the sales of the previous operator, that money in your machines, is that money stealing?????

[Paraflier]

I think it's funny that you call it stealing for me to call you up, tell you that you are in violation of my exclusive contract, give you a month to pick up your equipment and to call you after the month and tell you that your machines are in my warehouse. and then give you a chance to pick them up. That doesn't make me a very good thief.

Just out of curiousity. the money that's in your machines, that you put in the store in violation of my exclusive contract, that I might have paid a placement fee for, that I might have had to make 6 phone calls and go to 3 meetings to get, that I might have had to offer 35 or 40% commission, that I might have had to promise that I would beat the sales of the previous operator, that money in your machines, is that money stealing?????

Nope. Cause people can't eat toys. (At least not a lot of them.)

[flooded]

i agree with you will.vend. for one all major stores have a contract by now. us small time bulk vendors can't fight against the vend o matics. if the want a account they will go in there and buy. i started this bulk vendng for my 3 kids to do to make play money. i work for a major beverage company and when it comes to contract in stores. racks, coolers etc. its not stealing when they pull it and notify you. some stores will tell you to take it. and if other company doesn't come oh well. as long as you try to notify owner and keep it documented. you tried. now mom and pops is far game. most major chains the decision makers are not at store level

[flooded]

sorry for the bad english, did this on my phone and i had fat fingers. sure you can figure it out.

[antoniocinisi]

if i was you i would pull the machine. i had one in a major store that . knew the manager well. it was near the bathroom in the back of the store. the company that had the store saw it. started yelling about the contract. called me each time he serviced his for three months. manager said leave it. after the forth, i did not get a call but machine was missing. i called his company and had to go meet him to get it back.

did you punch him in the nose and put your machine back?

+1 on seeing the contract and talking to magement on your situation paraflier.

[dperry]

I think it's funny that you call it stealing for me to call you up, tell you that you are in violation of my exclusive contract, give you a month to pick up your equipment and to call you after the month and tell you that your machines are in my warehouse. and then give you a chance to pick them up. That doesn't make me a very good thief.

Give it whatever spin you want.  It's still stealing.  Your no-compete contract won't hold up in court anyways.

[sherlock]

In this situation I tell the operator that he is in violation and I tell the store manager. If the machines are still there next month they get relocated to my warehouse, where they will be kept safe for a few months. I will call you to tell you what happened to the machines. If it appears you are not going to make arrangements to get the machines back, at some point in time (4-6 months?) they get destroyed.

How many times have you actually done this?

I'll bet somewhere between never and never ever.

If you have done that even once and got away with it -- you're a lucky man.

I wouldn't recommend rolling those dice again.

Especially calling them to offer them their machines back.

They may take more than their machines from you when you meet.

You just don't do that to other people's property and expect to get away with it without some serious consequences...especially property used to put food on their family table.

The contract may give you the right to be the only vendor in a location, but it does not give you the right to take possession of someone else's property -- even after 30 days.

The proper recourse is to enlist the location owner/manager assistance to get the intrusive vendor out or take that vendor to court.

I know it's probably not worth court -- but that's really all the contract gives you a right to.

Expecting someone to pull their machines just because you told them you had an exclusive vending contract is like expecting someone to stop showing up for work because some stranger called and told them they were fired.

Only a fool would pull their machines without either a direct request from leadership at the location or proof of the contract.

[havending]

I was wondering what rate of comm. You pay this location?  Do you have a verbel or written contract is so you may be able to sue for loss of future income deoending on what state your in

[Smiley]

How many times have you actually done this?

I'll bet somewhere between never and never ever.

That's a bet you would lose.

I've been in the business for over 20 years now and I've had this happen many times. I've had just about everything happen with the exception of what you are implying might happen. I've had the person pick up the machines after I've called. I've had to pull his machines back to my warehouse. I've had the person come to my warehouse to pick up the machines. I've dropped the machines off somewhere. Very often, I've had to eventually destroy the equipment because there was either no phone #, no one answering the phone #, or the person never came to pick up the equipment.

[NinnJinn]

Although some feathers are getting ruffled.

This is a good thread. Now that it has been brought up,  I can understand non compete contracts etc.  But never really thought about large chains having them.  Our local Dollar Tree doesn't have any bulk machines what so ever in their store.

I always thought of Large chains having contracts to protect the vendor from getting booted,  not competition.  If you provide good product at a good price, why worry about competition?

Now if you are selling or buying a route, No problem on non compete being signed.

[Paraflier]

I was wondering what rate of comm. You pay this location?  Do you have a verbel or written contract is so you may be able to sue for loss of future income deoending on what state your in

That sure seems to be easier and faster than showing a contract to someone.

It seems pretty easy... Either be able to back up your claim of exclusivity, or you are just talk.

**edit** And it would also prove difficult to be sued due to future loss from a contractual obligation seeing as I am in no way bound to the contract. That would be between the location and the vendor. You can sue your location for 'loss of future earnings', or a breach of the contract.

[sherlock]

That's a bet you would lose.

I've been in the business for over 20 years now and I've had this happen many times. I've had just about everything happen with the exception of what you are implying might happen. I've had the person pick up the machines after I've called. I've had to pull his machines back to my warehouse. I've had the person come to my warehouse to pick up the machines. I've dropped the machines off somewhere. Very often, I've had to eventually destroy the equipment because there was either no phone #, no one answering the phone #, or the person never came to pick up the equipment.

You are indeed a very lucky man.

But, you incorrectly think you've had "just about everything happen".

I can think of a hundred bad things people could do in those situations.

Think about it -- these people know what you look like, where you have some of your machines located, AND where your warehouse is (for those that came to your warehouse for pick-up).

You make things pretty easy for anyone with bad intentions.

Quit while your ahead...don't take the law into your own hands.

Just show the contract, get the location to kick out the intruder, or go to court.

[Profits]

Think about it -- these people know what you look like, where you have some of your machines located, AND where your warehouse is (for those that came to your warehouse for pick-up).

You make things pretty easy for anyone with bad intentions.

I'm big on video surveillance.  Maybe Smiley is a fan too.  Not a lot of people will mess with a location that has 30 cameras rolling 24/7.