HELP Electrocompaniet stole Christmas


What a mess:
After finally deciding that spending money on the latest EMC-1 parts mod, I contacted Electrocompaniet's distributor back in October to arrange to bring my EMC-1 MkII to him directly in PA so as to avoid RT shipping risks and expense for this 50 pounder. All was set for a Christmas week mod, as I was to be in NJ visiting my relatives that last week.
I called on Christmas eve to arrange a drop-off time, and was told that Christmas Day noon would be fine, but that I had to arrange the deal through a dealer! Yikes! So I remembered Fathers & Sons and called them, arranging for the paperwork and profit to be credited through/to them. Fine. So I drove 2 hours through a nasty winter storm to arrive at Warshaw's house, where he said he'd NOT perform the mod if my EMC-1 didn't have a serial number on it, as there was a grey-market guy in New York who sold a few of these this year. I assured him that mine indeed had a serial number, was produced in spring '01, and bought used by me in summer '01. He said OK, and lugged the player into his house, saying he'd call me in a couple of days to pick it up. Great!..............
I returned to NJ and watched the storm intensify....
Two days later I called to arrange a pick-up hour, and Alan told me that he did NOT perform the mod because the player had been originally sold by a Danish dealer, and NOT through him, so he had made a decision to NOT support any players not originally sold thorough him. No warranty repars, parts, nor mods!..............
I was stunned, couldn't convince him to make an exception since he had never asked me to provide a serial number beforehand, and I went through a total of a half-day of driving through a storm to accomplish this mod.
He just told me to come pick it up at my convenience. I glumly arrived on Saturday and retrieved my untouched puppy, where Alan said that unfortunately I had to share the victimization of the gray-market. I asked if I should contact a Danish dealer to see if a board-swap could be done (of course thinking he didn't really know the answer), but he thought that Electrocompaniet wouldn't support my player either! I asked with some incredulity what was going to happen with all the players that people have when they move from one country to another (!), but he said that this policy was the only way they have of penalyzing the gray market.... I suggested that in THIS CASE he should have installed the mod because of his lack of due diligence in assessing the production/sales history of this particular CDP, ESPECIALLY given my enormous effort in delivering it to his doorstep on Christmas Day.... I left sadly but gracefully.
WHAT SHOULD I DO? I contacted the Danish dealer but he's not responded. Should I contact Electrocompaniet directly and try to arrange a board swap or purchase the parts mod "kit" and instakllation directions (I'm pretty familiar with boards and soldering)? Should Alan have acted differently? Isn't the world getting small enough so that internationally-sold products should have protected lives independent of sales point?
PLEASE HELP!
A Happy and safe New Year to all!
Ernie
subaruguru
The distributor is mainly at fault here; EC only provisionally and by extension until Ernie contacts them and gets some sort of response. The distributor blatantly reneged on his stated arrangement with the customer, much to Ernie's inconvenience and expense. A distributor in a foreign country ought to function as a local representative of the manufacturer as far as possible. To US EC customers, this importer/distributor should *be* EC, to the extent of his and their capabilities to function in that capacity, and this upgrade is clearly within those capabilities.

This distributor has no real way of knowing whether Ernie's unit was gray-market or not, and it shouldn't matter anyway. Ernie is a second-hand owner, and is not responsible for the unit's prior history. For all anyone knows, the piece was originally bought at retail by the first owner in Scandinavia, and later sold used overseas via Audiogon. So what? Unless the thing was stolen off some loading dock while awaiting shipment from the factory, EC and one of their resellers have made their money on this unit. The US distributor now needs to function as EC's local representative, and earn some more money for the both of them by performing the paid upgrade. If EC needs to kick a little more back the distributor's way to get it done when he wasn't the original importer, then this is what they have to do, rather than leave owners in the lurch or make them ship their gear to Norway for updates. If they can't present a unified US front to *all* their owners and potential customers here - used and new - then EC either needs to pack it up or find a distributor who can get it done for and with them.

The distributor has already let his end down, but EC needs to take the lead and the ultimate responsibility for issues like this. Particularly if the US distributor is charging the high mark-up alluded to above, failing to support the second-hand market will obviously have serious consequences for EC's primary market US sales in the long run. This distributor apparently needs to ask himself whether it is his pricing policies, and not his service policies, which need to be more conservative if he is suffering from a gray-market problem as implied. Deflating EC's US used market desirability by refusing to perform upgrades on many second-hand units will only serve to further increase his vulnerability to current-spec product brought in through other channels at lower prices. None of this is good for EC, and they should do what it takes to keep Ernie the happy owner he wants and deserves to be. In his case, that would now begin with comping him the shipping expenses to get done the work he should already have been enjoying for his efforts.
I hope Stewart from SOS will respond to this thread. One of the truly great audio dealers. His word is good as gold. i think he could shed as much light on this subject with truth more than anyone else. Hope things work out for you Ernie. I won't forget your kindness.
With all due respect Brulee, I think this is one topic that Stewart or any other Electro dealer would want to avoid. It is the position of the Electro importer that is of concern, and quite possible that no dealer is going to sway the importers decision. As FS Audio stated correctly, they were unfortunately caught in the middle. I doubt that any dealer(s) would want to try to defend Alan's policy, let alone his actions in this particular situation, and risk the ire of the audio public, or publicly conflict with Alan's policy and risk his potential anger. It is no mean feat for a dealer to develope a positive product line image and recognition. It isn't really fair to ask a dealer to risk a poor relationship with the importer at this point. It would be best if EC and the importer were to develope a cogent policy to include situations like this (and it will happen again given the current dogmatic approach that the importer has adopted), rather than ask a dealer to "fall on his sword," so to speak. Then again, I've certainly been wrong in the past, and this could simply be another instance. Ciao.
Jcbtubes, once again you have made a valid point. I didn't mean to put anyone on the spot. Thanks for your input and not putting the hammer to my head. Though i know it was hard for you to resist. I am still hearing those voices. Need some more of help. At least i am not seeing what you say isn't there. i thank you for correcting me in one of your more gentle ways. What's the matter, ya getting soft in your old age?
Since it seems that many people want me to respond to this issue I will but only as an overview of what has been stated to date. I have not been able to reach Alan to get his reasons although some are obvious and I feel that I have no right to speak for Alan without us discussing the issue.

Before going into this delicate issue I do hope that everyone had a great holiday season and that 2003 is wonderful for us all.

I am a little surprised by some of the comments, "I was thinking of a dac but I have taken them off my lists",
"I know not to purchase a Electrocompaniet product", how is it that a company can be so easily dismissed for one minor issue. We are talking about an upgrade here not a unit that is not working.

Some points I would like to make in the very beginning. Alan Warshaw has always proven to be a wonderful distributor and has always gone out of his way for customers in my dealings with him over the last 4 years.

I cannot recall of a single customer that he has ever refused to help except for those with the "grey market units."

One other point that I would like to make is that many distributors and manufactures rather not deal with the public and that is why they are not dealers. Everyone does not excel at interpersonal relationships.

Now there have been some things stated on these posts that are absolutely ludicrous so let me deal with those first of all.

Someone mentioned that if you purchased a Mercedes "grey market" that you would still have a warranty that is absolutely not true. The term "grey market" came about because of the practice years ago of high end European luxury cars coming into the states and not a one of those had a warranty and many dealerships would not touch them. But you know what they were alot cheaper! Any time you circumvent the system you initially pay less you just lose it on the back end if you resell the item.

It was mentioned that Electrocompaniet is Mid Fi gear. I would highly recommend that you listen to some of their latest offerings and compare it to any gear at any price point. The EMC CD player is as good as anything out there
and the DAC, Integrated amp and AW 220 amps are stunning.

I continually hear that the distributors over charge for products in the US. I have looked into the issue because there are a couple of lines that I love without US distribution at this time and I have considered importing the lines. When you look at all the costs involved no one is getting rich distributing audio products in this country. Also it works both ways US products in Europe and Asia are alot more money. The Exchange rate dictates what your profit margin will be week to week. The distributor normally pays for the warranty work the manufacture supplies the parts. So there are added costs besides shipping, duties, storage etc. Almost all products go through distributors that is just the way business is done.
A global economy does not mean that you find a back door to purchase a product and then expect that the distributor has a responsibility to you.

Many of you state that Alan at Electrocompaniet has a duty to take care of the customer regardless of the situation and that is being very short sighted. If a distributors costs get too high normally the first thing that goes is the warranties. Look how many companies in audio do not offer warranties to the second owner. Many are US manufactures that do not even go through a distributor network. Alan does honor the transferring of Electrocompaniet warranties to the second and third owners tell me how does he benefit from that?

This has all come about because there has been someone in the US who has purchased EMC's and Audio Aero's and resold them in this country for a significant discount on Audiogon.
Many customers purchased them. Some had problems which I find amazing since I have never experienced problems with the players. Somehow Electrocompaniet got a lists of the players of the Danish dealer that broke protocol and sold them to a consumer in New York who resold them. These units from my understanding are not to be covered by anyone but the Danish dealer at his expense. (That maybe why no one can contact him) I placed a posting months ago warning those of you on Audiogon - - that was about all that one could do.

I just talked to Alan and when he talked to the customer he tells me that he was not given a serial number. Upon realizing that it was one of the banished units he refused to do the upgrade. I find it unfortunate for the customer but Hopefully this can be a learning experience for everyone that when purchasing used audio gear it never hurts to get the serial number and check before you purchase.

Let me reverse the situation a minute and lets say that Ernie purchased a corvette and it came with a 36,000 mile bumper to bumper warranty. The vehicle is purchased used and at 33,000 miles it needs some warranty work and the customer calls a dealership and makes an appointment. Upon arriving at the dealership they find that the car was last serviced at 48,000 miles and the speedo had been rolled back by the previous owner. The dealership refuses to cover or even work on the vehicle as does GM are they in the wrong? Is it the fault of the dealership, GM, or the fraudulant previous owner.

To most of us including me audio is a hobby. But it is also a business first and foremost to many and all business decisions are not always popular.

I just ask each of you who have responded to this post to put yourself in Alan's shoes. You make your living importing a product this is how you exist. You have a huge investment in product that you have purchased, in years of getting dealers to believe in Electrocompaniet, in consumers who depend on you to service and repair the product. Now there is an invasion of a renegade European dealer that could destroy all that you have spent years to build. WHAT WOULD YOU DO? If you take care of one "grey market" unit you give validity to the future forces that could overwhelm you.

Someone mentioned that Electrocompaniet should get a new distributor. Why for protecting what he has worked years to build? Also for those of you that do not know this when a distributor goes away and a new one comes in all the product previously sold no longer has a warranty in this country because the new distributor is not going to cover the expense of repairs. He has no obligations to the past in which he was not involved.

I know that on the surface Ernie's upgrade seems a simple OOPs how cruel and heartless by the distributor but there are many issues involved.

And I will repeat we are not talking about a player that is defective or not working. But about one that the customer wants upgraded.

I know one of the things that makes Ernie's situation more appealing is that he drove to Alan and brought him the unit.
In my opinion the only mistake Alan made was not opening the unit then and there seeing what it was and returning the unit. But I must admit I never open units when they are first brought over because you do not expect them to be "grey market."

As to my taking care of Ernie I cannot because the only person doing this upgrade is the distributor. Furthermore I would not go against Alan on this I do not have the right.

But there are alot of other CD upgrades available aftermarket.