Full Version: BallStars-Be Careful

From: precisionlaser [#3]
 23 Jun 2006
To: Zippos (CARDSPLUS) [#2] 23 Jun 2006

Thanks. There is nothing in their distributor agreement that says anything about their dealing with large chains. It's simple greed on their part.

From: Dave Jones (DAVERJ) [#4]
 23 Jun 2006
To: precisionlaser [#1] 23 Jun 2006

One thing I would wonder, which I don't know if you know for sure, would be if the manufacturer approached the chain (that would be unethical), or if the chain approached the manufacturer. Many large chains become distributors themselves, since they have all of their stores as "customers" and usually have no problem being given distributorships by manufacturers. When a manufacturer has exclusive regional distributors, the chain might get around that by taking on a region anywhere that is open, since they might have stores in many regions.

Just a thought.


From: precisionlaser [#5]
 23 Jun 2006
To: Dave Jones (DAVERJ) [#4] 23 Jun 2006

In this case, the chain did not approach Ballstars and the chain is not a distributor. Even in that case, it seems unethical to me that once they knew that one of their distributors had the business, that they would butt in and take it away. I don't see any way to polish this up to even begin to resemble ethical behavior.

From: Barbara (RGILE) [#6]
 23 Jun 2006
To: precisionlaser [#5] 23 Jun 2006

Neither do I. I would be furious, dissapointed, and definetly, not ever do any business with them again.
It's too bad that people cannot stand to see someone get ahead. They were still making money by you buying product from them.
You are right, it's just greed.
They will get paid back someday.
Sorry you had to get burned.
Barb

From: Harvey only (HARVEY-ONLY) [#7]
 23 Jun 2006
To: precisionlaser [#5] 23 Jun 2006

And the stupidest part of it all is that they probably not making any more money selling direct to them then they would be by selling to you. Maybe even less if they had to drop prices.

If they sell to them at distributor costs they just make the same, but prevent you from making anything. Just plain stupid. But the sales rep may even get a bonus for the stupidity.


From: Harvey only (HARVEY-ONLY) [#8]
 23 Jun 2006
To: ALL

I am changing the name of the thread from 'Ballstars' to 'Ballstars-Be Careful'. Just a bit more accurate.

From: precisionlaser [#9]
 23 Jun 2006
To: Harvey only (HARVEY-ONLY) [#8] 23 Jun 2006

Amen...

From: precisionlaser [#10]
 23 Jun 2006
To: Barbara (RGILE) [#6] 27 Jun 2006

Thanks, Barbara...no, I'll never do business with them again..that's for sure and I don't recommend anyone else do business with them either.

From: precisionlaser [#11]
 23 Jun 2006
To: Harvey only (HARVEY-ONLY) [#7] 23 Jun 2006

Thanks Harvey,

You're totally correct and when they consider the logistics costs and other issues which I can't get into, they may find that the better deal would have been to simply support us...better for them in terms of reputation AND finances...just plain stupid behavior on their part, in my humble opinion.


From: Stunt Engraver (DGL) [#12]
 23 Jun 2006
To: Harvey only (HARVEY-ONLY) [#8] 23 Jun 2006

Harvey,

We'll go with your title.

Mine would have been, "This takes Ballstars." :-$ 

I wonder how John Gygnell, owner of "Oz Ballstars" the newest distributor/licensee, for Australia and New Zealand will fare?

Probably not as well as he'd like, now that Ballstars has set a bad precedent in the U.S.

That's going way "down under." :S 

Just a second.

<thumbing through NBM Long Beach flyer>

Ahh yes. Ballstars will be an exhibitor at the Long Beach Show, July 20-22, 2006.

I'll invite Ballstars to visit this thread, in order to hear both sides of the story.

If they decline, there's always a golden opportunity to have a face-to-face in Long Beach.

I'm a good listener and have plenty of time to devote to the story. :-) 

EDITED: 23 Jun 2006 by DGL


From: Stunt Engraver (DGL) [#13]
 23 Jun 2006
To: precisionlaser [#12] 23 Jun 2006

Mark,

Here's a copy of the email I just sent to Ballstars:

I'm the host/moderator of Engraving Etc. www.engravingetc.org/forum

One of our members, Mark Dickens, of Precision Laser, posted a message to my forum that Ballstars was/is engaged in unethical business practices, concerning a situation wherein Ballstars did an end-run and went direct with a major account that he'd developed.

I'm asking for your side of the story.

We only allow first-hand, factual accounts, when it comes to this type of matter.

If there's no truth to Mark's story, we'll delete the thread.

We'd appreciate a response on the forum, although a private response will be ample.

I will, of course, mention your response to the forum members.

Thank you.

David Lavaneri

===================================================

EDITED: 28 Oct 2006 by DGL


From: precisionlaser [#14]
 23 Jun 2006
To: Stunt Engraver (DGL) [#13] 23 Jun 2006

That's fine, David...I'll be interested to see how they respond.

These days with the Internet coverage of these kinds of things (think AOL, I'd like to cancel my account), companies are called to account in many public forums for less than ethical behavior. Let the fun begin...


From: Stunt Engraver (DGL) [#15]
 23 Jun 2006
To: precisionlaser [#14] 23 Jun 2006

Mark,

I just got off the phone with Andy Gensch, owner of Ballstars.

I appreciate his quick response.

Andy, as with yourself, elected not to mention the name of the account involved, although he did say that you neglected some of the facts in the matter.

Don't shoot the messenger. :-) 

1) The account was landed through an associate of yours, with which you have other dealings within the chain. Once into the deal, the stores told your associate, "The economics weren't working out."

2) Your associate approached you, with that news, in order to make the numbers work. Couldn't be done.

3) Ballstars looked at the scenario, in a number of ways, working through you, to make the numbers work. Couldn't be done.

4) In order to keep the account, as a business move, your associate decided to negotiate directly with Ballstars; with your knowledge.

Ballstars did not approach the chain directly.

5) For your initial involvement, you were offered, by Ballstars, a percentage of each sale, in perpetuity; which you turned down.

===================================================

As our Zippo distributor pointed out, right or wrong, companies dealing directly with major accounts, has become the way of the world.

Once again, according to our Zippo friend, Zippo makes that fact plain in their contracts.

Although, as you say, Ballstars, to this point, makes no such claim in writing, Andy feels you were offered fair compensation for your involvement.

From: Button (LASERCHICK) [#16]
 23 Jun 2006
To: precisionlaser [#1] 23 Jun 2006

I am with Mark on this one. I had a situation about a year ago that someone was getting prices from me, then called Ballstars and they told them they would sell wholesale to them. I contacted Ballstars and my distributor (Conde). My sales rep at Conde was furious with Ballstars and did everything he could. Ballstars made the excuse that they would only sell "a few" balls to someone for them to try the products and see about marketing it. My suggestion to Ballstars was that when someone needs wholesale products, they send the order to me, or someone else who has bought their system. I did end up finding out that they will sell as many as you order, and keep selling them to you. I upset me that I had to spend $10,000 on my system and then find out that they had started this.

Well, now this week I had someone approach me about purchasing 1000 balls. When I gave him a heck of a deal, he then called Ballstars and found that they will sell him the balls for $1.25 cheaper (per ball) than I can purchase the same amount of balls for! He is going to buy them direct from them and send them to me to make.

Ballstars is not only undercutting those who buy their systems but also their distributors! I have never been happy with any of my dealings with Ballstars and I think they are a dirty company!

What I did find out about Ballstars is:
1. They are desperate
2. They will undercut anyone
3. They will not take responsibility for their actions
4. You can't believe a word they say


From: precisionlaser [#17]
 23 Jun 2006
To: Stunt Engraver (DGL) [#15] 23 Jun 2006

David,

Andy conveniently leaves a few things out of this:

1. Ballstars has no knowledge of what I can make work and can't make work. They made the decision ON THEIR OWN that the economics just couldn't work. I asked them for an additional discount to help make this work and they refused...nothing, nada, nil. I wonder why that was? The fact is that had they extended to me end quantity pricing (a reasonable assumption given the probable volume for this account), I could have met the chain's needs. They refused.

Now, it's true that I couldn't have competed with Ballstars on the pricing, but isn't that the issue?

2. Ballstars never "worked through me". We had exactly two calls...one to tell me that they thinking about quoting on this opportunity and one to tell me that they were taking the business. The last call is where I was refused any discounts, assistance or even willingness to buy back the inventory I had on hand. I was informed "we don't do that".

3. The assertion that I was offered a percentage of the sale is a lie. I was offered $0.25 per ball for "bringing the opportunity to their attention". WOW...a whole quarter. Yes, you get a "percentage of the sale" if you divide $0.25 by the sale of a ball, but when you consider that these balls have widely varying costs, the percentage is not fixed. I suspect that if he hadn't shaded the truth and told you that I would receive a shiny quarter for allowing them to steal the business, it might not have sounded so nice. I did turn it down because it was an insult.

4. If you read my previous posts, I never said they approached the chain...

The bottom line is that once Ballstars found out that one of their distributors had closed a major sale, they wanted it for themselves. They offered NO assistance to us and even when we asked if they would buy back their own inventory (which presumably they'd sell to this account), they refused. The FACTS of this are that we made a major (for us) investment, brought and sold the concept to our associates and launched the program. We deserved to keep it. Ballstars has conducted themselves in a shameful and unethical fashion, no matter what "the way of the world" has become. I stand by each letter of each previous post.

What they don't know yet is that their ability to pull this off will require my cooperation...guess how that's gonna turn out?


From: Stunt Engraver (DGL) [#18]
 23 Jun 2006
To: precisionlaser [#17] 23 Jun 2006

Mark,

I made Ballstars aware of this thread. If they have anything to add, I'd rather see them comment directly.

From: precisionlaser [#19]
 23 Jun 2006
To: Stunt Engraver (DGL) [#18] 23 Jun 2006

That's fine...I say "bring it on". There's no way they can dress this pig up...

From: Stunt Engraver (DGL) [#20]
 23 Jun 2006
To: precisionlaser [#19] 23 Jun 2006

Mark,

I'm pretty sure there will be no direct response from Ballstars.

People will have to draw their own conclusions, which I'm sure many have.

From: precisionlaser [#21]
 23 Jun 2006
To: Stunt Engraver (DGL) [#20] 23 Jun 2006

They may not be willing to publicly own up to this behavior, but it certainly does not end the matter for me. There are additional chapters of this book to come.

From: UncleSteve [#22]
 23 Jun 2006
To: precisionlaser [#17] 23 Jun 2006

Mark,

Just out of curiosity (being nosey?), does Ballstars assign territories to their distributors or is it open season for anyone and everyone who can find a phone number?


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