Jack Barton said:Jack,Hans-Joerg Mueller said:Name one representative for LGB in North America?Jack Barton said:Most business owners are a bit less naive than you seem to be.
"Ehmmmm, I am sorry but that is a line NOBODY represents!"
A nice little diversion, but not the point at all. 
Is there some other Bad News in the pipe, that you would like to distract from?? 
You are the one that made up the little story, not me. I think the problem is what’s in the pipe you’re smoking.
Jack Barton said:Well Cracker Jack, I quit smoking 31 years ago, there are many more beneficial ways to "waste" money. So again, nice try but lousy aim.
You are the one that made up the little story, not me. I think the problem is what's in the pipe you're smoking.
Jack Barton said:Jack.Hans-Joerg Mueller said:Name one representative for LGB in North America?Jack Barton said:Most business owners are a bit less naive than you seem to be.
"Ehmmmm, I am sorry but that is a line NOBODY represents!"
As I understand it, even though the Co name has changed to Silvergate, LGBofA still claim to hold the rights of distribution for LGB in NA.
Surely that makes them an LGB agent?
Even if they no longer actually do distibute LGB.
Or are you saying they have given up such claims to rights in NA?
Oh what a tangled web they wove for themselves.
Silly boys.
This was more than a name change. Silvergate is a new company operations and assets were transferred to. The fact it was not a simple name change makes one think there is much more to it than a company with LGB in the name selling Piko.
As I said before, most likely protecting themselves from some type of liability. Warranty responsibilities from past sales or maybe even legal action from Marklin.
Ralph
Yes Ralph, but, after “claiming” to have the rights to distribute LGB equipment in NA, I don’t see anywhere where Silvergate - LGBofA have ever officially surrendered the rights to distribute LGB in NA.
In my book that means they are still officially a distributor and therefore must be legally responsible for an maintenanace under warranty on any and all LGB products.
TonyWalsham said:
Yes Ralph, but, after "claiming" to have the rights to distribute LGB equipment in NA, I don't see anywhere where Silvergate - LGBofA have ever officially surrendered the rights to distribute LGB in NA.In my book that means they are still officially a distributor and therefore must be legally responsible for an maintenanace under warranty on any and all LGB products.
Until the owners of the"entities" actually and officially surrender their “rights”, those “entities” would still be responsible for warranties.
Depending of course on what those “rights” actually entailed.
If as you say LGBofA is just an empty shell, they have abrogated their responsibilities.
I guess if we “wait until next week” we will all know.
TonyWalsham said:I would guess that they have. Otherwise it would have been much simpler to change the company name rather than start a new company. Ralph
If as you say LGBofA is just an empty shell, they have abrogated their responsibilities.
TonyWalsham said:
Yes Ralph, but, after "claiming" to have the rights to distribute LGB equipment in NA, I don't see anywhere where Silvergate - LGBofA have ever officially surrendered the rights to distribute LGB in NA.In my book that means they are still officially a distributor and therefore must be legally responsible for an maintenanace under warranty on any and all LGB products.
I believe LGBoA as a company is claiming rights to distribute LGB. I doubt that Silvergate Distributers is claiming any such rights. Two different companies regardless of any common ownership.
I don’t know how things work in Oz. Here MAKERS have the responsibility for warranty. They may compensate someone else to handle it, but it is their responsibility. A car dealer might service a warranty, but the car maker pays the dealer for his work and provides any replacements. Märklin gladly sold the old LGBoA several containers of product in 2007. Evidently they didn’t intend to support that product with any warranty or they would have made arrangements to provide parts and service support with the buyer (distributer) of that product.
Do you make Dave replace any defective RCS product out of his own pocket?
Jack
Tim,
When you buy a company to sell the product, you assume the warranty work for all the previous product… Most countrys will not let you out of that, some thing about 7 years here…
Hans-Joerg,
You did say “wait until next week”, looking forward 2 next week…
Jack,
Distributors do in many cases take on warranty and support responsibilities for a product, especially in “exclusive” distribution arrangements as well as “close out” deals. I’m not saying this is the case here. I have no way of knowing.
However, if your company was a division of the original manufacturer and spun off in a bit of pre- bankruptcy shenanigans, the legal system could very well find LGBofA responsible in the US IF the issue is taken up by the courts. The court could go a step further and reach into Silvergate’s pocket if the court decides Silvergate was created solely to avoid responsibility and liability.
There is no “next week”, unless someone brings class action litigation against the parties concerned to determine responsibility.
Ralph
Bob Burton said:
Tim,When you buy a company to sell the product, you assume the warranty work for all the previous product… Most countrys will not let you out of that, some thing about 7 years here…
Hans-Joerg,
You did say “wait until next week”, looking forward 2 next week…
Bob Burton said:
Tim,When you buy a company to sell the product, you assume the warranty work for all the previous product… Most countrys will not let you out of that, some thing about 7 years here…
Hans-Joerg,
You did say “wait until next week”, looking forward 2 next week…
That applies only if you buy a “going concern” and assume all assets and liabilities, doesn’t apply if you buy partial assets of a bankrupted company being sold by the receiver. As far as I’m aware, the Richter cousins (Rolf and Johannes) are personally responsible for any and all liabilities arising from the demise of the former Ernst Paul Lehmann Patentwerk oHG.
There are instances when you really cook your own goose to perfect tenderness, in German law “oHG” is one of those instances.
If you’re looking for prognostications, best look to the Ventilators. They are not accurate, but they issue them at regular intervals. " … wait until next week!" is the slogan on their banner! 
But you knew that, even if it’s hard to concede. :lol:
PS @ Ralph,
It all depends who really owns G45/LGBoA/Silvergate and what the terms of sale were for any goods that were delivered to LGBoA after Sept 2006.
Ralph Berg said:
Jack,However, if your company was a division of the original manufacturer and spun off in a bit of pre- bankruptcy shenanigans, the legal system could very well find LGBofA responsible in the US IF the issue is taken up by the courts. The court could go a step further and reach into Silvergate’s pocket if the court decides Silvergate was created solely to avoid responsibility and liability.
Ralph
Jack
Hans-Joerg Mueller said:
PS @ Ralph,It all depends who really owns G45/LGBoA/Silvergate and what the terms of sale were for any goods that were delivered to LGBoA after Sept 2006.
Jack Barton said:Ralph Berg said:
Jack,However, if your company was a division of the original manufacturer and spun off in a bit of pre- bankruptcy shenanigans, the legal system could very well find LGBofA responsible in the US IF the issue is taken up by the courts. The court could go a step further and reach into Silvergate’s pocket if the court decides Silvergate was created solely to avoid responsibility and liability.
Ralph
Ralph, You are working from the wrong premise. LGBoA was not a “division” of Lehmann. It was a stand alone company held by some familiar names. They are the ones that transfered ownership, not Lehmann. A lot of IF’s in the rest of your post.Jack
Jack Barton said:Ralph Berg said:
Jack,However, if your company was a division of the original manufacturer and spun off in a bit of pre- bankruptcy shenanigans, the legal system could very well find LGBofA responsible in the US IF the issue is taken up by the courts. The court could go a step further and reach into Silvergate’s pocket if the court decides Silvergate was created solely to avoid responsibility and liability.
Ralph
Ralph, You are working from the wrong premise. LGBoA was not a “division” of Lehmann. It was a stand alone company held by some familiar names. They are the ones that transfered ownership, not Lehmann. A lot of IF’s in the rest of your post.Jack
According to any of the German announcements LGBoA was a “Tochtergesellschaft” which means a whole owned subsidiary! Two years are not enough distance for you to attempt to rewrite history, not even “The Original Ventilator” can get away with that! 
As soon as anyone has a court docket number, German or USA, I will be willing to listen. But I guess ya’ll are saying “wait till next week”?
Wrong Jumbo Dumbo, my Sig-Sauer .45 is the “Original Ventilator”
Jack Barton said:
As soon as anyone has a court docket number, German or USA, I will be willing to listen. But I guess ya'll are saying "wait till next week"?Wrong Jumbo Dumbo, my Sig-Sauer .45 is the “Original Ventilator”
That is perfectly reasonable, after all it is only a year since you wrote “… it’s only one bank that is holding out”, what you forgot to write was the fact it was Sparkasse Nürnberg holding out with the Jakob & Co Group. :lol: :lol: You gotta be more specific in order to be understood. Of course it is easy to be deluded when you have just one source informing you and that source has more than just one axe to grind, isn’t it Jack?
As for “The Original Ventilator”, that’s the honorary title bestowed on you for your extremely diligent work organizing the German part of that email campaign which backfired in a VERY BIG WAY . Had I known that you’re a gun owner, too, I’d have warned you about the backfiring effect.
“So it goes” Kurt Vonnegut