Ralph Berg said:Ralph,Ralph Berg said:Everyone seems to dance around this issue. Seems to me the consumer has the potential to be the largest unsecured creditor. Were we represented and what has the bankruptcy court ruled? It seems to me if any unsecured creditor is going to receive even one penny on the dollar from the proceeds from the asset sales the consumer with warranty issues should be included. Ralph
HJ, Has the bankruptcy court given those with warranty issues(current and future) creditor status in the proceedings? They certainly should have done so. If so, the court should have set up some avenue to process those claims. Ralph
That would have required a class action. The only “class action” was the email campaign from the Ventilators and it was Low Class. BTW how would you assess a potential claim on goods that, according to the Ventilators and their ilk, was free of any and all fault? Add to that the fact that LGB® Märklin is providing warranty service in Germany, sends warranty parts free of charge to at least one of my buddies here in Canada.
And then you read the warranty stipulation in the LGB literature:
LGB Warranty said:
WARRANTYThis precision product is made using
quality designs and technology.
Like a fine timepiece, it has been crafted
by hand. Constant monitoring of materials
and assembly, together with final testing,
ensure a consistent level of high
quality. To get the most enjoyment from
this product, we encourage you to read
the instructions and this warranty.
Ernst Paul Lehmann Patentwerk warrant
this product worldwide for two years
(LGB Club members: for five
years) from the date of original consumer
purchase against defects in materials
and workmanship, if purchased from
an authorized retailer.
If you have a valid warranty claim, including
proof of purchase from an authorized
retailer, we will repair or replace the
product at our discretion. If it is impossible
to repair or replace the product, we
will refund all or a reasonable portion of
the purchase price at our discretion.
Of course, you may have other legal
rights independent of this warranty, particularly
in the case of material defects.
To make a claim under this warranty,
please bring the product, with the proof
of purchase, to your authorized retailer.
To find an authorized retailer, please contact
one of the addresses listed below.
You may also send the product, with the
proof of purchase, directly to one of the
service departments listed below. You
are responsible for any shipping costs,
insurance and customs fees.
ERNST PAUL LEHMANN PATENTWERK
Service-Abteilung Garantie
Saganer Str. 1-5
90475 Nürnberg
Deutschland
Telephone: (0911) 83707 0
www.lgb.de
LGB OF AMERICA
Warranty Service Department
6444 Nancy Ridge Drive
San Diego, CA 92121
USA
Telephone: (858) 795-0700
www.lgb.com
Please note:
- This warranty does not cover damage
caused by improper use or improper
modifications/repairs. This warranty
does not cover normal wear and tear.- Transformers and controls are subject
to strict CE and UL regulations and
may only be opened and repaired by
the manufacturer. Any violations automatically
void this warranty and prevent
any repair by us.- U.S. only: This warranty gives you specific
legal rights, and you may
also have other rights which vary from
State to State.
We are very proud of our products, and
all of us sincerely hope they give you
many years of enjoyment!
Wolfgang, Rolf, Johannes
Anyone with an LGB item that didn’t include that or a similar stipulation, please let me know. I’m always willing to learn something new!
If I remember correctly the total from the asset sale to Märklin was less than 8million Euro, add the 300k from the auction. That means “The Boys” are still on the hook for more than 10 million Euro until such time as the Saganer Strasse real estate is sold.