GHL On Sale - BRS

[Mywifeisgunnakillme]

Something like this happened earlier this money on a Cherry Coral live sale. They went through with it and let people purchase the frags.

I believe the money we are talking about here is peanuts to BRS.

I am pretty sure i even remember a (very good) contracts professor in law school, many years ago, talking about being careful about public advertisements and how they easily create binding contracts.

 

[Mywifeisgunnakillme]

Fair enough; what is nonsense about what I said?

lol, sure. You're analysis died when you talked about what a clear offer is or is not. The BRS offer could not be any more clear---so clear, in fact, that people bought the products at the price stated and their credit cards were charged...

 

[Acros]

I am pretty sure i even remember a (very good) contracts professor in law school, many years ago, talking about being careful about public advertisements and how they easily create binding contracts.

Recently, I had to deal with a tricky situation involving a rental lease contract. It was an eye opener. Common sense (or a common person’s sense of Justice) does not necessarily matter when it comes to interpreting law and court.

 

[JNalley]

Price gouging? Let's not go down that route It's a mistake (and they are in stock in their hundreds at SA).

Price gouging is defined as "...when retailers and others take advantage of spikes in demand by charging exorbitant prices for necessities."

Hanna reagent is not a necessity and therefore is not covered by Price-Gouging regulation. Supply and Demand will dictate the costs of goods, especially luxury items. I'm not saying that's the case here, I have no dog in that particular fight, it could be a mistake, or it simply could be supply and demand. This is why PS5's are selling for Multiple thousands of dollars and no one is doing anything about it. Even retail outlets are selling them well above MSRP, same with video cards.... Luxury items do not count towards price-gouging.

 

[FishyFishFish]

lol, sure. You're analysis died when you talked about what a clear offer is or is not. The BRS offer could not be any more clear---so clear, in fact, that people bought the products at the price stated and their credit cards were charged...

I don't agree. But let's leave it there and see what happens.

No doubt you'll congratulate yourself on believing that you have won the debate but, honestly, I just don't care anymore!

 

[JoshH]

I don't know why you are posting this. This is a government bureaucrat writing in layman terms about consumer protection regulations, nothing to do with this situation at all. Unless you think BRS needs protection from reefers?? LOL, probably actually.

Not sure how it isn't directly related to this. If they don't honour the posted, ADVERTISED price. This fits False advertising to a T.

I am also not sure how you link me posting something you yourself said was about CONSUMER protection and think it in any way was about protecting a business? But maybe with my lack of education, I just can't connect the dots there... ;Hilarious

 

[Ranjib]

BRS used to be Ryan, Randy etc and that is what made them good. BRS is no longer Ryan, Randy etc IMO (yes, they are still there, but who is really directing proceedings?). Just because I have lost interest in BRS, doesn't mean that I can't (or don't) respect the individuals who built it up as a company.



Is this a bit like the bogus insurance claims argument? Insurance companies have lots of money so putting in a false claim doesn't hurt anyone? Or is it ok to steal from Walmart as long as you don't steal from a local independent grocery store?

I don’t share this sentiment. While your fear is hypothetical , I have been part of 4 institutions that went public (IPO) , in one of them I was the 6th employee. I have seen companies grow from much smaller to 100 times bigger than BRS and I can tell you for every single of them founders , execs matters. They influence culture , they serve as role model , they inspire generations of employees. venture capitalists and invested check these things . Hence I believe it matter a whole lot . Just like I love r2r because it reflects rev’s value, through the mods and through this community . It’s very easy to make a speculative passerby comment , it’s significantly harder to persevere and grow an organization that gives livelihood to many others. And I’ll be always supporting the later, unless I have very strong reason. It’s not just a moral conjecture, it’s an attitude I want to maintain to stay humble .

 

[JNalley]

I don’t share this sentiment. While your fear is hypothetical , I have been part of 4 institutions that went public (IPO) , in one of them I was the 6th employee. I have seen companies grow from much smaller to 100 times bigger than BRS and I can tell you for every single of them founders , execs matters. They influence culture , they serve as role model , they inspire generations of employees. venture capitalists and invested check these things . Hence I believe it matter a whole lot . Just like I love r2r because it reflects rev’s value, through the mods and through this community . It’s very easy to make a speculative passerby comment , it’s significantly harder to persevere and grow an organization that gives livelihood to many others. And I’ll be always supporting the later, unless I have very strong reason. It’s not just a moral conjecture, it’s an attitude I want to maintain to stay humble .

While I agree with what you're saying for the most part about influencing culture and the like. It's important to note that IPO, and selling controlling interest in your company are 2 completely different things. When AT&T acquired DirecTV, AT&T kept key employees and call centers but shifted the entire culture of DirecTV, AT&T very much dictated how DirecTV operated from that point forward.

Edit: Come to think of it, the same thing happened when Charter Communications purchased Time Warner Cable & Brighthouse Networks. Charter had controlling share, placed all 3 companies under a new moniker (Spectrum), but dictated the culture and operations of the other two with very little 2-way traffic.

 

[Mywifeisgunnakillme]

This fits False advertising to a T.

No, just trust me on this, and my time is no longer on this.

 

[Ranjib]

While I agree with what you're saying for the most part about influencing culture and the like. It's important to note that IPO, and selling controlling interest in your company are 2 completely different things. When AT&T acquired DirecTV, AT&T kept key employees and call centers but shifted the entire culture of DirecTV, AT&T very much dictated how DirecTV operated from that point forward.

Edit: Come to think of it, the same thing happened when Charter Communications purchased Time Warner Cable & Brighthouse Networks. Charter had controlling share, placed all 3 companies under a new moniker (Spectrum), but dictated the culture and operations of the other two with very little 2-way traffic.

You are right , there’s that possibility . But here’s its opposite , I feel . That BRS is a better org than the companies they are acquiring , culture wise. And also there’s the bit of after the event . We can say that they didn’t do the right things if it went in that direction , which is speculative at this moment. Only time will say . But yea , 100% there’s a chance.
And we can have good example also , like Pixar was acquired by Disney.

 

[JNalley]

That BRS is a better org than the companies they are acquiring , culture wise.

The problem with this is two-fold.

1) it's still unclear (to me) if BRS acquired Neptune or if Bertram Acquired Neptune. We already know Bertram Acquired EcoTech.
2) BRS might be better, culture-wise, than Neptune if they acquired Neptune. But Bertram Acquired BRS and EcoTech for sure. This means Bertram has a controlling share of BRS, not BRS. While Bertram will likely keep a lot of BRS's culture in place, they can and will dictate BRS in a manner in which they see fit. This isn't speculation, it's reality.

 

[Mywifeisgunnakillme]

I don't agree. But let's leave it there and see what happens.

No doubt you'll congratulate yourself on believing that you have won the debate but, honestly, I just don't care anymore!

Don't ever represent yourself in court, you'll thank me later.

 

[MaddyP]

INACCURACY DISCLAIMER​

From time to time there may be information on our web site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Bulkreefsupply.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

that’s all folks.

It’s my understanding this disclaimer protects BRS in the case they publish inaccuracies on the website giving them freedom to correct or update as needed. I’m not sure this extends to an order/invoice once placed.

 

[rtparty]

The problem with this is two-fold.

1) it's still unclear (to me) if BRS acquired Neptune or if Bertram Acquired Neptune. We already know Bertram Acquired EcoTech.
2) BRS might be better, culture-wise, than Neptune if they acquired Neptune. But Bertram Acquired BRS and EcoTech for sure. This means Bertram has a controlling share of BRS, not BRS. While Bertram will likely keep a lot of BRS's culture in place, they can and will dictate BRS in a manner in which they see fit. This isn't speculation, it's reality.

They are all sister companies operating as separate entities.

If I had to guess, Bertram owns 50% in each of them.

Nothing at BRS has changed as far as I can tell. They still have great customer service. They are all passionate reefers. They like equipment and gear. They like a good debate/conversation. They are still putting out Investigative series and planning on many more. They haven't fired a bunch of people to "cut the fat" and are actually looking to hire a lot of people currently.

Neptune's culture immediately became better when Terence left. Now if we can get Ryan to influence some decisions over there, it's a win win for all of us. An example of this is the Apex ELMO will be returning "soon." It is very likely that Neptune and Ecotech will start playing nice again.

It's amazing all the hate BRS gets. Like they are actively trying to destroy the hobby or something. For those who stop and think for 2 seconds, it does BRS absolutely no good to push people away from them and the hobby. It is completely to their benefit that they continue doing what they have done for the last 15 years.

 

[rtparty]

It’s my understanding this disclaimer protects BRS in the case they publish inaccuracies on the website giving them freedom to correct or update as needed. I’m not sure this extends to an order/invoice once placed.

It clearly spells it out in the last sentence.

This was a typographical error in the pricing. They can change the price without notice even after the order is placed.

I would bet they have to get your consent to the new price though before fulfilling the order.

 

[MaddyP]

It clearly spells it out in the last sentence.

This was a typographical error in the pricing. They can change the price without notice even after the order is placed.

I would bet they have to get your consent to the new price though before fulfilling the order.

Yes, they can change the price on the website irregardless of your order price but they can’t just charge you more after money has already exchanged hands.

 

[polyppal]

R2R should have some kinda failsafe for when what seems like a simple post goes into 10+ pages… it’s obv devolved into something stupid…

 

[rtparty]

Yes, they can change the price on the website irregardless of your order price but they can’t just charge you more after money has already exchanged hands.

They can't legally charge you more without making you aware and getting permission.

They can easily claim the inaccuracy though and deny the transaction.

They could also let it go, say whoops, and send everything out. I think there is a 51% chance of this happening LOL.

 

[Mywifeisgunnakillme]

It’s my understanding this disclaimer protects BRS in the case they publish inaccuracies on the website giving them freedom to correct or update as needed. I’m not sure this extends to an order/invoice once placed.

I doubt the disclaimer impacts the analysis.

First, I don't ever remember having to read this policy/term (or even check a box that i did read it) when ordering; therefore, it's not a part of the offer, acceptance, consideration, or ultimately the contract in that respect. Vaguely placing some boiler plate on website does not automatically make it a part of a sales contract.

Second, once money in tendered and taken by the offeror, the deal is done and all terms are in the contract (or supplied by law in some cases as necessary). The only terms BRS has in its sales contracts are price, shipping, tax, etc. At no point when you are clicking buy, etc., do you ever agree to allow them to change the price later.

I would want to review the UCC or statutes for anything specific to internet sales, but based on standard contract law, the above is sound analysis.

 

[rtparty]

R2R should have some kinda failsafe for when what seems like a simple post goes into 10+ pages… it’s obv devolved into something stupid…

Pretty easy for people to avoid the post. Don't click on it especially when you know "it's obv devolved into something stupid..."