Metallica (Premium)
Stern, 2013
Metallica (Pro)
Stern, 2013You're currently viewing posts by Pinsider garrett.
Click here to go back to viewing the entire thread.
Quoted from lowepg:When pinballers (er, investors) began worrying more about the limited nature of their purchase (cant be screwing with their future trade value!!!) and the number on their collector plaque MORE than the game itself... pinball died a little.
Well said.
Quoted from Ninefingers:Metallica has a fan club?
Only $45 to join 
Quoted from Chippewa-Pin:Way to go Stern! You had a great chance with JJP reeling and you blew it...
Probably not...
Quoted from RobT:Yes, but what are the damages?
...additonal $5K by Christmas 
Quoted from Pinballmike217:I'm a dealer and I got less than half of what I ordered. I sold what I got in the order I received deposits and I didn't raise the price. It's a limited edition, they are gone, and that's that.
Stern offered them for sale, they sold, and the rest is sour grapes.
So now the whining starts. My question is: Is everyone moaning a die hard Metallica fan or are people just pissed off because they missed a chance to make a fast buck? If you're truly a Metallica fan you can buy a pro or a premium. Problem solved. If you gotta have an LE the speculators will put them on ebay soon enough. I wish I could have delivered all the machines my customers ordered but I couldn't. For that I am truly sorry. The speculators could smell money and ruined it for the true collectors. Surprising? No. Sad? Yes.
This sums it up pretty well.
Quoted from Tomcat:What? That's limited where you live? Hey, seems like those are going to europe, too.
But it's horsemeat...shhhhh!
Quoted from TomGWI:I really don't understand why they would do 2 premium editions. I think the concept is stupid. Why not turn Stern into BK, Have it your way. Pick your playfield, cabinet decals, trim and translite.
That would add costs. Not sayin' it aint cool..
Quoted from TomGWI:It already adds cost.
It would add addtional costs, it's then a custom item. Takes a few more pople to pull this of. Fact of manufacturing.
Quoted from DrJoe:Looks a little different, better or worse is subjective, plays exactly the same. Costs a little less. What the f*ck is the big deal??? It's not autographed and has black trim instead of silver. Wah freakin' wah.
^^^^And that's what I'd expect to hear in the jury room.
Quoted from iceman44:That......is what I've been pointing out, but you throw the "farts" in there, all of it.....
and you have just described specific performance and made the excellent point of the fact that you stopped looking for another LE once you had a binding contract with the distro!.....I wouldn't go out and buy it for 9k and sue for the damages, I'd make him go do it via specific performance...
I'll ask again, where is this binding contract?
And
Quoted from RobT:Oral contracts are enforceable with a few exceptions.
You guys had verbal agreements with distributors for a LE production pin. I feel sorry for the guys that missed out. Stern made a mistake but we don't know what agreement they had with Metallica, and I'm confident they did have a written "binding" contract.
If I were on the jury I'd be pissed that a bunch of pinheads wasted my time over a matter as trivial as a pinball machine.
Quoted from Pinballmike217:Once again, I'm a Stern dealer, not a lawyer. These comments are coming from me, not from Stern.
To me the deposit is a sign of good faith and nothing more. There is no written contract. I have urged Stern to forbid dealers from accepting deposits. It's a horrible idea but customers wanted them. We now know deposits will not gaurantee an LE. I will not accept deposits for Star Trek (still unconfirmed). I will start a wait list because people will send deposits to several dealers and then screw the remaining dealers if they get a machine from someone else.
The only really fair way to proceed on the next title (my opinion) is to accept payment in full immediately and submit it to Stern immediately. First 500 who pay get machines. That's pretty simple. Yes, you will have to wait several months but that has become part of the game. First come, first serve to collectors. Making speculators wait for a profit will shake out at least a few of them.
This was the point I was trying to make earlier in the "laywer-up" discussion a few pages ago.
There is no contract.
Quoted from iceman44:I think that is a good idea, let the people who actually pay for the first 500 get the pins and limit it to one per customer...problem solved....
But the non-lawyers saying this isn't a "contract" just don't know what they are talking about, sorry, but it is a valid contract the way you guys are currently doing it....when you send a quote simply make the offer conditional on the ability to fulfill the order through the supplier and state how you will handle shortages....
Its offer, acceptance, with consideration...a contract, like it or not unless you the seller elaborate on the terms and would be wise to do so.....cya....
As one of the non-lawyers I understand the legal definition of the verbal agreement as stated.
But the grey area here is the nature of the LE product itself and how it's distributed. The definition of the LE is to be considered when attempting the purchase. No doubt Stern screwed their distributors but it's within their rights to do what they please with their product, like it or not.
But there is more than one side in this issue. I do not know what agreements have been made between Stern and their distributors as well as Stern and Metallica.
Stern made the mistake, imo, when offering the LE model on the Metallica fan site. They should have only have offered the Premium and Pro. I would be interested to know how many pinheads bought the LE version versus a Metallica fan that just wanted to have a shiny Metallica related item found on their fan page. But again, Sterns decision to do so and within their rights.
Stern did not force anyone to sell their current pinball machines to make room or raise funds for the LE product. It's a shame this occurred and I feel bad for those it happened to. Stern is not repsonsible for your personal finances and cannot be blamed. People in so mnay other threads tell us to "quit whining about prices" and "get a better job".
As pinball in general is seeing a resurgence, it's dissapointing to see any discussion of a lawsuit against a manufacturer or it's distributors that is currently a victim of their own success. I'm not defending what Stern did. It's a no win situation for them. They can't produce more LE's as it would de-value the product and reduce any further credibility with the LE concept.
We can all hope Stern and every other possible manufacturer that's brining the LE product to the market learn from this situation.
The nature of the LE is what it is. Sueing people is not going to change what has occurred.
Quoted from gearheaddropping:I can probably think of a few "claims" I can have against a business or people every month. Heck, my 7 year old daughter collided with another kid the other day at soccer practice and had to have an x-ray. I could file a claim against the other kid's parents as well as the league if I wanted to. Medical bills, pain and suffering, etc. Driving to work this morning, some dirt and rocks fell off a gravel truck and probably put some nicks in my hood. I could get litigious on that one as well. Just because you may have a claim, doesn't mean that it should be pursued.
And to think that one against Stern or a distributor for this example would even come within a mile of courtroom is laughable.
Welcome to the "new" America.
How many of you get tired of seeing the commercials for class action lawsuits on TV these days?
Quoted from iceman44:Might as well not bang our heads against the wall Tiger.....like you said, time to do some real work and help people that want and need our help!
Ever buy a house, the contingencies, etc....a contract is complete, once again, when you have an offer, acceptance of the offer, with valid consideration agreed upon, and a meeting of the minds....
its that simple, some contracts require a written agreement like the sale of land...
Ok, that's it, people can believe what they want, as they say, ignorance is bliss I guess, but education is usually a good thing...
And even though that's a written "binding" contract for the house, the buyer or seller can start to add a bunch of BS before the final papers are signed and the deal can be terminated. Been there.
Quoted from markmon:All you whiners on this thread has caused me to rethink my LE purchase. Because of this I'm just going to flip it and pocket a bunch of cash and buy a premium. I already have an offer for $10k for my LE. It's sold as soon as I get it.
Want to take a big gamble on it? If it's a really good game it could hit $10-$12 NIB due to it's scarcity in the US.
You're currently viewing posts by Pinsider garrett.
Click here to go back to viewing the entire thread.
Wanna join the discussion? Please sign in to reply to this topic.
Great to see you're enjoying Pinside! Did you know Pinside is able to run without any 3rd-party banners or ads, thanks to the support from our visitors? Please consider a donation to Pinside and get anext to your username to show for it! Or better yet, subscribe to Pinside+!
This page was printed from https://pinside.com/pinball/forum/topic/dirty-deeds-done-on-metallica?tu=garrett and we tried optimising it for printing. Some page elements may have been deliberately hidden.
Scan the QR code on the left to jump to the URL this document was printed from.
Pinckney, MI