#Flyer Reports . . .
20-Dec-94 15:10:36
Sb: #97360-#Flyer Reports . . .
Fm: J Saperstein/FontBank 75300,632
To: Arnie Cachelin 71332,3717
"And what products, for example, have met your stringent pre-release
specification requirements."
Excuse me? What are you talking about?
To the best of my knowledge, NewTek hasn't published a product specification
for the Flyer. In terms of law, that means NewTek could deliver a piece of junk
and leave the purchaser without legal recourse for recission or refund.
The publication of a product specification is something so common that its
absence attracts attention – as in this case it has. (The product, for
instance, can't be purchased by the government if no product specification has
been published.)
My concern is that I have been unable to find a published NewTek product
specification for the Flyer. From a legal standpoint, that is document which
defines for the prospective purchaser what it is that they are buying.
Statements in advertising, press releases and so on, are largely considered
to be "puffery" and do not bind the utterer.
If you think it's outrageous to ask for something as simple and basic as a
product specification, that's fine . . . for you. If you prefer to deal without
that legal safeguard, that's fine . . . for you.
But I prefer situations where I know I can protect my rights, if the occasion
warrants, and that's fine for me.
Jerry