Paint or stain codes proprietary?

[nasdaqsam]

I have a Kinkade. It's numbered as #25 of 5,000 (or something to that effect.) It is mass produced. It is matching. There is no requirement that the manufacturer of this mass-produced & matching item give me the color codes or techniques used in manufacturing.

We have several Kinkades as well, Actually met the man personally some years back at an art showing in San Francisco. But art all though in this case could be called mass produced at no point does Mr. Kinkade state we buy our supplies from that artist so that we can match our art to thiers exactly. Everything you are all saying makes perfect sense and I get were you are coming from BUT the advertising changes the game. If they never advertised it as such I would never have bought them and would not be in this situatuon. I purchased a product by inducement of their advertising.

 

[Zigner]

We have several Kinkades as well, Actually met the man personally some years back at an art showing in San Francisco. But art all though in this case could be called mass produced at no point does Mr. Kinkade state we buy our supplies from that artist so that we can match our art to thiers exactly. Everything you are all saying makes perfect sense and I get were you are coming from BUT the advertising changes the game. If they never advertised it as such I would never have bought them and would not be in this situatuon. I purchased a product by inducement of their advertising.

Ok, fine. You're right. Good luck.

 

[TheGeekess]

We have several Kinkades as well, Actually met the man personally some years back at an art showing in San Francisco. But art all though in this case could be called mass produced at no point does Mr. Kinkade state we buy our supplies from that artist so that we can match our art to thiers exactly. Everything you are all saying makes perfect sense and I get were you are coming from BUT the advertising changes the game. If they never advertised it as such I would never have bought them and would not be in this situatuon. I purchased a product by inducement of their advertising.

That's what advertising is for. To induce you to purchase something, whether it be physical or an idea.

 

[nasdaqsam]

Ok, fine. You're right. Good luck.

Oh come on don't give up that easy. For me to take this to a resolution I need as much negative as possible. By battling each and every point I am better prepared. It has been educational.

As you can see I do not give up. I had a brand new motor home some years ago. It quit in the middle of the highway for no reason. I went lemon law with it and lost. I continued my campaign after that and received a new brand motor home with out any kind of litigation. This year that company issued a recall for that exact problem. The problem they said did not exist and they were not having an issue with.

 

[nasdaqsam]

That's what advertising is for. To induce you to purchase something, whether it be physical or an idea.

Exactly, BUT they can not misslead a consumer. That is illegal.

 

[justalayman]

You speak of many different issues but you keep bringing up the advertisent regarding the matching. Just who is advertising this?

You then have your damaged garage doors you want to repair. That apparently a completely seperate issue. The company is not required to repair damage you caused nor are they required to provide the process details, materials, or material codes to you to allow you to do it. If you want to compare the moss magnuson act to your situation, compare it in like terms: do you think the car manufacturer must provide paint, their paint process, or the materials to you? That would be a more accurate comparison.

So, what is your actual problem you think the law can help you with?

 

[TheGeekess]

Exactly, BUT they can not misslead a consumer. That is illegal.

No it isn't. They can infer in advertising that buying THIS product can make you rich/slim/beautiful/not smelly all day long.

 

[justalayman]

Regardless of whether the garage door advertised matching paint or not is irrelevant since that does not appear to be the op's complaint. Only if the garage door supplier breached some warranty would it allow the op to file a complaint, at least regarding their situation.

Op's complaint is the supplier materials or information or do work for them. Sorry but unless op has a warranty claim they are sol.

 

[nasdaqsam]

No it isn't. They can infer in advertising that buying THIS product can make you rich/slim/beautiful/not smelly all day long.

Luckily I am all those things all ready****************************..well at least the not smelly one and that depends on the day.

Actually I spoke to the feds consumer rights department this afternoon and they think I should file a complaint and feel this had merit. It helped that I had an email from one of their engineers that stated we get this complaint a lot that went on to basically say go pound salt. If nothing else I will make a lot of noise and I will get my door costs out of their attorney fees. I can write letters, visit builder forums and tell my story all day long as long as I tell the exact truth I will be a thorn in thier side for a while to come. Eventually they will sell me some stain and all will be good.

 

[Zigner]

Luckily I am all those things all ready****************************..well at least the not smelly one and that depends on the day.

Actually I spoke to the feds consumer rights department this afternoon and they think I should file a complaint and feel this had merit. It helped that I had an email from one of their engineers that stated we get this complaint a lot that went on to basically say go pound salt. If nothing else I will make a lot of noise and I will get my door costs out of their attorney fees. I can write letters, visit builder forums and tell my story all day long as long as I tell the exact truth I will be a thorn in thier side for a while to come. Eventually they will sell me some stain and all will be good.

In other words, you understand that you have no recourse from a legal perspective and now you are attacking it from a public-relations perspective.

I'm glad you were able to find out what you needed to know from this forum. Good luck.

 

[BL]

Luckily I am all those things all ready****************************..well at least the not smelly one and that depends on the day.

Actually I spoke to the feds consumer rights department this afternoon and they think I should file a complaint and feel this had merit. It helped that I had an email from one of their engineers that stated we get this complaint a lot that went on to basically say go pound salt. If nothing else I will make a lot of noise and I will get my door costs out of their attorney fees. I can write letters, visit builder forums and tell my story all day long as long as I tell the exact truth I will be a thorn in thier side for a while to come. Eventually they will sell me some stain and all will be good.

You ,yourself will no get your door cost out of their legal fees.

You seem pretty confident you will be given your stain.

You forgot to add that you are high strung in the list .

 

[justalayman]

Luckily I am all those things all ready****************************..well at least the not smelly one and that depends on the day.

Actually I spoke to the feds consumer rights department this afternoon and they think I should file a complaint and feel this had merit. It helped that I had an email from one of their engineers that stated we get this complaint a lot that went on to basically say go pound salt. If nothing else I will make a lot of noise and I will get my door costs out of their attorney fees. I can write letters, visit builder forums and tell my story all day long as long as I tell the exact truth I will be a thorn in thier side for a while to come. Eventually they will sell me some stain and all will be good.

so what is the truth? You have never actually stated anything anybody did wrong. Since you claim to be rich, you would make a great target for a defamation suit.

Eventually they will sell me some stain and all will be good

or sue you for many thousands of dollars.



as to the statement from the feds; if you told them what you posted here, they did not tell you that. Nothing you have posted here is in violation of any laws, rules, or requirements of the law.

 

[tranquility]

Let me get this straight, Kinkade paintings and prints are considered "art" in some way? Fascinating.

People were wanting matching doors but no company actually builds both. In order to grab more market share they came up with; the garage door company buys thier fiberglass door skins off the front door company so that the graining can be matched exactly. It is implied they buy their stain there also so that you can deal with two different companies and buy matching doors. It's there advertisement not mine.

You got what was "implied" by the advertisement. They did not imply they warranty your ability to do so forever. Or, a moment.

 

[nasdaqsam]

In other words, you understand that you have no recourse from a legal perspective and now you are attacking it from a public-relations perspective.

I'm glad you were able to find out what you needed to know from this forum. Good luck.

Actually the comsumer affairs depatment feels I do and I will explore that avenue first. They can not explicitly advertise as they did. The thing is they are selling this product on the idea that they are getting all the materials from the door manufacturer and that is a flat out lie because they do not. I also spoke to the front door rep today he was telling me they are getting more and more of these complaints. This could have been easily resolved by selling the stain directly or they even could have set up with the stain company to sell it directly if they do not want to deal with it. It was the whole attitude that this is what we do too bad for you deal with it. That does not sit well for me. There are quite a few complaints against this companhy all ready. I did a quick builders forum and with in 2 days had three others with similar issues. That is a small sampling but on one forum and a short period of time to get three others? I am not the only one.

 

[nasdaqsam]

Let me get this straight, Kinkade paintings and prints are considered "art" in some way? Fascinating.

You got what was "implied" by the advertisement. They did not imply they warranty your ability to do so forever. Or, a moment.

Seriously? Thomas Kinkade was the inovator of light and shadowing. Have you ever seen an original Kinkade that he himself did? Not a reprint, an original? Ok at some point he sold out but that does not mean he did not have talent.

And I did not get what was implied. It was implied the doors would match the front door, they do not, not even close. How do you see that is getting what was implied. And if you all have noticed I have not mentioned either company in any of this post. If I was on a witch hunt I would have. I simply want what I was sold.