Friendofclocks
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- Dec 1, 2018
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Again, apologizing if this seems overly strident/accusatory, especially as my comment raises the question of NAWCC's purview or responsibility when members of the industry it focuses on use deceptive practices. I am cutting/pasting my core argument from a previous thread, as some responders - all completely honest, candid and genuinely helpful in their intentions - have implied something like a "caveat emptor" standard applies when it comes to manufacturers' substitution of materials cheaper than purported by advertising imagery and text. I specifically take up the issue of deception and why I think it's more serious and applicable than some may assume, and accordingly, raise the question of whether NAWCC might appropriately be more engaged in the matter.
The following is cut and pasted from my discussion of plastic windows on Howard Miller clocks typically listed at $1,349:
"... I do in fact [believe] there was an intent to deceive, and to be honest, I think the NAWCC community might consider the possibility that as a group with some collective leverage, it should hold HM and Hermle to standards of honesty/integrity to the clockmaking craft.
When plastic is made to pass itself off as brass, that is deceptive, except in the limited/unusual case where plastic is structurally/functionally preferential on a particular part and it's colored that way to match the rest of the movement.
Plastic on a dial that is colored to pass itself off as brass is deceptive, and if used in an expectation or hope that a purchaser will or might mistake it for actual brass, possibly out-and-out fraud.
Plastic that is used where glass would otherwise be expected, and the seller/manufacturer benefits from the consumer's expectation will be glass is deceptive-- arguably, out-and-out fraud.
In a bait-and-switch, something of value is presented to interest another party, while something other than the reasonably expected item is actually on offer. The hope is having made some investment (in time, or emotionally) toward the purchase, the customer will go through with it based on the initial investment, and desire not to walk away empty-handed, settling for something slightly (or even very considerably) inferior to what was expected.
I have tremendous appreciation and admiration for NAWCC, but my initial impression is NAWCC has/may have collectively given the likes of Howard Miller (including Hermle) a pass on this issue and thus (arguably) passively or tacitly enabled fraudulent conduct.
If my above definitions concerning deception, fraud, and bait-and-switch are misguided or incorrect, could anyone suggest how, or in what way?
Again, among my premises are that these clocks are purporting to be essentially aesthetic and/or luxury items, typically advertised as representing a tradition of craftsmanship and including "fine" or "finest" quality materials. Typically where function is the overriding concern, and aesthetics secondary, plastic becomes implicitly more acceptable.
Also among my premises is that refraining from using a particular implied material would be excusable to the extent that scarcity or preciousness make substitutions (e.g., plastic) a reasonable expectation. Because the cheapest keys and doorknobs are usually real brass, a consumer buying an ornamental clock (particularly one priced at several hundred dollars or more) would reasonably expect that the amount of brass used on a few keys, or half that on a $5 doorknob, would be used on the clock. Normally it is not reasonable to expect the consumer to think it might be plastic.
The same applies especially for glass. A window on such a clock would normally be expected to be glass based on the cheapness of glass and its aesthetic superiority to plastic. So in such cases, unless the manufacturer alerts customers that it's plastic, we can assume the manufacturer wants it to be mistaken for glass and is engaged in deception.
I hope I can be forgiven for cutting and pasting much of this comment in a separate new thread, as I consider fraud very serious and suspect it is a matter the NAWCC community would agree is well within the purview of its mission. Although, by the way, NAWCC considers advocacy for genuine antiques a high priority, with implicitly lower regard for reproductions and imitations ("cheap" or otherwise), these manufacturers purport to be representatives of a tradition (often invoking things like a "tradition of craftsmanship") that makes the notion of basic standards of integrity and aesthetics vis a vis that "tradition" relevant to members of this community regardless of a default cynicism or dismissiveness toward modern imitations/reproductions.
The following is cut and pasted from my discussion of plastic windows on Howard Miller clocks typically listed at $1,349:
"... I do in fact [believe] there was an intent to deceive, and to be honest, I think the NAWCC community might consider the possibility that as a group with some collective leverage, it should hold HM and Hermle to standards of honesty/integrity to the clockmaking craft.
When plastic is made to pass itself off as brass, that is deceptive, except in the limited/unusual case where plastic is structurally/functionally preferential on a particular part and it's colored that way to match the rest of the movement.
Plastic on a dial that is colored to pass itself off as brass is deceptive, and if used in an expectation or hope that a purchaser will or might mistake it for actual brass, possibly out-and-out fraud.
Plastic that is used where glass would otherwise be expected, and the seller/manufacturer benefits from the consumer's expectation will be glass is deceptive-- arguably, out-and-out fraud.
In a bait-and-switch, something of value is presented to interest another party, while something other than the reasonably expected item is actually on offer. The hope is having made some investment (in time, or emotionally) toward the purchase, the customer will go through with it based on the initial investment, and desire not to walk away empty-handed, settling for something slightly (or even very considerably) inferior to what was expected.
I have tremendous appreciation and admiration for NAWCC, but my initial impression is NAWCC has/may have collectively given the likes of Howard Miller (including Hermle) a pass on this issue and thus (arguably) passively or tacitly enabled fraudulent conduct.
If my above definitions concerning deception, fraud, and bait-and-switch are misguided or incorrect, could anyone suggest how, or in what way?
Again, among my premises are that these clocks are purporting to be essentially aesthetic and/or luxury items, typically advertised as representing a tradition of craftsmanship and including "fine" or "finest" quality materials. Typically where function is the overriding concern, and aesthetics secondary, plastic becomes implicitly more acceptable.
Also among my premises is that refraining from using a particular implied material would be excusable to the extent that scarcity or preciousness make substitutions (e.g., plastic) a reasonable expectation. Because the cheapest keys and doorknobs are usually real brass, a consumer buying an ornamental clock (particularly one priced at several hundred dollars or more) would reasonably expect that the amount of brass used on a few keys, or half that on a $5 doorknob, would be used on the clock. Normally it is not reasonable to expect the consumer to think it might be plastic.
The same applies especially for glass. A window on such a clock would normally be expected to be glass based on the cheapness of glass and its aesthetic superiority to plastic. So in such cases, unless the manufacturer alerts customers that it's plastic, we can assume the manufacturer wants it to be mistaken for glass and is engaged in deception.
I hope I can be forgiven for cutting and pasting much of this comment in a separate new thread, as I consider fraud very serious and suspect it is a matter the NAWCC community would agree is well within the purview of its mission. Although, by the way, NAWCC considers advocacy for genuine antiques a high priority, with implicitly lower regard for reproductions and imitations ("cheap" or otherwise), these manufacturers purport to be representatives of a tradition (often invoking things like a "tradition of craftsmanship") that makes the notion of basic standards of integrity and aesthetics vis a vis that "tradition" relevant to members of this community regardless of a default cynicism or dismissiveness toward modern imitations/reproductions.