3GScottishUser
27th October 2005, 04:56 PM
From Mobile Today (27/10/2005):
Box breaking fiasco rages
Distributors are scrambling to shield themselves from contract box breakers as Anglia Telecom edges closer to footing a £300,000 clawback bill from 3, triggered by a retailers export of handsets. Anglia is also negotiating a disputed £83,000 commission payment to Lucky Technologies, a Brighton-based dealer accused of box breaking.
Lucky's solicitor, Rajendra Mashru, claimed several major distributors have insufficient guidance in their terms and conditions on contract box breaking to withhold commissions.
Lucky owner Howard Suryaatmadja is alleged to have sold Sim-only 3 contracts and hundreds of high-value 3G handsets in Singapore on a weekly basis since the start of the year.
EBS amended its terms and conditions recently in response to the Lucky affair, and several distributors are believed to be looking to make similar changes.
Mashru said most distributors had failed to provide dealers with adequate information regarding the operators terms of marrying specific Sim numbers with specific IMEI numbers. They have not told us that the terms and conditions ... are the same as those from the networks, he said. In their own terms there is nothing stopping us buying back the equipment. They dont have anything stopping us [from reselling contract handsets].
Mashru also claimed that any such clauses would fall foul of the laws.
One distributor chief admitted that individuals intent on box breaking would take comfort if distributors and operators were found to be powerless in tackling contract box breakers. But, he added, the law was unlikely to come into play, as distributors would not want to sully their relationships with operators. Similarly, dealers would not want to attract reputations as box breakers as no distributor would be willing to trade with them.
Anglia declined to comment. A spokesman said: It is a matter for our lawyers at this stage.
Separately, Luckys solicitor has threatened to issue a winding up order on EBS this week after the distributor froze commissions. Lucky claims it is owed around £80,000 in commissions outstanding, a figure EBS disputes.
http://www.mobiletoday.co.uk/artman-test/publish/article_869.shtml
Box breaking fiasco rages
Distributors are scrambling to shield themselves from contract box breakers as Anglia Telecom edges closer to footing a £300,000 clawback bill from 3, triggered by a retailers export of handsets. Anglia is also negotiating a disputed £83,000 commission payment to Lucky Technologies, a Brighton-based dealer accused of box breaking.
Lucky's solicitor, Rajendra Mashru, claimed several major distributors have insufficient guidance in their terms and conditions on contract box breaking to withhold commissions.
Lucky owner Howard Suryaatmadja is alleged to have sold Sim-only 3 contracts and hundreds of high-value 3G handsets in Singapore on a weekly basis since the start of the year.
EBS amended its terms and conditions recently in response to the Lucky affair, and several distributors are believed to be looking to make similar changes.
Mashru said most distributors had failed to provide dealers with adequate information regarding the operators terms of marrying specific Sim numbers with specific IMEI numbers. They have not told us that the terms and conditions ... are the same as those from the networks, he said. In their own terms there is nothing stopping us buying back the equipment. They dont have anything stopping us [from reselling contract handsets].
Mashru also claimed that any such clauses would fall foul of the laws.
One distributor chief admitted that individuals intent on box breaking would take comfort if distributors and operators were found to be powerless in tackling contract box breakers. But, he added, the law was unlikely to come into play, as distributors would not want to sully their relationships with operators. Similarly, dealers would not want to attract reputations as box breakers as no distributor would be willing to trade with them.
Anglia declined to comment. A spokesman said: It is a matter for our lawyers at this stage.
Separately, Luckys solicitor has threatened to issue a winding up order on EBS this week after the distributor froze commissions. Lucky claims it is owed around £80,000 in commissions outstanding, a figure EBS disputes.
http://www.mobiletoday.co.uk/artman-test/publish/article_869.shtml