Registered: Nov 1999
Location: Kansas City, MO
Posts: 7

Just a little legal-ese from an attorney on-line --(note, that I am not giving advice!!!):
1. CSR are HS's agents, therefore, HS is legally bound by whatever promises / statements are made by CS.
2. It is probable that the promise to give 5 free styli is a legally binding one. (If I don't receive mine, I plan to file an action in small (about 3in X 1/16 in.) claims court.

That's all for now, but I'm sure as my saga continues, I'll think of more.

p.s.- I am not litigious. In fact, I have tried to be really courteous to the CSR's, but my patience is running thin, and I'm afraid that the only way to get HS's attention may be through legal action.

Registered: Nov 1999
Location:
Posts: 25

Please explain how the unconfirmed rumor of a free stylus five pack constitutes a binding contract between myself (ordered 10/13) and Handspring. Certainly doesn't sound like one to me...and sure doesn't seem worth the small claims hassle either.

Just askin'...

Registered: Nov 1999
Location: Dallas, TX, USA
Posts: 26

rsbaran -
I'm not a lawyer either, but how can a verbal addendum be binding? most contracts I've seen require the binding statements to be in writing. The only written documents we have are from HS' website. You agreed to purchase the item for a specific price. That item was not offered to you with the styli. How can you claim that you are not getting what you agreed to receive for what you agreed to give ($249?) Did you hear a specific CSR make the offer of free styli or is it an unsubstantiated rumor/hearsay?

I believed the rumor, too, and checked my package for the styli when I received it the day after the rumor appeared. But I'm not crying, I got what I ordered for the price I offered to pay.

Registered: Nov 1999
Location: Kansas City, MO
Posts: 7

I've thought about this one and this is my analysis-
1. CSR made the offer to me. I heard about the "rumor" after it happened.
2. Oral contracts may be binding. Harder to prove, but binding.
3. In order for a contract to be binding there must be a promise and consideration for that promise. In most cases, a promise made after the original contract is not binding. If you have already agreed to buy 3 apples and the seller says, "hey, I'll throw in another one because I like you." You can't sue for the forth apple if he decides to renig. However, if there is a modification of the contract, the new promise may be binding. Hypothetically, if I said that I was planning to cancel my order and the guy said that he would give me an extra apple to go through with the contract, there would be new consideration for the new promise, i.e. refraining from exercising a legal right (the right to cancel a contract upon breach of its orginal terms (4-6 weeks delivery time)).
4. Small claims court is very easy to use and a lawsuit does not always need to go to final adjudication to render a positive result.

I'll probably keep quiet from now on- don't want to open any cans of legal worms for which I didn't bargain.

Thanks for the discussion.

Registered: Nov 1999
Location:
Posts: 25

Thanks for expanding...food for thought.