I disagree with this falling under the "unordered merchandise" laws. For sake of arguement, let's say the Subscription Agent did submit a number of renewals for libraries but they didn't pay for them and declared bankruptcy. In that case, the Publisher has a valid order for the merchandise, but they weren't paid for it. The issues the Library receives are "extended credit". Now, the Library asks for another year's worth of issues, I can easily understand the Publisher saying, "OK, but you owe us 9 issues you didn't pay for, so the total sum you get will be 9 issues less." I do agree that it is tacky, but I don't think it is illegal. J. J. Shore MEDLINE Quality Assurance National Library of Medicine Bethesda, MD, USA shorej@cablespeed.com On Wed, 22 Sep 2004 15:21:18 -0400 "DuBose, Stefanie" <DUBOSES@MAIL.ECU.EDU> wrote: >Hey Jeanette, > >To me, if the title was not ordered, regardless of how >the publisher describes it, the charge should not be >paid. So yes, I'd think that it would fall in the same >realm of those other headache-inducing 'standing orders.' > >Stefanie > >Stefanie DuBose >Head, Acquisitions >Academic Library Services >East Carolina University >Greenville, NC 27258-4353 >(p)252-328-2598 >(f)252-328-4834 >duboses@mail.ecu.edu > > >-----Original Message----- >From: SERIALST: Serials in Libraries Discussion Forum >[mailto:SERIALST@LIST.UVM.EDU]On Behalf Of Skwor, >Jeanette >Sent: Wednesday, September 22, 2004 2:56 PM >To: SERIALST@LIST.UVM.EDU >Subject: Re: [SERIALST] How not to win friends and >influence people - >Traffic World > > >***An update - I called Deborah Blok, the Customer Care >Supervisor at >Commonwealth Business Media, on this; she is the person I >quoted below >stating that the 2003 graced issues were subtracted from >our 2004 >subscription. She was quite adamant, but later consulted >with the >Director of Circulation. The upshot is they will not >correct the >subscription dates; this is "Standard Policy in the >publishing industry" >and they are standing firm. "All they can do" is see to >it that issues >are not graced at the end of our current subscription >period, which also >means we will not receive any renewal notice. (I'm not >sure how that >follows, but it's what I was told.) > >***I find it interesting that they, as well as I, use the >term "graced >issues". Apparently Commonwealth Business Media uses a >different >dictionary than we have here at the library, to define >"grace". > >***Has anyone dealt with this before? I have to admit in >eleven years >on the job, it's a first for me. Don't "graced issues" >fall under the >law regarding unordered merchandise? > >Jeanette L. Skwor >Cofrin Library >University of WI-Green Bay >(920) 465-2670 > >"Libraries will get you through times of no money better >than money will >get you through times of no libraries." > Anne Herbert, The Whole >Earth Catalog > > > > >> _____________________________________________ >> From: Skwor, Jeanette >> Sent: Wednesday, September 22, 2004 8:10 AM >> To: Serialst >> Subject: How not to win friends and influence >>people - Traffic >> World >> >> Or, at least, not influence them to any respect towards >>you - >> >> Traffic World was one of our subscriptions affected by >>the divine, >> Inc. bankruptcy. They did not sign the PPA and made no >>promise to >> grace the issues. However, though our paid subscription >>expired with >> the Sept. 3, 2003 issue, they did send 9 more issues >>before they >> stopped. >> >> We could not afford to pay twice for the majority of our >> subscriptions, and so a certain number of them that were >>not graced >> just had to be allowed to lapse. Traffic World was one >>of those >> titles. >> >> Now we're well into 2004, a new vendor, and new >>subscriptions. We >> requested renewal of Traffic World to begin with Sept >>2004 and run >> through August 2005, and we did get, for our first >>issue, the Aug. 30, >> 2004 issue. However, the expiration date shown on the >>label is June >> 13, 2005. >> >> I contacted our vendor. >> >> I just received the response - Traffic World informed >>them that they >> had graced us 9 issues on our previous subscription and >>have >> *subtracted* those graced issues from the current >>subscription, to wit >> - "The subscriber is due 51 issues, this number includes >>the nine >> issues that were graced in 2003." >> >> My take on it: "Let's see - we'll grace these people >>just in case >> they are planning to renew but their renewal is delayed, >>and if they >> are dropping us forever we'll take the loss. However, >>if they do >> renew eventually, we'll stick them for those freebies. >> That'll teach >> 'em." >> >> Yup, I'm taught. And of course I will contact them and >>protest. But >> I also thought this is one of those new and unique >>marketing ideas >> that needs to be shared with other serialsters. >> >> Jeanette L. Skwor >> Cofrin Library >> University of WI-Green Bay >> (920) 465-2670 >> >> "Libraries will get you through times of no money better >>than money >> will get you through times of no libraries." >> Anne Herbert, The Whole >>Earth Catalog >> >> >>
