Got an interesting letter from the RCMP today

[rjmack]

This affects a limited number of Canadian customers...from 2010-2012 I believe, and all affected customers were sent letters. Actually rjmack, I am glad you posted this. I'll forward a release from Everlast Canada when I get it. It should outline that things as well, and a good point to show that things change as we and they have grown. As far as the dangers, anyone can get shocked from a welder...I know I have from all the brands. I haven't seen the letter myself, so can't comment on any specific comments. Everlast Canada is committed to working with the customer, I do know that.
As far as Scooby's comment, no, no one has been banned that I know of, and it was just recently posted up in our forum as this is a new release. This is something he is making up. The thread has not been taken down or locked, and is open for further discussion. In fact Duncan at Everlast Canada has just returned from the factory and is addressing this since he was at the factory during the release. As usual flaming the thread though. Welding Forums - Everlast Power Equipments Inc

Canadian laws are different...and it was indeed a production error from the factory that has been rectified. If it were an immediate issue, would it take 2 years for a letter like this to be generated or would it be voluntary? (My thoughts, not an official one)


Possibly Duncan may reply here himself, but they are taking care of things with each customer on a personal level if they want to call in and discuss the issue.

Hello Mark,

This affects a limited number of Canadian customers...from 2010-2012

I believe the "limited number" refers to ALL Canadian customers for a time period in excess of 2 years.

and all affected customers were sent letters

we were sent letters from the RCMP, not Everlast.

I haven't seen the letter myself, so can't comment on any specific comments

I provided a link to a picture of the letter in the first post.

Canadian laws are different...and it was indeed a production error from the factory that has been rectified.

this quote from the RCMP letter,

The investigation determined there were counterfeit CSA certification marks affixed to the above noted models of Everlast welders

fraud is fraud, somebody at Everlast made a conscious decision to deceive customers, in contravention of laws that are very similar in the United States and most of the civilized world.

If it were an immediate issue, would it take 2 years for a letter like this to be generated or would it be voluntary?

The RCMP are known for their thoroughness, who knows how long Everlast stonewalled them before finally providing the required information?

Possibly Duncan may reply here himself, but they are taking care of things with each customer on a personal level if they want to call in and discuss the issue

nobody from Everlast has contacted me, and I suspect the reason you would suggest this be resolved on an individual level is to avoid the repercussions of a class action.

from your original post,

Things were tested but it was not through the listed agency.

that didn't stop Everlast from counterfeiting the labels to suggest that they were tested by the appropriate (trusted) authority.


I would think that you can arrange for us to be sent cheques for the full purchase amount, or, I expect, there will emerge a group of people who don't really give a **** what happens to you or Everlast... a very litigious group indeed.

 

[rjmack]

here is another copy of the letter, hopefully this is a little easier to read.

 

[Rock knocker]

By offering a 10-50% discount on new machines, the company is probably trying to limit their exposure to lawsuits. If Canada, Worksafe and the CSA is anything like the US (which it is), any machine used in a professional setting would have to be UL (CSA) listed. Because companies bought the machine assuming there was a valid safety rating on the machine, courts could very well find that the defendants are liable for upwards of 100% of the cost of the machine.

I would suggest to the OP, that instead of taking what the Everlast offers, you sue in small claims court. Your claim would be for 100% of your purchase price plus any cost to you, and you should make it clear that you (yourself, wife, employee or child) do not want to use a potentially dangerous machine that does not comply with the safety requirements of Canada.

 

[jaotguy]

OK ... just to see if everyone is on the same page .... one wants a full refund , the company is offering a discount on a new machine ....

why don't they just "phone" each other and discuss it .... rather than here .....

the non certification might be something as silly as the wrong color wires in the power cord ( I've seen sillier things ) and not a true hazard.

The RCMP ( our big brother ) is just following the letter of the law blindly ( and correctly, without bias ) , the factory may have substituted or skipped a process when building for Everlast ....

Lada built cars for Canada for years ... then out of the blue , they sent customers "reflective strips" to put on the tail lights to make them "legal" in Canada ....

Ford substituted sub standard bolts in the front ends of some cars , leading to the cars falling apart .... someone on the assembly line screwed up.

the point is ... everyone makes mistakes ... the professionalism is how they handle it... let the 2 work it out and get back to us on the result .

 

[jaotguy]

BTW ... here in Canada , the law just states that you can't use ( plug in ) a unit that is not certified. ... if you build something yourself, the same law applies .... technically , you can't plug it into the wall outlet. If it is powered by a generator ( not regular hydro from the grid ) the law doesn't apply.

 

[bcp]

Concerning the welder itself:

Are the welders proven to be unsafe,

or are they not proven to be safe?

Bruce

 

[Rock knocker]

BTW ... here in Canada , the law just states that you can't use ( plug in ) a unit that is not certified. ... if you build something yourself, the same law applies .... technically , you can't plug it into the wall outlet. If it is powered by a generator ( not regular hydro from the grid ) the law doesn't apply.

How is a house connected to the grid then? The house isn't CSA

 

[Furu]

here is another copy of the letter, hopefully this is a little easier to read.

As much effort as you are putting into this thread could you provide a READABLE copy of the letter.

Your initial effort/post did not provide that copy and this effort while better still does not provide a readable letter that can be read and seen what the RCMP letter truly says. While some parts are barely readable the letter does not stand on its own as the legibility is so poor.

Please try to provide a readable copy of your described letter so we can all read it clearly and without trying to interpret hen-scratches and smudges.

 

[Reverser]

the point is ... everyone makes mistakes ... the professionalism is how they handle it... let the 2 work it out and get back to us on the result .

It really doesn't look like an innocent mistake to me.
The letter from the Mounties indicates that Everlast deliberately placed CSA certification stickers on uncertified machines. My guess for the reason being that certifications are expensive.

As for safety, they are probably the same machines that we have in the US. They didn't mention a particular safety problem with the machines other than not having the Canadian certification.
I thought it strange that at first the letter mentioned Everlast had agreed to a recall and then said Everlast had made the 10% to 50% offer on their new machines, and then mentioned to throw them away.

If I had bought one of their machines a couple years ago, and then was told to toss it because of safety reasons caused by them, I wouldn't be a happy camper either. Especially if it were one of their $1000 plasma machines.

 

[rsallen]

Yeah, I'm watching this with some interest as well.
As a disclaimer I do not nor will I ever own one of Everlast's products. I do not willingly buy anything made in China.
That being said, it would do more then just put me off if I was told my welder is only worth scrap value to 50% toward a new machine after buying in good faith from that (any) company. I wouldn't care what kind of lame excuse they came up with.
Their choice from my end would be rebuild the machine to standard or trade straight it for a to-standard machine of equal capabilities. Simple.

After that life gets complicated for everyone.