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digginstony Super WRT Addict

digginstony

Posted
Posted

Point taken Willfly but a watch is not a living creature. Just to muddy the waters. Rotary "Outsource" some manufacture of there core watches and as such may lead to a different definition. To reiterate though. Omega do not "Outsource " Therefore a watch constructed from parts that cannot be verified by the manufacturer, must be considered "Counterfeit " a watch constructed from all original parts is a non factory " Composition " watch. The value of such would probably not justify the construction of said watch and to sell the watch as an original may well be considered fraudulent.

Tony

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Geo Distinguished Member

Geo

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Posted

No Will, your point is a good one. Like everybody else. Problem with high end watches, people are buying into a dream or concept. In terms of function does a high end watch justify the cost? I doubt it.

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Omega are not a high end watches, like Rolex they fall into the luxury category. ;)

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frenchie Distinguished Member

frenchie

Posted
Posted

Good topic!!!

 

My perspective: Is it assembled by the manufacturer (did Omega build your Omega watch)? If yes, it's an Omega. If you buy all the parts and assemble your own, you have a watch with all Omega parts but not a "real" Omega. One is an Omega assembled Omega, one is an assembly of Omega parts. The original one comes with a warranty, a serial number and a history (Omega's "signature"). You pay for that. The one you built has none of that, and for some people, it matters.

I agree that the end product is very close to being the same, but not exactly. 

 

Which brings up the point about repairs. If you have an original Omega and you fix a part (NOS part), is it less of an Omega? No, and you can't tell (unless the part happens to have a unique marking, most don't)

To take the argument further, after a simple clean and oil, is your Omega still original (you don't use the exact same oil Omega used originally, even if all the other mechanical parts are the originals)? Of course you do, and nobody would be able to tell!!! However, if you sell your assembled "Omega" as an Omega, it's counterfeiting. Sell it as a watch made of Omega parts, you're fine.

 

For cars, most parts have serial numbers and a brand, so in theory, you could tell if a car is all original or not. I replace some of my car parts by myself, and often by replacement parts that are not branded with the car brand, or "signature" (hyundai). When I sell my car, will I advertise it as a Hyundai or not? Of course I will!!

 

Another example. You buy a reproduction of a painting: it's the exact same as the original. Same dimensions, same picture... It's still a reproduction even if you painted it yourself and used the exact same canvas, paintbrushes and paints as the original!!! Your missing the signature, and it's worth a lo of money to some people. Add the signature, and sell it as an original, and all of a sudden, it's a counterfeit.

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stroppy WRT Addict

stroppy

Posted
Posted

If I went from this:

348902-thumbnail.jpg

to this:

Holden-48-215-_1_.jpg 

 

 

by restoring every part with original NOS items and as much of the original shell as possible it will still be a 48-215 Holden whether it rolled down the production line at the Fishermen's Bend factory in Victoria or out of my garage in the suburbs 60 years later.

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digginstony Super WRT Addict

digginstony

Posted
Posted

What you have is a beautifully restored Holden. If you could aquire all genuine parts and started to build Holdens in your garage and then sell them. Well in England you would certainly find yourself in serious legal trouble. Most manufacturers

protect their logo and brand.

Love the car.

Tony

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stroppy WRT Addict

stroppy

Posted
Posted

What you have is a beautifully restored Holden. If you could aquire all genuine parts and started to build Holdens in your garage and then sell them. Well in England you would certainly find yourself in serious legal trouble. Most manufacturers

protect their logo and brand.

Love the car.

Tony

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I wouldn't sell them if I restored them...I'd keep them.  I'd have to by a **BLEEP** big barn though! :D

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digginstony Super WRT Addict

digginstony

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Posted

Bet BMW would react if they started making up bikes in numbers. A one off wouldn't justify the litigation costs. If the bike failed in some mechanical aspect. BMW wouldn't touch it with a barge pole, and would have no legal obligation to do so, as it's not one of their's.

Tony

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jdm Distinguished Member

jdm

Posted
Posted

. Just as if you sold a watch in mint condition and the buyer received the item with a scratch on it. The buyer would be entitled to a refund under the "Sale of goods act 1974

Beside the act is from 1979, note that it only applies to transactions in the UK, and for aspects related to description it only applies when the seller does that "in course of business".

Section 14 states that terms are implied about quality and title and are only relevant where the seller is acting in the course of a business. There is no requirement as to the status of the buyer

https://en.m.wikipedia.org/wiki/Sale_of_Goods_Act_1979

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digginstony Super WRT Addict

digginstony

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As can be seen. The consumer rights act does much to close loops holes of injustice under previous law and deals with the sale of second hand goods by people who do not necessarily earn a living from said practice. The onus is totally on the seller to describe the article accurately. And mint condition would mean exactly that!

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