Just got this email from CousinsUK



Cousins and Swatch head to the Courts
An announcement from Anthony Cousins, Managing Director
All those involved in the Independent Repair Trade are being seriously threatened by the parts embargo by Swatch. Cousins customers will know that we have been very active in fighting to restore supply. Cousins is currently vigorously engaged in court proceedings against the Swatch group which is trying to challenge Cousins’ allegations of anti-competitive conduct.

The last 18 months have been an incredibly steep learning curve for me. I have had to learn far more about Competition Law than I ever imagined the owner of a small business would need to do. Engaging and working with major international Law Firms, and getting to grips with judicial processes in different jurisdictions has also added to the load.

Initially, Cousins attempted to have this matter examined in the European Courts by requesting permission to become an Intervener in the on-going case between CEAHR and the EU Commission. Unsurprisingly, the Commission objected to this idea, and despite an appeal to a higher court, our application was unsuccessful. At the same time as this process was taking place, I have been very active with the Industry Action Fund, including attending a meeting at the Department of Business, Innovation and Skills, which in turn led to a referral to the Competition and Markets Authority.

As our understanding of the Law and how to implement it grew, it became very clear that direct legal action was the necessary way to resolve this matter, and once we had exhausted all opportunities to be an Intervener with CEAHR, our London lawyers sent the required “Letter Before Action” to Swatch Group warning them that unless they restored supply, we would issue proceedings against them in the English Courts.

Swatch decided not to face us in an English Court, but instead launched their own action against Cousins in a Swiss Commercial Court, in an attempt to have that Court declare that they have not broken competition law. Cousins has engaged the services of a highly reputable Swiss Law Firm, and we are now preparing our response to the Court. We hope that the Independent Repair sector will take heart from our efforts, and give their support in gathering the industry and consumer information that will be needed.

Anthony Cousins
Managing Director, Cousins Material House Ltd.
[email protected]

 

Par for the course for a 21st century SME, unfortunately. Good luck to them, and I mean that in both the heartfelt and in the cynical sense...

 

As a gesture of support, we should endeavor to purchase parts from Cousins whenever possible.

 

+1000 !

 

I would but they seem to not be able to get Omega parts...

 

I do truly wish them luck - the only people sure to profit are the lawyers...

 

Ain't that always the way?

 

Just bought some endlinks from Cousins... will buy more.

 

Firstly, I have bought from Cousins and have always found them price-competitive and providing good customer service: the business deserves to prosper. We (automotive manufacturers I worked for) used to operate very restrictive policies on the supply of parts and technical information to retailers outside the franchised network. It became a matter of obstinacy eventually, as some independents offered better service than the appointed dealers and our refusal to help them alienated many otherwise brand-loyal customers. The 'rules' we operated were only possible because of European-wide Block Exemption measures which were finally scrapped and this in particular freed-up the flow of service information. Interestingly, although we resisted the idea of change, when it came to it the franchised dealer network did not suffer any significant loss of business and many customers benefitted from improved fault diagnosis and repair techniques from their 'local' garage, reinforcing brand satisfaction and likely repeat purchase - so everyone was happy. Be nice is something similar could happen with the watch industry.

 

Yes I was, but also keep in mind that the number of parts you order (compared to what I do) would be extremely small. I'm pretty confident that the selection of parts I use in a year would not be covered by what Cousins has now, and certainly won't as time goes on and their stocks are depleated. Even if it was, the price premium over what Omega charges is pretty horrendous - about double what I usually pay.

Yes I have an account and have used them on occasion when desperate, just like I would Otto Frei...but only if I'm desperate. Customer service is not great - no way to contact them, no sending parts back (no matter who makes the mistake), and if the shipment gets lost in transit, they are of zero help.

I understand for those who have no choice they offer parts you can't get anywhere else, but they are a prime example of why competition is needed in my view.

Cheers, Al

 

While I wish Cousins well in challenging Swatch's anti-competitive parts and movements policy, perhaps it would serve Cousin's right if someone took them to court to challenge the legality of their questionable returns policy. The policy being that there are no returns or refunds under any circumstances.

 

Does anyone think that the issue of parts availability will effect the value/price of vintage watches?.
I have a tent trailer (aka pop-up trailer). The manufacturer of my trailer, Coleman, went out of business so parts availability became problematic and consequently prices fell.
Now I know Omega is going nowhere, but as prices for parts climb, won't this have an adverse effect?.

 

I dont know what issues you have encountered but I've had to return incorrect parts to Cousins as well as them once supplying an empty tube which should have had a seconds hand in it. I never encountered any issue with them, had good correspondence with them and all was sorted out with no cost to myself.

 

Was this in the last few years? If so, just how did you do it? There is no facility to make a return on the website and if you call them to complain about either faulty goods or even items never received they point you to a webpage which states returns or refunds are not entertained. There is a string of recent complaints on other forums such as TZ and TWF about this. The most recent is where a guy paid about £75 for an out of stock item, turns out they are unable to supply and have refused to return the money. After supplying nothing. Unbelievable but this is really how they operate at the moment. If you think I am exaggerating, note Archer suggests there are returns issue above. Doesn't sound legal to me, regardless of weasel words about being trade only. Even trade to trade should recognise basic contract law.

 

Yes this was in 2014 and 2015. Once you have made an order, these orders are then available in My Orders in the My Dashboard part of their website. In My Orders, there is the option to return any items and create a returns / order issue request.

 

Try selecting faulty or basically any option at all. It simply says no returns allowed.

 

Thats true but if I select Supplied Incorrectly then I can return the item

 

Here is faulty, how is this even legal? Have you actually tried 'supplied incorrectly' lately, as I say, there are plenty of detailed reports from people I know and trust elsewhere saying that they will reply to a request like yours by pointing you to the same terms and conditions on their website. The example I gave above where they took the money then refused to refund when there was no stock incoming is astonishing is it not? :