The cause - "El Puente Licores"
In April of 2001 the salesmen Vicente Lopez from Casanay, Venezuela ordered from Mullner and McLane C.A., the importer of the Warsteiner Brewery in Venezuela, two container of Paderborner Pilsener in 0.33 lit. cans. The beer was shipped by the Warsteiner brewery in July 2001 to Venezuela. To the customer it was delivered at the end of November so his plans of a good business for the Christmas season failed. First he had to introduce the new product to his customers and deliver samples.
In February of 2002 he got the first complains of some customers. The beer-can was rusting because it was made of sheet metal and not of aluminum, like it is normal for tropical regions.
After the complaints increased he informed the importer in Venezuela and the factory Warsteiner in Germany. He also sent a rusty sample on 23.03.2002 to the factory.
The answer from the Warsteiner Brewery came after some queries with the explanation, that the importer will deliver the result of the investigation. Since the importer did not reply again Mr. Lopez checked with the factory. Their answer: the product (beer) is in good condition. That was correct - but what is with the can?
They did not explain how someone can
sell a good product in a rusty can?
The factory referred again to the importer, the company Mullner and McLane in Porlamar, Isla Margarita, Venezuela.. After further investigation it turned out that the company Mullner and McLane is bankrupt !!
Next, Mr. Lopez went to the ministry of public health in Caracas, who had given the certificate of health for this product, to cancel this certificate. They explained to do so, they had to have the whole rest of the merchandise at their hands. This process should raise expenses of 3.000.000,- Bolivares (about 4.000,- US$). Since Mr. Lopez did not have this money to spare he asked a local lawyer for advice. His advice was to get in touch with the factory again for an agreement.
Again the customer sent some Emails to the factories export division. Their answer was the same like before: "get in touch with the importer" and "we are not in charge". In this way the brewery Warsteiner got red of the case.
Also the involvement of a lawyer in Germany had a frustrating result. The factory responded with an remark to the German law of products.
Excerpt from the letter of the Warsteiner Brewery to the German lawyer (2003/03/12)
"Even if the cans should be faulty, your mandate has no legal claims according to the law of products, because neither his life nor his health nor any matter was harmed by the product of Paderborner Pilsener. Your mandate is free to claim any thing from the importer Mullner and McLane in Venezuela."
Not one
word about meeting halfway, possibilities of regulation or an apologize!
Fact is that the can of the product Paderborner Pilsener made out of sheet metal is not appropriate for a tropical region. The producer of this product, the company Warsteiner should have been aware of this. As far as we know not one more can was shipped to Venezuela after this complain.
Outcome: a little businessman in the third world is facing ruin because the world wide operating company Warsteiner, who spends millions of dollars for sponsoring also in Formula One car-racing, does not admit her mistake.
But they hide behind her importer. ... and we are only talking about 70 to 80 thousand US$.
Bad
luck - from the importer is nothing to get............. BANKRUPT !!!
Now the poor buyer has worked the last 20 years for nothing and lost almost his whole business. The only thing he got left are 3.500 cases of beer in rusty cans. Unfortunately merchandise nobody will buy because it looked after seven month like the picture below and on top - the date of consumption has expired:
AGAIN: Would you buy or drink this beer ?
For the Warsteiner Brewery it is good merchandise !