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Geek Culture / selling computers

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Phaelax
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Posted: 15th Feb 2007 01:33
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No, im not posting a listing here. (i learned my mistake once)

If I was to sell computer systems under my own registered company, do I need any type of licenses or agreements with manufacturers? Like if I sold every system with BenQ monitors and perhaps they had an agreement where selling their products means I can't sell a particular rival.

I know guitar distributors have to get an agreement from Fender or Gibson before they're allowed to sell their stuff.

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Kaurotu
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Posted: 15th Feb 2007 01:43
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That's how business works. They have to make profit too. Hardware isn't Open Source!


"Hey, It compiles! Ship it!" - Microsoft Development Team
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Phaelax
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Posted: 15th Feb 2007 01:48
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So someone like Dell has to get permission from maxtor, asus, microsoft....?

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Kaurotu
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Posted: 15th Feb 2007 01:54 Edited at: 15th Feb 2007 01:55
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Oh yes.

EDIT: They usually have to pay a lot of money too.


"Hey, It compiles! Ship it!" - Microsoft Development Team
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Steve J
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Posted: 15th Feb 2007 02:24
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@Kaurotu: Uhhh no, I think your mistaking contracts with normal buying stuff. Dell has contracts to only use one processor type, ect. As far as I know you dont need a contract...

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Matt Rock
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Posted: 15th Feb 2007 05:02
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No, you don't need any sort of contract whatsoever to re-sell hardware from other people, unless they have some form of EULA that says otherwise. Big corporations like Dell and HP have contracts with hardware vendors so they exclusively sell their hardware with said company... and usually it's the hardware vendor who pays the PC-making company. But I wouldn't get my hopes up to land a deal like that, not unless you can manage to push, I dunno, 50k units a year? Something like that . For instance, I know a lot of Dells were sold with Trinitron monitors (like my girlfriend's Dell). Chances are Sony was paying Dell to ship Trinitrons with Dell PC's exclusively, throughout the term of the contract anyway. But again, the likeliness of you signing a contract like that without having a lot of selling power are, well, I would say "slim to none" but I'm sure it's safe here to say "none." At any rate, read through the paperwork that comes with the hardware in question. If it doesn't say "don't resell this or we'll sue you," it's safe to sell your heart away.

(And no, it won't say that word-for word I'm not setting someone up for a joke that easily!)


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Phaelax
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Posted: 15th Feb 2007 05:32
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I'd likely be the only person building the machines, so 50k beyond physically possible. If I do 1-2 a month I'd be happy.

But I would need a contract to take a Trinitron and put a Dell (or whatever) logo on it?

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Hobgoblin Lord
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Posted: 15th Feb 2007 07:48
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You don't need any special license to sell any such product, you can assemble to your hearts desire.

Quote: "But I would need a contract to take a Trinitron and put a Dell (or whatever) logo on it?"


This is a whole different story, if you mean put a sticker/emblem on the product with your company name (like car dealerships do) that would be fine. If however you mean to pass the product off as specially made for your company or to remove the other companies name altogether then yes you would need a special contract for that.

Quote: "I know guitar distributors have to get an agreement from Fender or Gibson before they're allowed to sell their stuff."


Yeah these come down to a commitment to purchase x number or units per month/year regardless of what you sell. We dropped Fender from our store when they wanted to ship 15 units a month (mid 80's very few except Yngwie fans wanted Fenders).

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Grog Grueslayer
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Posted: 15th Feb 2007 08:01
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A long time ago I called Seagate to order harddrives from them directly. The guy I got was real nice and asked me one simple question "Does your company have 1 million dollars in sales every year?" Sadly I never reached that goal to order from them directly.

If you build frankensteins the only logo that needs to be on it is your own companys logo. You don't want to sell them under any other name because you'll open yourself up to lawsuits. If you buy parts with logos already on them don't try to take them off or you'll also open yourself up to lawsuits.

This is a computer you built... why give another company credit?

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Kaurotu
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Posted: 15th Feb 2007 23:49
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What I meant was: I don't think Dell can slap a "Designed for Windows" sticker on their computers and sell them without getting permission from Microsoft.

And I'm not a business exec, but I do think you have to pay some kind of money in return for making a profit yourself off someone else's product. Say for example, Wal-Mart has to give to profit to Dell if they sold a Dell computer in their store. You can't get away with it scott-free.

Maybe I read Phaelax's post wrong, but since most people disagree with me, I'm wrong.

Good luck.


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Matt Rock
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Posted: 16th Feb 2007 22:09
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Quote: "And I'm not a business exec, but I do think you have to pay some kind of money in return for making a profit yourself off someone else's product."

You already did pay them "some kind of money." It's not like AMD is handing out processors at the door. You paid for the hardware, and you more than likely paid retail for it. AMD, Creative, ATI... they already have your money. If you go an re-sell it, more power to you. I don't think putting stickers on the case is mandated by anyone. Unless you're saying "I bought breadboards from Radio Shack and built this video card by my lonesome" then I doubt you'll have any sort of legal battles to deal with.


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Grog Grueslayer
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Posted: 16th Feb 2007 22:21
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I don't think your wrong. They probably had to do some serious negotiations to get good deals on installing Windows in every computer at next to no cost to Dell... with the stipulation that they had to put stickers like that on the computer.

Its like that with every business... even grocery stores. We give you so many units at such-n-such price but only if you put our product right next to the cash register.

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Matt Rock
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Posted: 16th Feb 2007 22:46
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But my point is, I don't think it's mandated in any way. Phaelex isn't going to be selling thousands upon thousands of units, he's just doing a few PC's each month, so I highly doubt any hardware or software companies are going to mandate him to put a sticker on his cases.


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indi
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Posted: 17th Feb 2007 08:17
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Depends on the brand.

You need to register to be an authorized apple reseller as well as a dell partner, but only for new machines.

2nd hand parts and 2nd hand equipment are usually fair game.

However your country and state laws might have some weird nuisances.

And if you dont have the right contract agreement in place when you sell it, there might be issues with customers returning the product.

Look at your local governments website and download the PDF like in my country regarding specific issues of that nature.

Be careful as well you don't start a "sole trader" business instead of a company and make all your previous equipment liable for litigation if someone goes at you through the law.

even your dirty socks can be sold off to pay the debt if you take that creaky road.

If you are a real company and not a sole trader, the definition of your company will allow you to buy parts wholesale in multiple units and you can pass on the costs of import tax etc plus GST.

depends on our countries laws and requirements at the end of the day. You should have your States Gov website bookmarked or at least the whole website cached on your system.

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Phaelax
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Posted: 17th Feb 2007 16:42
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If I really get serious about this, then I'll most likely do a limited liability. A friend of mine's sister is starting a tshirt company. Her lawyer said register the company name, get a business credit card, and buy everything you use with that card. And don't take anything for free, including the web site design which would be done by my friend and I anyway. I've heard horror stories of ppl with sole responsibility, not good at all.

There's a local shop in town I use a lot and they're real good about helping out little guys like myself. If I need cables or something generic they'll usually just give it to me without charge.

I won't be selling any Apple stuff, every Apple retailer has to sell at the same price.

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