您的問題其實相當的麻煩,因為廠商提供不實的資訊造成您業務上的損失,在法律上是可以有求償的空間,但是問題在於您是透過經濟人向代理商購買這些產品,如果是因為 NSF 商標標示不實導致您的損失,這就相當的麻煩,因為如果您能證明代理商在明知道這個標示不實的情況下仍然將產品賣給您,意圖魚目混珠,那麼您應該有一個好的案件(False Advertising)來要求代理商負責賠償您的損失. (但是這個指控,舉證,與證明的責任都在您,大概很少有代理商會自動承認這樣一個情況)
相關資料在這裡
CONSUMER PROTECTION FROM DECEPTIVE ACTS AND PRACTICES General Business Law Section 350.
S 350-a. False advertising. 1. The term "false advertising" means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising is misleading in a material respect. In determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertising fails to reveal facts material in the light of such representations with respect to the commodity or employment to which the advertising relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual. For purposes of this article, with respect to the advertising of an employment opportunity, it shall be deemed "misleading in a material respect" to either fail to reveal whether the employment available or being offered requires or is conditioned upon the purchasing or leasing of supplies, material, equipment or other property or whether such employment is on a commission rather than a fixed salary basis and, if so, whether the salaries advertised are only obtainable if sufficient commissions are earned. 2. An employer shall not be liable under this section as a result of a failure to disclose all material facts relating to terms and conditions of employment if the aggrieved person has not suffered actual pecuniary damage as a result of the misleading advertising of an employment opportunity or if the employer has, prior to the aggrieved person suffering any pecuniary damage, disclosed in writing to that person a full and accurate description of the kind, character, terms and conditions of the employment opportunity. 3. It shall constitute false advertising to display or announce, in print or broadcast advertising, the price of an item after deduction of a rebate unless the actual selling price is displayed or announced, and clear and conspicuous notice is given in the advertisement that a mail-in rebate is required to achieve the lower net price. S 350-b. Disclosures required in advertisements using the title "doctor". 1. Any person who uses the title "doctor" in making representations for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of (a) drugs, devices or cosmetics, as defined in section sixty-eight hundred two of the education law, or (b) other goods or services intended to diagnose, treat, mitigate, prevent or cure any human disease, pain, injury, deformity, nutritional deficiency or physical condition, or which are intended to appear to the purchaser of such goods or services to have done so, shall conspicuously disclose the profession in which he or she is licensed, except that, where no license is required by the department of education, such person shall conspicuously disclose the major subject in which the degree was earned and the name of the institution that issued the degree provided, however, that such person shall be prohibited from using the title "doctor" unless the degree was conferred by an institution of higher education authorized by law to confer doctoral degrees in the state where it is located. For the purposes of this section, "conspicuously" shall mean equally in size, type or prominence and positioned adjacent to the title "doctor". The requirements of this subdivision supplement, and shall not be construed to limit, the obligations of health professionals pursuant to the education law and regulations thereunder, nor shall they be construed to authorize the practice of any licensed profession nor the offer of professional services by any unlicensed person. 2. In addition to any civil penalty available under section three hundred fifty-d of this article, whenever there shall be an actual or threatened violation of this section an application may be made to a court or justice having jurisdiction to issue an injunction, upon notice to the defendant of not less than five days, to enjoin and restrain such actual or threatened violation; if it shall appear to the satisfaction of the court or justice that the defendant is in fact assuming, adopting or using such title or is about to assume, adopt or use such title and that the assumption, adoption or use of such title may deceive or mislead the public, an injunction may be issued by said court or justice enjoining and restraining such actual or threatened violation without requiring proof that any person has in fact been deceived or misled thereby. S 350-c. Notice of proposed action. Before the attorney-general commences an action pursuant to section three hundred fifty-d of this article he shall be required to give the person against whom such action is contemplated appropriate notice by certified mail and an opportunity to show, either orally or in writing, why such action should not be commenced. In such showing, said person may present, among other things, evidence that the advertisement is subject to and complies with the rules and regulations of, and the statutes administered by, the Federal Trade Commission or any official department, division, commission or agency of the state of New York. S 350-d. Civil penalty. Any person, firm, corporation or association or agent or employee thereof who engages in any of the acts or practices stated in this article to be unlawful shall be liable to a civil penalty of not more than five hundred dollars for each violation, which shall accrue to the state of New York and may be recovered in a civil action brought by the attorney-general. In any such action it shall be a complete defense that the advertisement is subject to and complies with the rules and regulations of, and the statutes administered by the Federal Trade Commission or any official department, division, commission or agency of the state of New York. S 350-e. Construction. 1. This article neither enlarges nor diminishes the rights of parties in private litigation except as provided in this section. 2. This article does not repeal the provisions of subdivision twelve of section sixty-three of the executive law. 3. Any person who has been injured by reason of any violation of section three hundred fifty or three hundred fifty-a of this article may bring an action in his own name to enjoin such unlawful act or practice, an action to recover his actual damages or fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney`s fees to a prevailing plaintiff. S 350-f. Exceptions. Nothing in this article shall apply to any television or sound radio broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising, who broadcasts, publishes, or prints such advertisement. S 350-f-1. After-the-fact referral fees. 1. No person, firm, partnership, corporation, association, or other entity shall demand or receive a referral fee or compensation of any kind for (i) a referral from any person or other entity relative to finding a seller of real property after a bona fide real estate listing agreement has been signed, (ii) a referral from any person or other entity relative to finding a buyer for real property after a bona fide offer to purchase real property is accepted, or (iii) a referral from any person or other entity relative to finding real property after a bona fide buyer`s agency agreement has been signed, unless reasonable cause for payment of such compensation exists. 2. Any violation of subdivision one of this section shall constitute a deceptive act or practice within the meaning of section three hundred forty-nine of this article
但是如果這是生產廠家玩花樣,使用偽造的 NSF 認證標誌 ,(這就是目前您的經濟人與代理商所持的理由),那麼您訴訟對象應該是生產的廠商而不是代理這個商品的商家,老貓用一個簡單的例子來說明,就以最近豐田在北美銷售的車的問題為例,如果顧客將來要提出訴訟賠償,其對像將是豐田在北美的總公司而不是銷售車輛的車商,縱使那個說服顧客買車的車商的銷售員,然而對於產品品質的責任仍然在於生產廠家.
然而您的問題在於如果廠商是在中國,您這個官司可有得打了.
在此同時, NSF 是一個非營利組織而不是一個國家級的組織,因此偽造 NSF的認證標誌隻能算是一種商標侵占的行為,而不能視為偽造一個有價的證券,所以基本上商家或是經銷商沒有刑事上的責任,(這不像是流通偽鈔),因此您的問題在刑事上也不容易建立一個案件.
最後,您能如何做
(A)建議您仔細讀一下這個資料
THE CONSUMER'S GUIDE TO SMALL CLAIMS COURT AND HOW TO USE FEDERAL AND NEW YORK STATE CONSUMER PROTECTION STATUTES
http://www.courts.state.ny.us/tandv/sccarb.html
(B)您應該與 NSF 聯絡,( Consumer Affairs Office toll-free at 1-800-673-8010),看看他們是否知道應該如何處理您已經收到的商品或是任何有關這個製造商的資料
(不見得有用,但是值得試試)
(C)您可以考慮聯繫 NY Consumer Protection Board.
http://www.nysconsumer.gov/
相關資料在這裡
CONSUMER PROTECTION FROM DECEPTIVE ACTS AND PRACTICES General Business Law Section 350.
S 350-a. False advertising. 1. The term "false advertising" means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising is misleading in a material respect. In determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertising fails to reveal facts material in the light of such representations with respect to the commodity or employment to which the advertising relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual. For purposes of this article, with respect to the advertising of an employment opportunity, it shall be deemed "misleading in a material respect" to either fail to reveal whether the employment available or being offered requires or is conditioned upon the purchasing or leasing of supplies, material, equipment or other property or whether such employment is on a commission rather than a fixed salary basis and, if so, whether the salaries advertised are only obtainable if sufficient commissions are earned. 2. An employer shall not be liable under this section as a result of a failure to disclose all material facts relating to terms and conditions of employment if the aggrieved person has not suffered actual pecuniary damage as a result of the misleading advertising of an employment opportunity or if the employer has, prior to the aggrieved person suffering any pecuniary damage, disclosed in writing to that person a full and accurate description of the kind, character, terms and conditions of the employment opportunity. 3. It shall constitute false advertising to display or announce, in print or broadcast advertising, the price of an item after deduction of a rebate unless the actual selling price is displayed or announced, and clear and conspicuous notice is given in the advertisement that a mail-in rebate is required to achieve the lower net price. S 350-b. Disclosures required in advertisements using the title "doctor". 1. Any person who uses the title "doctor" in making representations for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of (a) drugs, devices or cosmetics, as defined in section sixty-eight hundred two of the education law, or (b) other goods or services intended to diagnose, treat, mitigate, prevent or cure any human disease, pain, injury, deformity, nutritional deficiency or physical condition, or which are intended to appear to the purchaser of such goods or services to have done so, shall conspicuously disclose the profession in which he or she is licensed, except that, where no license is required by the department of education, such person shall conspicuously disclose the major subject in which the degree was earned and the name of the institution that issued the degree provided, however, that such person shall be prohibited from using the title "doctor" unless the degree was conferred by an institution of higher education authorized by law to confer doctoral degrees in the state where it is located. For the purposes of this section, "conspicuously" shall mean equally in size, type or prominence and positioned adjacent to the title "doctor". The requirements of this subdivision supplement, and shall not be construed to limit, the obligations of health professionals pursuant to the education law and regulations thereunder, nor shall they be construed to authorize the practice of any licensed profession nor the offer of professional services by any unlicensed person. 2. In addition to any civil penalty available under section three hundred fifty-d of this article, whenever there shall be an actual or threatened violation of this section an application may be made to a court or justice having jurisdiction to issue an injunction, upon notice to the defendant of not less than five days, to enjoin and restrain such actual or threatened violation; if it shall appear to the satisfaction of the court or justice that the defendant is in fact assuming, adopting or using such title or is about to assume, adopt or use such title and that the assumption, adoption or use of such title may deceive or mislead the public, an injunction may be issued by said court or justice enjoining and restraining such actual or threatened violation without requiring proof that any person has in fact been deceived or misled thereby. S 350-c. Notice of proposed action. Before the attorney-general commences an action pursuant to section three hundred fifty-d of this article he shall be required to give the person against whom such action is contemplated appropriate notice by certified mail and an opportunity to show, either orally or in writing, why such action should not be commenced. In such showing, said person may present, among other things, evidence that the advertisement is subject to and complies with the rules and regulations of, and the statutes administered by, the Federal Trade Commission or any official department, division, commission or agency of the state of New York. S 350-d. Civil penalty. Any person, firm, corporation or association or agent or employee thereof who engages in any of the acts or practices stated in this article to be unlawful shall be liable to a civil penalty of not more than five hundred dollars for each violation, which shall accrue to the state of New York and may be recovered in a civil action brought by the attorney-general. In any such action it shall be a complete defense that the advertisement is subject to and complies with the rules and regulations of, and the statutes administered by the Federal Trade Commission or any official department, division, commission or agency of the state of New York. S 350-e. Construction. 1. This article neither enlarges nor diminishes the rights of parties in private litigation except as provided in this section. 2. This article does not repeal the provisions of subdivision twelve of section sixty-three of the executive law. 3. Any person who has been injured by reason of any violation of section three hundred fifty or three hundred fifty-a of this article may bring an action in his own name to enjoin such unlawful act or practice, an action to recover his actual damages or fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney`s fees to a prevailing plaintiff. S 350-f. Exceptions. Nothing in this article shall apply to any television or sound radio broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising, who broadcasts, publishes, or prints such advertisement. S 350-f-1. After-the-fact referral fees. 1. No person, firm, partnership, corporation, association, or other entity shall demand or receive a referral fee or compensation of any kind for (i) a referral from any person or other entity relative to finding a seller of real property after a bona fide real estate listing agreement has been signed, (ii) a referral from any person or other entity relative to finding a buyer for real property after a bona fide offer to purchase real property is accepted, or (iii) a referral from any person or other entity relative to finding real property after a bona fide buyer`s agency agreement has been signed, unless reasonable cause for payment of such compensation exists. 2. Any violation of subdivision one of this section shall constitute a deceptive act or practice within the meaning of section three hundred forty-nine of this article
但是如果這是生產廠家玩花樣,使用偽造的 NSF 認證標誌 ,(這就是目前您的經濟人與代理商所持的理由),那麼您訴訟對象應該是生產的廠商而不是代理這個商品的商家,老貓用一個簡單的例子來說明,就以最近豐田在北美銷售的車的問題為例,如果顧客將來要提出訴訟賠償,其對像將是豐田在北美的總公司而不是銷售車輛的車商,縱使那個說服顧客買車的車商的銷售員,然而對於產品品質的責任仍然在於生產廠家.
然而您的問題在於如果廠商是在中國,您這個官司可有得打了.
在此同時, NSF 是一個非營利組織而不是一個國家級的組織,因此偽造 NSF的認證標誌隻能算是一種商標侵占的行為,而不能視為偽造一個有價的證券,所以基本上商家或是經銷商沒有刑事上的責任,(這不像是流通偽鈔),因此您的問題在刑事上也不容易建立一個案件.
最後,您能如何做
(A)建議您仔細讀一下這個資料
THE CONSUMER'S GUIDE TO SMALL CLAIMS COURT AND HOW TO USE FEDERAL AND NEW YORK STATE CONSUMER PROTECTION STATUTES
http://www.courts.state.ny.us/tandv/sccarb.html
(B)您應該與 NSF 聯絡,( Consumer Affairs Office toll-free at 1-800-673-8010),看看他們是否知道應該如何處理您已經收到的商品或是任何有關這個製造商的資料
(不見得有用,但是值得試試)
(C)您可以考慮聯繫 NY Consumer Protection Board.
http://www.nysconsumer.gov/
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