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Park News
www.parkworld-online.com
Park Law
by Heather M Eichenbaum Esq
Getting the parts you
bargained for
Your most-popular ride suddenly breaks down a week before the big
holiday weekend. You’ve been on the phone with the manufacturer
but cannot fix the problem without a new part. Unfortunately, you
cannot locate the part you need locally and are forced to order
from overseas. You are short on time, money, and stressed about
whether you will get the ride operable again before the big
weekend. Your tendency is to rush into a purchase, often by
telephone, to ensure you can get your ride operating again quickly.
An actor at The London Bridge Experience
Stop. Rushing into a purchase, without proper documentation, can
leave you with the wrong part and cost you thousands.
We live in a digital age. Every park should have a digital camera
down the road. “We will therefore fiercely protect the goodwill in the London
on site at all times. Photograph the part being replaced and make
Dungeon brand, particularly from such blatantly parasitic behaviour,” says
sure at least one shot shows an identifying mark on the part,
Merlin’s David Sharpe.
including a serial number or part number if there is one. If the part
The company’s proposal for a “consensual resolution” has apparently been
is visibly broken, photograph the defect so you can show what was
rejected by the operators of The London Bridge Experience. “Ever since we
broken before you removed or replaced it. The photograph(s)
opened, they [Merlin] have made repeated demands to us to restrict our activities
should be sent, via e-mail, to the seller of the replacement part so
because The London Bridge Experience is located close to their London Dungeon
they can determine the appropriate
attraction,” says operator Danny Scriven. “Had we agreed to Merlin’s original
part needed. Language barriers
conditions, which included not doing any promotions within 200 metres of The
Always photograph
and different terms used to
London Dungeon, we would not have even been able to go into our own
the part being
describe a part may otherwise replaced
attraction!”
confuse the order.
Danny and his brother Lee Scriven, who grew up less than a mile from London
Second, document by e-mail or
Bridge, claim to have invested their life savings in the £2 million (Euro.1862.5m/$3.7m)
fax what part you are purchasing,
attraction. They say Merlin’s demands extend to a ban on the use of words or
the cost, shipping costs and terms.
pictures typical of haunted attractions, costumed actors interacting with visitors,
If you are agreeing to return the
and a request not to participate in promotions such as two-for-one vouchers
broken part, be sure to take
where Merlin also tales part.
detailed photographs and e-mail
Despite their efforts, The London Bridge Experience has so far failed to match
them to the seller who is accepting
the success of The London Dungeon, or indeed its owners’ own projections,
the “exchange.” Ship the broken
attracting just 40,000 visitors in its first five months of trading. Nevertheless the
part and request a delivery receipt
Scriven brothers should at least get some perverse pleasure from the fact that
from the courier to ensure you
Merlin is worried to the extent it is.
have proof it was received by the
Are the two attractions alike? Judge for yourself:
seller.
www.thedungeons.com/en/london-dungeon/index.html
Finally, your “order,” whether on an official part order form or by
www.londonbridgeexperience.com
e-mail/fax, should contain terms relating to any warranty on the
new part, any credit or discount for the returned broken part, and
New owner for Myrtle Waves
other terms relating to the timing for the order. If you need the part
and NASCAR SpeedParks
immediately, the order should specify that ”time is of the essence”
and provide for a penalty against the seller if the part is not shipped
PARC Management has acquired Myrtle Waves Water Park and all five
within your agreed time frame. After all, for each day your ride is
NASCAR SpeedParks in North America. The six properties were acquired from
down, you are losing profits.
South Carolina based developer Burroughs & Chapin Company, Inc.
In sum, properly documenting, both in writing and with
With outlets in Myrtle Beach, South Carolina; Sevierville, Tennessee;
photographs, the terms of a replacement part purchase can save
Concord, North Carolina; St Louis, Missouri; and Vaughn, Ontario in
you time and money, as well as additional stress. Even in cases
Canada, NASCAR SpeedParks feature multiple race tracks that deliver a fun, involving the most dire need for the part, take the extra few minutes
racing experience for all ages. The indoor and outdoor facilities also offer
to thoroughly confirm the purchase, and any exchange of parts, to
feature amusement rides, mini-golf, playgrounds, arcades, simulators,
ensure you are protected.
shopping and dining. Myrtle Waves, meanwhile, is based in Myrtle Beach,
South Carolina,
Heather Eichenbaum is an attorney with Spector Gadon & Rosen PC,
As part of the acquisition, PARC Management now
also carries the exclusive worldwide
located in Philadelphia, New Jersey and Florida. Clients include Six
license for NASCAR SpeedParks.
Flags, Steel Pier, Gillian’s Wonderland, Holiday World and Reithoffer
Financial terms of the agreement
Shows. Heather can be reached at +1 215-241-8856 or
have not been disclosed.
heichenbaum@lawsgr.com
SEPTEMBER 2008
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