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Microphone state laws


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I tried to take back my RODE NTK after buying a preamp and converter and i couldn't tell any difference at all with the preamp and new converter so i went back to the music store and they said they can't take back the NTK because of state laws. They would have to send it back to RODE and get it cleaned because i used my mouth. How was i suppost to try it out when i wasn't even warned about the microphone state laws and even in the store u can't try any microphone because of these state laws does this sound right is this true?

 

If i bought a flute,trumpet, harmonica that using my mouth i could say i understand but a microphone come on how was i suppost to know what the mic is going to sound like if i can't even try it out

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Yea the manager sold me the microphone and i told him i never had a condensor and he never ever told me about these state laws. In order for the NTK to work right u have to have a nice $500 and up preamp and $500 up converter and protool i don't have that kinda of money and whos know its going to be so subtle thats its not even worth the money

 

I'm just trying to get my tracks recorded better i own a tascam 2488 and i told the manager salesman this and he told me to get the NTK i went home and i couldn't tell the difference. I went back told him the store oh u need a $500 dollar preamp to make the NTK work right and a $500 converter no way and get a new recorder machine on top of it. I'll take back the microphone we can't its state law thats the music stores and trying out microphones the stores can't take back or even try out microphones well how is a person supposts to know what microphones to buy if u can't take it home or even try it out in the store ?

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I've never seen a definitive answer to this question, although I have heard it cited and seen it posted (on forums and in stores) many times.

 

I think that for harmonicas, sax mouthpieces and reeds and things of that nature, it makes sense from a public health standpoint. And maybe with mics too... but what about a mic you purchased for strictly instrumental use and didn't sing into? Maybe they think that not having to take people's word for that is the safer path...

 

In any event, whenever buying ANYTHING, it's always a good idea to inquire about the return policy from the dealer, and if you're really concerned, get it in writing.

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Originally posted by Chad-Chicago

Also, I don't think there is a specific state law on this. I just think they are trying to avoid returns.

 

 

perhaps we can get a definitive answer from the now owners of the forum

 

Phil -- do you have an upchannel to corporate?

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Originally posted by Walters9515

How can they prove i was singing through it and not playing acoustic guitar?


IF u sing in the store with it they have a health issue right there


and me touching the microphone is more of a health issue i think

then breathing on it don't u think?

 

They can't. And the in-store demo thing totally defeats the purpose of the "state law" myth.

 

I also agree that any mic YOU touch would be a health issue. :D

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Originally posted by Walters9515

How can they prove i was singing through it and not playing acoustic guitar?

 

They may very well not need to -- the burden may be on your side if it's part of their sales contract (it may be on your receipt)

you can always put it t legal test in small claims

 

or just challenge the management ("which health codes prevent you from taking? I was allowed t test in-store", etc)

 

 

IF u sing in the store with it they have a health issue right there

 

One would certainly think -- that's why they have those little "harp bellows" fr testing harmonicas in-store

 

and me touching the microphone is more of a health issue i think

then breathing on it don't u think?

 

hmmm, depends...while a pretty common vector is hand to eye -- they are prob worried about "wet" contact (mucous, etc)

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I don't get why music stores have the power of this state laws and another things is if u buy something at a music store and u don't like it and take it back u don't get your money back but only store credit so your forced to have to buy more of there junk unless u special order something that u really want then your going to have to really be stuck with it becase u special ordered it. I mean if they choose to make a music store and pay rent then they should be right to order stuff special order because it should be in the store to begin with but to force the person because they special order something and this store credit and now i learned about this state laws with mircophones how is the person support to try the equipment out if the store doesn't let u try it out. If u take it out of the store to go try it out your house your stuck with store credit or state laws of return problems then why are they a music store if u can't try out the equipment in the store with it there.

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Whoah there big fella, you're doing great - let's not blow it now

 

relax...fewer run on sentences, maybe judicious use of the comma - things of this nature may help

 

 

I don't get why music stores have the power of this state laws

 

Keep in mind that *IF* they do (and we haven't actually determined IF and WHAT laws apply) they would be BOUND as opposed to empowered (they wouldn't have the option and could be possibly held liable for health problems or maybe just cited/sanctioned for violations)

 

and another things is if u buy something at a music store and u don't like it and take it back u don't get your money back but only store credit so your forced to have to buy more of there junk unless u special order something that u really want then your going to have to really be stuck with it becase u special ordered it.

 

 

That's something you may want to test them on - if their product wasn't reasonably merchantable or didn't perform, you may have legal recourse.

Their policy and the laws to which they are bound can be different animals

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Whats the point of having a music store if u don't have the guitar processors or keyboards or acoustic guitar etc and have to special order them? if u dont' like it when it gets in and you try it out and don't like and want to take it back they have the power to not take it back or give u maybe store credit. I feel thats wrong because they are a music store the people shouldn't have to special order they should order it because the person wants to "try" it out so they call that a special order

 

If i buy something at a music store and i don't like it when i go home and try it out i hate the fact i don't get my money back but to be forced to buy something for store credit is wrong because of just "trying" it out the music store has the power to no give your money back or take store credit which forces the person.

 

buying a Microphones even a shure 57 the stores will not take it back because its health issues from state law this is wrong because how is the person suppost to know which mic he/she want and going to sound without trying it out. So u have to take it home to try it and then your forced to have to keep it because the music store won't return it they have to music power with returns i feel because all im doing is just "trying" out the equipment to see if i like the sound and it does what i want it to do then why have a music store

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Walters, we get what you are saying, please reread my earlier post

 

it may very well be that you are NOT legally bound (despite store policy) to store credit or other such return restrictions -- Remember (again, please reread my earlier post) we haven't actually determined *IF* and *what* laws are applicable

 

You " I want to return this as it is not performing to expectations"

Them "Due to health codes we cannot"

You "Which health codes specifically are you referring to?"

them " I don't know, it's store policy"

You "ah, well that's a policy not a law -- I would like to see your manager please"

 

 

 

The issue/discussion raised is a very good one - don't blow it with the act

 

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Originally posted by MorePaul



perhaps we can get a definitive answer from the now owners of the forum


Phil -- do you have an upchannel to corporate?

 

Believe it or not, not really. I don't have anything to do with the retail aspects of MF, just their seperate "publishing and media" division... (aka HC :) ). and frankly, I LIKE it that way. ;) But I can ask around and investigate the subject a bit and see what answers I can come up with. :wave:

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makes sense, I just figger'd there might be a channel we could use (not a direct deal, but get it past call deflection) as opposed to simply throwing it into the "support ether"

 

If you wouldn't mind - please do ask, even if you can just find an addy for MF legal or MF sales (internal) that'd be cool

 

I think it's an interesting question

 

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Someone should make a book about music store policys and returns laws, special orders because these days more and more manufactors are making cheaper and cheaper equipment from china,mexico, etc. in the 60s,70, early 80's fender,gibson and other companys didn't have these cheap cheap manufacturing places so the music store have split into 2 groups the cheap equipment which was never there before but the major companys have made for kids toys in the price range from $700-below this equipment and toys was never in music stores in the 60's and 70's this same equipment to buy now is $1000 and up because this is the real gear. How is a person like me to buy a triton or motif keboard in the range from $2000-3000 dollars i can't save that money. Buying a $400 dollar mic $500 dollar mic preamp , $500 converter this is still called "toys" or "cheap" pro audio but thats still added up to $1400 how is a person like me to buy this stuff for a home studio yea right. These major manufactors and music stores have turned into a Cheap toy divided by upper pro audio equipment which is a shame.

 

These new fender strats that cost $800- to $1000 are the so cheap the parts and wood that would take months and month years to save $1000 the bridges and woods , pickup,neck fret board is so cheap in my book it is not worth $800-$1000 for a american strat and don't even buy a mexican or china strat thats really just a ballball bat with strings on it. What im saying is that the manufactors and music stores are getting away with greed with sell cheap musical toys that cost alot of money $800 dollars is alot of a normal person just to buy a strat or preamp.

So it get around buying a new strat i have learned over the years is to "build your own strat or guitar" it was a fad in the 70's but this is what u have to really do these days. I'll spend $800 dollars on the parts i get from magic parts, smart parts, internet companys that sell necks,strat bodys,new bridges and u can build your own guitar for the same money without the cheap china gold sticker on the back of my strat neck.

 

What im saying if that u can't build your own preamps well u can but your really buying the "design of the preamp" or converters , condensor microphones So u have to try this equipment out.

 

The music stores and manufactors have made all these rules and policys,laws for returns and special orders because the companys thats make the gears only give the music stores what the want or the cheap toys so u have to take it back and return so your forced with store credit or stuck with it becuase of the laws and policys which is wrong.

 

If the companys produces more and more cheap toys then there is going to be more and more returns they get away with it from the laws,return policys and have to special order the musical gear so your really stuck with it. How is it a speical order when they are a music store thats lame they are not special ordering nothing they have contracts and aggrements daily with these company's im so sure they are going out of there way special ordering a piece of gear to pay extra shipping costs oh come on like your doing me a favor. Now what if u wait until it comes in and you don't like the piece of eqipment now your stuck with shipping cost,mangers yelling at u , having to get store credit

music stores and musical companys are turning into a Toys R US kids shops now have to be very careful of what u get and buy these days.

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Walt, there may very well be some consumer rights texts out there - it can, however, be problematic b/c the laws can be state and local as well as federal (or at least UCC compliant) and are subject to change

 

We understand you are frustrated and unhappy - and aas such it's "go time"

 

remember, you may well NOT be stuck by "policy" , but YOU have to be dilligent in defending your consumer rights and interests just as the retailer is actively defending their interests as a merchant

 

If you find a law wrong (once you determine *what* the law is) you can challenge the interpretation and/or work to change the law

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