Tunze being sued over powerhead flow rate study.

[Maxx]

I'm not a lawyer, (just a cop) but I'm not seeing how Tunze in Germany can be held liable for a lawsuit in the US. German laws do not apply here, and vice versa.

Assuming their court system is similar to ours over here, the law firm would have to prove standing in German courts before the case could even be heard.

But again, I'm neither a lawyer, nor have I ever been to Germany. So I really dont know, just WAG'ing over here on my side of the keyboard.

Nick

 

[akunochi]

I was talking to my wife about it who is a double business major and there is a way through international law that Tunze Collective as mentioned in the article can be sued. It all gets very convoluted and I decided to go back to my beer instead, but I think it was something like.

IF Tunze (G) used Tunze USA as a distributor only, but marketing and design concept comes from the parent company they can be held liable.

If Tunze USA designed the product in question, designed the marketing and acted as a completely independent entity throughout the life of the product then Tunze G may be able to step away.

All I know is she explained it....my head hurt...and I had a giant 22 of corked french beer in front of me that was much more entertaining.

 

[Maxx]

Makes sense, and again international civil law is not my forte.

Hope that wasnt a Lambic or a framboise you were drinking...unless you were forced at gunpoint to finish your wife's beer....

Nick

 

[akunochi]

No it wasn't. It was more of a Barley Wine actually. 10.2% ABV stout.

 

[tat2z_21]

Also not knowing alot of international law, or law of any kind. I will say, I owned two 6105's on a controller and could not imagine (if those were producing only half the flow), what my tank would have been with it operating at what it claimed. As far as comparing the Koralia to a Tunze. It can not be done. Two totally different beasts with different characteristics. I haveownedboth and the flow pattern of a tunze is unrivaled, the controllability is insane, the only downside that I can think of is the size. Though they fixed that with the new tunze turbelle's.

 

[Krish]

Here's what I think...I don't have a tank yet and feel like buying a tunze just to sit on the shelf because I just love them!!! Greatest powerhead IMO ever! I think they set the stage for all the powerheads that came after them trying to simulate their wide flow pattern. I really hope they don't get screwed in this thing. I mean it seems really petty to me for them to even consider filing a lawsuit. As I mentioned before, no-one complained about their flow before the test so why should it matter now.

 

[akunochi]

Here's what I think...I don't have a tank yet and feel like buying a tunze just to sit on the shelf because I just love them!!! Greatest powerhead IMO ever! I think they set the stage for all the powerheads that came after them trying to simulate their wide flow pattern. I really hope they don't get screwed in this thing. I mean it seems really petty to me for them to even consider filing a lawsuit. As I mentioned before, no-one complained about their flow before the test so why should it matter now.

I think you my Stream pattern....even Tunze themselves said they are a jet in the latest video. I would still say get them if you like them! LOL

 

[tat2z_21]

Whether it is a stream or chaotic flow, it is by far the best in design. They are quiet and extremely efficient. I know that I had two in my 180 and it would cause a storm if they were bothon at the same time.

 

[keithinspokane]

i think i agree with the majority although ive never owned tunze i can honestly say i havent read too many negatives about their products.with that said we still need to have these companies in the spotlight otherwise they WILL take advantage of us consumers....at the end of the day its business,and its goal is to make money,period.

dont get me wrong im not saying sue the heck out of them and shut them down as a company....but if this can maybe help make it so there is a standard method for testing these pumps so be it.somebody has to be the case study....and lets face it when youre at the top youre going to be easier target.

i want this to turn out well for the sake of all of us...

 

[keithinspokane]

my post was so lol its lol.sry for my rant.

 

[dnjan]

Not sure what the end result for this "lawsuit" is.

A...Best case scenario, Tunze ups its game and we the consumer benefit greatly from it.
B..Worst case scenario, Tunze shuts down completely because it cannot afford the lawsuit here, a subsequent lawsuit in Germany, and the resulting bad press killing the Tunze name in the market place.
C...Likely scenario, Tunze delays and obfuscates the lawsuit here, all while getting the next gen Stream to market with the proper flowrates, and allows previous customers to upgrade to the new streams at a minor cost.


Nick

and a fourth probability - powerhead manufacturers will resort to third-parties to do the testing and come up with flow values in order to protect the manufacturers from similar lawsuits. These testing firms will be too small to make it worth sueing them.

 

[dhnguyen]

I wonder though if there is/are other vendor(s)/company(ies) behind all this. I wonder who would benefit the most from this lawsuit besides the lawyers?
Just saying...

 

[dnjan]

I wonder who would benefit the most from this lawsuit besides the lawyers?

I guess I would consider it optimism to assume that there is someone else to benefit other than the lawyers ...

 

[dhnguyen]

I guess I would consider it optimism to assume that there is someone else to benefit other than the lawyers ...

Yes that is true. But where business is concerned, truth is often stranger than fiction.

 

[Krish]

I guess I would consider it optimism to assume that there is someone else to benefit other than the lawyers ...

I agree...Who gives a hoot if the pumps don't put out exactly what they say they do? It never stopped people from buying them before and sure wouldn't stop me from buying another one now. If you like the product, you like the product. Someone is trying to make a few bucks here LOL

 

[DonW]

These things don't benefit anybody but the vultures (lawyers). I got a notice that my honda 6hp mower only put out 5.5 and I was eligible to receive money via a class action. Got my check for 49 cents. The lawyers got to buy a new condo on the beach right down the road from Krish

Don

 

[Krish]

These things don't benefit anybody but the vultures (lawyers). I got a notice that my honda 6hp mower only put out 5.5 and I was eligible to receive money via a class action. Got my check for 49 cents. The lawyers got to buy a new condo on the beach right down the road from Krish

Don

:lol: Now that's funny!

 

[dnjan]

:lol: Now that's funny!

You think having a lawyer for a neighbor is funny???

 

[Krish]

You think having a lawyer for a neighbor is funny???

No...A check being mailed for $0.49 :lol:. Some lawyers are cool!! Don's (DonW) wife is one and my daughter's "godfather" is one as well. There are a few good ones out there.

 

[user 2204]

I agree that Lawsuits such as this does not benefit the consumers who already own the products. As DonW mentioned, most class action lawsuits, the consumers usually get pennies compared to what the law firms get.

Lawsuits like this in the end not only hurt the company, but also hurt the consumers and the economy. Higher prices for the commodities due to the company being sued having to pass on the cost of the lawsuit. It's all in the name of business.

Oh and here's a link for info on German Fair Competition Office.
http://www.wettbewerbszentrale.de/de/home/

And Tunze is a LLC in thge US AND Germany.

TUNZE Aquarientechnik GmbH (GmbH = LLC)
http://en.wikipedia.org/wiki/Gesellschaft_mit_beschränkter_Haftung

Schönen Dank,
Alex