As a representative of a locally owned storage facility, I would be very
interested to learn more about the law firm in Philadelphia who has
successfully arbitrated hostage fees.  It is something I often encounter
on behalf of my clients when they transfer their materials to a company
more engaged in protecting their interests than providing shareholder
value.
If this is information that can be shared - or - communicated to me via
my email, I'd appreciate it.

Connie Durkin
[log in to unmask]


-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Hugh Smith
Sent: Wednesday, June 03, 2009 1:40 PM
To: [log in to unmask]
Subject: Contract Management (Reboxing)

On Jun 3, 2009, at 12:00 AM, RECMGMT-L automatic digest system wrote:

> From: "Allen, Doug" <[log in to unmask]>
> Date: June 2, 2009 11:53:49 AM EDT
> Subject: Contract Management
>
>
> I've been following the discussions of re-boxing and transportation
> charges with great interest.  As one whose firm is a vendor, I pay
> fairly close attention to the contractual basis for services
> relationships between any vendor and its customers.


Doug,

This issue of reboxing should be addressed by ARMA or a committee of  
records managers as this is another issue that if left alone becomes  
standard practice.  Had ARMA addressed Hostage Fees right from the  
beginning this would not have become standard practice. Now there is a  
law firm in Philadelphia that specializes in defending companies  
threatened with these charges and has been successful in defeating  
them.  But had ARMA protested vigorously from the beginning this would  
have been stopped at its genesis.

ARMA could even protest directly to PRISM to have them discuss this  
practice; as many vendors have spoken out about these unethical  
actions.  Quite frankly, it places the vendor who fails to adopt this  
practice at a competitive disadvantage.  If one company can charge  
$9.00 per new box and other fees, that makes the account more  
profitable.

Could you make sure the ARMA Board has all these posts on this topic  
because I  believe we are all starting to see a pattern.  There have  
been several posts about boxes that were in good shape and totally  
inactive but still they are being charged for reboxing.  And worst of  
all the vendor can't even point to the boxes that were reboxed which  
totally voids your integrity on all boxes since you have no knowledge  
of what transpired.

Boxes that were carefully audited and packed and sent off are now  
being reboxed by a warehousemen. I would think a plaintiff in a future  
lawsuit could claim your records integrity is void since you cannot  
claim any real control and management of your records since others are  
making decisions for you.

These actions would seem to be a cause of breach of contract. If a  
vendor performs this without RM oversight then your company is in  
jeopardy should a lawsuit occur. ARMA should post a letter to this  
effect to vendors to cease and desist.

Hugh Smith
FIRELOCK Fireproof Modular Vaults
[log in to unmask]
(610)  756-4440    Fax (610)  756-4134
WWW.FIRELOCK.COM

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