法律教育網

法律英語

2019瑞達法考客觀題學習包

考試內容 報名條件 報名時間 報名方法

成績查詢 考試時間 分 數 線 授予資格

您的位置:法律教育網 > 法律英語 > 經典案例 > 正文

Gateway2000

2016-02-15 11:48  來源:   糾錯

被灌满了你们快停下該案的案情大致是這樣的:消費者Hill通過網絡向Gateway 2000公司訂購了一臺個人電腦。Gateway 2000在交貨時,在所附的拆封授權合同中規定,消費者若不滿意,可在30日之內退貨還款;若超過30日,則該合同生效,之后有關合同的任何爭議,均應通過仲裁方式解決。Hill在超過30日后才請求退貨還款,Gateway 2000乃根據該拆封授權合同請求仲裁,但Hill認為其并未同意該合同條款,遂向法院起訴主張該拆封授權合同無效。易利諾斯州北區法院滿足了原告的請求,被告遂向第七巡回上訴法院上訴。第七巡回上訴法院在審理該案中,很大程度承襲了ProCD案的判決,認為該拆封授權合同有效。拒絕了原告認為當其付款時并不知道合同內容因此合同無效的主張。第七巡回上訴法院認為,該拆封授權合同在原告保留電腦的30日內尚未發生效力,但當原告保留電腦超過30日時即發生效力,并最終撤銷了訴訟。

被灌满了你们快停下1. Foundations and challenges of business

Facing Business Challenges at Gateway 2000

From Farm Boy to Billionaire

Computers. The odds are slim you will survive, much less thrive, in this industry. You have to guess what customers will want more than a year in advance, even though technology is changing at an incredibly fast pace. It's hardly a business for cowboys-unless you're Ted Waitt.

Son of a fourth-generation cattle broker , Waitt (currently 34 and worth an estimated $1.7 billion) rides herd over Gateway 2000 . They tell stories about Waitt, and not just in Sioux City, South Dakota -Gateway's homeland. They talk about how he built a fortune by trusting his instincts and making gutsy calls that led the industry. How he borrowed $10,000 from his grandmother to start a mail-order computer business , and how he turned a two-man, farmhouse operation into a global giant-in only ten years. And they talk about the pony-tailed farm boy clad in deck shoes and a polo shirt who knew that someday he was going to run his own company.

被灌满了你们快停下It all began while Waitt was working for a local computer store; he was amazed by how easy it was to sell computer equipment to acknowledgeable computer users over the phone. So in 1985 Waitt (the marketer ) teamed up with his buddy Mike Hammond (the technical whiz), and the two started a small mail-order computer business of their own. Waitt and Hammond worked long hours-from their upstairs office in Waitt's family farmhouse.

被灌满了你们快停下Their big break came in 1987, when Texas Instruments (TI) decided to stop manufacturing its own computers and instead sell only industry-standard IBM-compatible personal computers (PCs) Of course, owners of TI computers could trade in their equipment for newer IBM-compatible computers, but first they would have to cough up $3,500. Waitt and Hammond knew they could provide the same computer equipment TI was offering-and at a much cheaper price ($1,955) They did this by finding the best deals on cutting-edge computer components, and assembling the components to build top quality custom PCs . Because all sales were made-to-order and transacted over the phone , Gateway could afford to give customers more computer for their money-a strategy from which the company has never veered .

Within three short years, the company was shipping 225 PCs a day (each one in a black-and-white cow-spotted box), and sales reached $70 million. By 1993 sales topped $1.7 billion, and the company sold its stock to the investing public. In spite of Gateway's speedy trip to the top, the company was at a treacherous intersection . Gateway was run essentially by one guy-Ted Waitt-who relied on his instincts. And the company was getting too big to depend on only one man's judgment. In order to survive in this competitive industry, Gateway would have to find ways to expand its customer base and manage the company's growth.

If you were Ted Waitt, what steps would you take to beef up business ? Would you compete on price, speed, quality, or innovation? Would you consider other sales approaches besides telephone selling?

被灌满了你们快停下Meeting Business Challenges at Gateway 2000

被灌满了你们快停下Relying on his instincts, Ted Waitt made a number of critical calls that put Gateway in the lead. Of course, Waitt was no longer a one-man show. Beginning in 1991, he brought in experienced executives (from top companies like Digital Equipment, Texas Instruments, and IBM) to help manage the company's growth. Together they brought Gateway to new height

s while sticking with its efficient, bare-bones assembly operation-no showroom, little inventory, and no retail outlets. In fact, Gateway's simple direct-sales operation allows the company to compete on speed, quality, and price. Speed and quality in manufacturing give Gateway the biggest advantage. Not only can speed and quality win customers, but they win the right kind of customers-those who are willing to pay a bit more for computer equipment. Gateway moves like lightning: It gets new computers out the door in a hurry. They include all the latest technology-like top-quality color monitors, the latest operating system and software, and the most powerful computer chip.

被灌满了你们快停下Of course, buying a computer over the telephone and not seeing the equipment until the truck delivers the cow-spotted boxes to your doorstep is not for everyone. Gateway attracts computer-savvy buyers who need a lot less hand-holding and are comfortable purchasing from a catalog or an advertisement. Here's how it works: The customer calls in and, over the phone (or Internet), designs a custom-configured computer system using cutting-edge technology. In about five days, the custom system is built and shipped. Because there is no inventory to speak of (computers are made-to-order), as technology gets cheaper, Gateway can compete on price by changing prices daily and passing the savings on to customers.

Relying on word of mouth and a strong advertising campaign (about $90 million a year), Gateway rode a wave of success fueled by computer buyers hunting for good equipment at bargain prices. Gateway's success, however, did not come without its share of growing pains. Gateway's first portable laptop computer was a disaster. Failing to recognize that customers had to see and touch the product to appreciate its smaller size and capabilities, Gateway ran into a wall because the company's computers were not sold in retail stores where customers could experience the product's features. This lesson would not be forgotten. Other mishaps included sending out machines that did not work and busy phone lines that kept customers waiting-sometimes for hours. Fortunately, Waitt corrected these problems early on by instituting various quality-control measures to increase customer satisfaction. And his efforts paid off. By 1996 Gateway was shipping 5,000 to 6,000 computers daily and sales skyrocketed to roughly $5 billion.

That same year Gateway launched a product that was way ahead of its time. Called Destination, it was a combo PC and 31-inch television set with a wireless keyboard, a mouse, and a home-theater sound system. Learning from past mistakes, Waitt knew he would have to get the product in front of consumers so that they could see its features. This time Gateway cut deals with retail stores. None had ever carried Gateway's stuff before.

But Waitt's biggest challenge has been trying to crack the corporate market. Whereas Gateway sold most of its computers to individual users and small businesses, rival Dell set its sights on the lucrative Fortune 1000 corporate accounts and made some expensive investments-like $22 million in research and development (Gateway spent practically zip) Despite doubling its sales force, Gateway discovered that selling computers to corporate customers was not an easy task. First of all, competitors like IBM and Hewlett-Packard (HP) have large, well-trained sales and service staffs who have been doing business with big companies for years. Furthermore, IBM and HP products can be purchased at traditional retail stores.

被灌满了你们快停下Still, relying on a cost-efficient, bare-bones, direct-sale operation is Gateway's stronghold in this cutthroat industry. The company has no plans to alter its fundamental selling strategy. “If you come see us in the next century, we'll be bigger, better, and smarter, but fundamentally we'll be the same,” notes Waitt. That is, Gateway will stick to what it does best: churn

ing out huge volumes of PCs that are equipped with the latest technology at affordable-but not rock bottom-prices and selling them to customers over the phone

責任編輯:儀

特別推薦

地圖
法律教育網官方微信

法律教育網微信公眾號向您推薦考試資訊、輔導資料、考試教材、歷年真題、法律常識、法律法規等資訊,只有你想不到,沒有我們做不到!詳情>>

1、凡本網注明“來源:法律教育網”的所有作品,版權均屬法律教育網所有,未經本網授權不得轉載、鏈接、轉貼或以其他方式使用;已經本網授權的,應在授權范圍內使用,且必須注明“來源:法律教育網”。違反上述聲明者,本網將追究其法律責任。

2、本網部分資料為網上搜集轉載,均盡力標明作者和出處。對于本網刊載作品涉及版權等問題的,請作者與本網站聯系,本網站核實確認后會盡快予以處理。

被灌满了你们快停下本網轉載之作品,并不意味著認同該作品的觀點或真實性。如其他媒體、網站或個人轉載使用,請與著作權人聯系,并自負法律責任。

被灌满了你们快停下3、本網站歡迎積極投稿