Andre Fleury - Swiss Watch Company
Quality and service since 1968
October 15, 2011
Caroline Faivet
President & CEO
The Swatch Group Inc.
Ref. Your letter dated 09.08, 2011
Dear Mrs. Faivet,
Thank you for your reply but must disagree with your assertion as facts.
An independent watchmaker is not your Service Provider; he/she is an independent person repairing watches for the consumers and not of your employ. His loyalty is toward his clients not from whom he purchases any parts.
You stated: "Protecting the goodwill of the Swatch Group brand names": making sure that independent watchmakers graduated from the most prestigious watchmaking schools, experienced on the finest watches not allowed to service repair Swatch brands defines an oxymoron not a protection of any kind.
Your decision to blackmail independent watchmakers who are not attending your Omega course f0r any reason does not protect the goodwill of your companies or owners of your watches. The action of this blackmail is to discredit the independent watchmakers as to their qualifications unless they accept your policies.
Your policies do not supersede U.S laws.
You have no legal right upon any Swiss or US independent watchmakers as his/hers technical ability. You have no legal right to police any independent watchmakers, visiting their offices and ordering these independent watchmakers to purchase your equipment and tools or their accounts will be closed. You have no authority to privilege a group of watchmakers and not the others.
This has been surveyed by nine United States Supreme Courts and ruled upon:
"Watchmaking Act is void in that it deprives defendant of inherent rights, privileges and immunities guaranteed by the State and Federal Constitutions, in numerous particulars, to wit: That it seeks to deprive him of the right to liberty, the pursuit of happiness, and the enjoyment of the gains of his own industry; to deprive him of his property without due process of law, and to deprive him of his right to earn a livelihood in a legitimate field of business, that of watchmaking, and of his right to contract in matters of purely private concern; that it violates the Bill of Rights of the Federal Constitution and seeks to create a monopoly of the business of watchmaking; that it grants to a certain class of citizens certain exclusive rights, privileges and immunities, to the exclusion of others;"
"There is no more excuse for requiring a watchmaker to pass a test as to his technical qualifications than for requiring a photographer to pass such a test".
Your assertion that a week course given by Swatch surpasses the formation received after a four years study in a Technicum is outrageous. Regarding the proper equipment, let me just say that as of May 2010 my office was rated accepted on all level by your agent.
A word about "evolving technology", Mr. Fenwick and Mr. Foster mentioned that the co-axial course was the major part of your Omega course. George Daniels invented this escapement system simply to do away with oiling of the pallet. So far Mr. Daniels' invention is not working. Oil is needed for the proper working. The system is built on a very popular movement that needs no teaching as to servicing repair, and Daniels' system is very simple.
Therefore a watchmaker needing to be taught on this escapement should be free to take your course, but again not obliged to and threaten to have his reputation tarnished and the closing of his parts account not only by Omega but all Swatch brands. The course taken by one hundred fifty watchmakers is not a success, there is over five thousand watchmakers in the U.S. This action is well defined in the Court ruling:"to deprive him of his right to earn a livelihood in a legitimate field of business, that of watchmaking, and of his right to contract in matters of purely private concern; that it violates the Bill of Rights of the Federal Constitution and seeks to create a monopoly of the business of watchmaking; that it grants to a certain class of citizens certain exclusive rights, privileges and immunities, to the exclusion of others;"
I purchased parts from the Swatch Group for over forty years as a client. I miss to understand your calling this a privilege.
My last order for an Omega client was a clasp. I need clarification so I wouldn't mislead my client: it is stamped "Swiss Made" but the tag attached to the clasp read "China", is it made in China or in Switzerland?.
Best regards
Andre Fleury
Cc: Mrs. Hayek, Mr. Urquhart.
Swatch CEO misleading statements