Delivering the Message about Competitors Products Oliver S

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Delivering the Message about Competitor’s Products Oliver S. Delery, Jr. , P. E. Vice-President

Delivering the Message about Competitor’s Products Oliver S. Delery, Jr. , P. E. Vice-President Technical Marketing Forterra

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Federal Trade Commission Statement of Policy on Comparative Advertising “Commission policy in the area

Federal Trade Commission Statement of Policy on Comparative Advertising “Commission policy in the area of comparative advertising encourages the naming of, or reference to competitors, but requires clarity, and, if necessary, disclosure to avoid deception of the consumer. ” “Comparative advertising, when truthful and non-deceptive, is a source of important information to consumers. ” 8/13/79

FTC Act Restrictions Conduct that violates the principles of fair competition, such as: •

FTC Act Restrictions Conduct that violates the principles of fair competition, such as: • misrepresentation, • bribery, • disparagement of a competitor, or • disparagement of a competitor’s products.

FTC Statement of Policy on Deception “The Commission will find deception if there is

FTC Statement of Policy on Deception “The Commission will find deception if there is a representation, omission or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer’s detriment. ” 10/14/83

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9 out of 10 Engineers Spec Concrete Pipe over Plastic. Shouldn’t You? 10 Rigid

9 out of 10 Engineers Spec Concrete Pipe over Plastic. Shouldn’t You? 10 Rigid Rugged Resilient

Comparisons – the key message • Build Trust • Be Honest • Admit Bias

Comparisons – the key message • Build Trust • Be Honest • Admit Bias • Give the Devil His Due • Don’t Hide Shortcomings 11 Rigid Rugged Resilient

Address the Shortcomings of the Competition Whimsically • Point out flaws through examples not

Address the Shortcomings of the Competition Whimsically • Point out flaws through examples not related to our business • Plant the seed of doubt in a specifier’s mind • Use this approach and Segway into issues involving pipe 12 Rigid Rugged Resilient

Concrete Pipe Is the ONLY pipe for playgrounds! Metal RUSTS! Calorically Challenged (Fat) kids

Concrete Pipe Is the ONLY pipe for playgrounds! Metal RUSTS! Calorically Challenged (Fat) kids DEFLECT plastic!

Other uses for concrete: • Buildings • Highways • Safety Barriers • Bomb Shelters

Other uses for concrete: • Buildings • Highways • Safety Barriers • Bomb Shelters • Bridges • Shoes (Special Order)

Other uses for metal: • Any product that ends up in a junkyard •

Other uses for metal: • Any product that ends up in a junkyard • Soft drink cans • Beer cans (ok, so this is not that bad) • Garbage cans (this market has been lost to plastic)

Other uses for plastic: • Garbage cans • 2 liter soft drink bottles (their

Other uses for plastic: • Garbage cans • 2 liter soft drink bottles (their entry into metrics) • Legos • Credit cards

Our Shortcomings – In Comparison, Use Them To Your Advantage • Concrete Pipe Is

Our Shortcomings – In Comparison, Use Them To Your Advantage • Concrete Pipe Is Heavy • Concrete Pipe has Short Lengths • Concrete Pipe has Leaky Joints • The Hydraulic “n” Factor is higher in Design • Concrete Pipe is Old and Dull • Concrete Pipe is Expensive 17 Rigid Rugged Resilient

Advanced Comparison – Design and Liability 18 Rigid Rugged Resilient

Advanced Comparison – Design and Liability 18 Rigid Rugged Resilient

Starting From the Failure • What Happens if a Pipe Failure Occurs? • Set

Starting From the Failure • What Happens if a Pipe Failure Occurs? • Set the Scene • After the Ambulance, it’s the Ambulance Chaser • “Have You Been Injured in a Car Wreck? ” • A Structure, or Underground Bridge, Has Collapsed • The Lawyer Has an Expert Structural Witness 19 Rigid Rugged Resilient

Assigning (or Assuming) Responsibility • Who has the structural design and calculations? • Who

Assigning (or Assuming) Responsibility • Who has the structural design and calculations? • Who reviewed them? • Who stamped the design? • How do the standards weigh in? • Are all standards the same? 20 Rigid Rugged Resilient

Now, you’ve set the stage to proceed – in a number of directions •

Now, you’ve set the stage to proceed – in a number of directions • Standards Review • Basic Rigid vs. Flexible Presentation • Failure Dynamics (for all products) • Specific Design Comparison (AASHTO LRFD) 21 Rigid Rugged Resilient

Standards Review • Material Standards • Manufacturing Standards • Material Testing Standards • Structural

Standards Review • Material Standards • Manufacturing Standards • Material Testing Standards • Structural Design Standards • Installation Standards • Inspection Standards 22 Rigid Rugged Resilient

Basic Rigid Vs. Flexible Presentation • Structure vs. a “Hole” • Hydraulic Comparisons •

Basic Rigid Vs. Flexible Presentation • Structure vs. a “Hole” • Hydraulic Comparisons • Installation Requirements for each • Inspection Requirements for each • Crack Limits • Deflection Limits 23 Rigid Rugged Resilient

Failure Dynamics • Concrete • Overloading, Impact, Installation (Joints), Cracking • Plastic • Deflection,

Failure Dynamics • Concrete • Overloading, Impact, Installation (Joints), Cracking • Plastic • Deflection, Temperature Changes (Joints), Fires, Flotation, Punctures, Connections, Brittleness • Metal • Corrosive Soils, Loss of Coating, Deflection, Flotation 24 Rigid Rugged Resilient

Specific Design Comparison (AASHTO LRFD Bridge Designs) • Concrete: • ASTM C-76 with Standard

Specific Design Comparison (AASHTO LRFD Bridge Designs) • Concrete: • ASTM C-76 with Standard Installations • Pipe Manufacturer’s Design & Liability • Plastic: • • 25 Deflection Wall Profiles Vertical Arching Factor Trench Boxes Hydrostatic Forces Soil Properties Design Engineer’s Design and Liability Rigid Rugged Resilient

In Conclusion • Comparisons are Important & Critical • Start With Basic Concepts •

In Conclusion • Comparisons are Important & Critical • Start With Basic Concepts • Be Honest and Fair – Admit to Bias • Become a Resource • Change Will Come Gradually • (Unless that Seed of Doubt Grows Quickly – Keep Watering it!) 26 Rigid Rugged Resilient