Page 3 of 4 FirstFirst 1234 LastLast
Results 21 to 30 of 36
  1. #21
    Join Date
    Apr 2005
    Location
    Exmouth, Devon
    Posts
    729

    Default Re: Am I Being Unreasonable Or Is the Company Acting Fairly?

    The matter is quite often complicated by it being easier for buyer to return to manufacturer with proof of purchase. Not least, it should speed things up by avoiding double handling.

    I sometimes wonder if manufacturers also prefer it as it makes it difficult to gauge reliability. As a seller we rarely get to hear of those cases. Even the warranty period can be roughly assessed from the serial number unless it's especially slow-moving.

    You mention they will return it 'within Europe' - does that mean extra cost to Trinidad?

    Check the emails again for any terms and conditions (or links to them) to ensure the 'test' charge is not mentioned anywhere. A service where you have no idea of contingent costs, or even the existence of a charge sounds like unfair terms to me. Even better if under UK/EU jurisdiction. I think this is your strongest point. IANAL etc. As others have mentioned, it could just be a 'process' thing and a mild protest will resolve matters.

    Have they sent you equivalent info to what you sent them? Also, if the errors were of such a nature that they were likely to be caused by the installation or interaction with other devices, they may be expected to have an insight into that.

    Unfortunately it's not their fault the unit ended up in Trinidad, so reasonable return costs are to be expected. If not, you could use your own carriage at your risk through one of the online parcel brokers. Be warned, if you want to insure it, the premium varies wildly between them, so check out that aspect as well.

    Overall, it depends on your appetite for making the point and sometimes the path of least resistance is the way to go.
    allGadgets Marine
    www.allgadgets.co.uk

  2. #22
    Join Date
    Jan 2008
    Location
    Solent
    Posts
    3,560

    Default Re: Am I Being Unreasonable Or Is the Company Acting Fairly?

    Quote Originally Posted by MikeCC View Post

    Overall, it depends on your appetite for making the point and sometimes the path of least resistance is the way to go.
    I have something which I call the [rude word for a vagina]-fund. It covers things like being photo-evidence slammed for an £80 fine for entering the very end of an empty bus-lane for one car-length's distance so as to turn left up a side-street and thus ease severe congestion behind. It is currently being used to cover £3,000 of direct costs related to the worst trade-show catastrophe I've ever encountered (plus £7,000 cost-price of display stock I'm now going to really struggle to sell). In both examples there is zero chance of a remedy - either from the London borough in question or the cynically-dishonest exhibition organisers who turned over £610,000,000 last financial year and whose lawyers eat small-business owners for breakfast.

    In your case you made an honest error in thinking it would be more practical (given your current location) to deal with the manufacturer directly rather than the retailer, but as they never had a commercial relationship with you and don't care if you live or die they can do exactly what they like.

    So, enjoy the sunshine and forget about the postage costs.

    And tell us what the kit was!!
    Last edited by Babylon; 22-06-19 at 06:34.
    Plan B...?

  3. #23
    Join Date
    Jan 2004
    Location
    Med
    Posts
    6,021

    Default Re: Am I Being Unreasonable Or Is the Company Acting Fairly?

    I had the opposite experience.
    And happy to name the unhelpful chandler and the good company .
    I brought a Isotherm fridge kit from force 4 and while trying to fit it I broke the pipe going to the plate , my fault, I contract Force 4 explain what happen and ask them to sell me a new plate , the answer was they don't do plate and don't sell then separate any way but will sell me a whole new kit £890
    Wasn't very happy buy hey it's my fault .
    Contracted a few more chandlers in the EU as I wasn't in the Uk at the time and all said they can supply me a plate at €200 or there about . Just off the of chance I contract Isotherm in Italy again explain what I did , the reply was , let us have a photo of the plate and we send you one free of charge , as to their work within three days I had a new plate sent to Malta , not only that they over filled the plate so all I had to do was remove all the gas out of the compressor and connect the new plate . What a company .
    Warning forumite dyslexia near by
    www.bluewatersailorcroatia.webs.com

  4. #24
    Join Date
    Mar 2007
    Location
    South of France.
    Posts
    4,104

    Default Re: Am I Being Unreasonable Or Is the Company Acting Fairly?

    Definitely the chandler you bought it from - should have returned it, told them it doesn't work, send another one please! Too late now! Who installed it, you or a professional? Might be another question I'd ask if I was them! If the manufacturers have done an update and it now works settle for half the postage and be done with it!
    _______________________

  5. #25
    Join Date
    Aug 2005
    Location
    Us: Cheshire. Boat: Cumbria in season.
    Posts
    3,794

    Default Re: Am I Being Unreasonable Or Is the Company Acting Fairly?

    Quote Originally Posted by Dave100456 View Post
    I will name and shame/praise when I hear back but in the meantime what do the panel think?

    Boat electronic item indicates a fault at 8 months old and has 2 yr warranty. Manufacturer suggests various fault finding procedures. I carry out their tests, supply photographs of the unit and the error messages that appear and feedback to them.
    In light of the results, manufacturer then asks for the unit to be returned to factory (different continent) and I do so at my expense.

    Manufacturer states the unit is working fine and then invoices me for 100 euro for "testing". After I've paid they will send the unit within Europe back to me .
    There has never been a mention of charges at any time prior to this email.

    I now feel held to ransom to get my item back.

    Should I feel a little aggrieved? Was I naive in thinking a prestigious EU yachting company would offer such support on a "new" £3,000 product without charge?
    Does that charge include carriage and VAT?

    If it does, I would not be unhappy with that if that was the charge for "No Fault Found"

    £100 to look at it and courier it to anywhere in Europe if no fault found seems reasonable to me.

    £16.66 VAT, say £30 Carriage leaving approx. £50 for receiving your package, unpacking it testing it, communicating, with you, repacking the item for courier carriage and dispatching it. I can't imagine a manufacturer being bothered to lie, knowing the arguments it is likely to cause.

    The item will I imagine have been checked out by a technician who probably had no liability with regard to its manufacture, and have reported to the office that no fault was found. My experience of working in a repairs dept. is that people are please when a fault is found as (Hopefully) that is the problem sorted. No Fault found is not a good result as there is always the thought "Did I miss something or, is it an intermittent fault that occurs at random or when the stars are in alignment.

    Even if there was a fault, there may still be a charge for carriage to return the item to you dependent on terms and conditions, especially if that is abroad.
    Last edited by davidpbo; 23-06-19 at 21:21.

  6. #26
    Join Date
    Mar 2017
    Location
    Me; Nth County Dublin, Boat;Malahide
    Posts
    774

    Default Re: Am I Being Unreasonable Or Is the Company Acting Fairly?

    I concur with the various posts which advise to cut your losses and go sailing, but would add that perhaps, with the "within Europe" clause in mind, you could proceed to your nearest French Carribbean island and have the item posted there, as they are technically all within Europe, being part of Metropolitan France.

  7. #27
    Join Date
    Aug 2005
    Location
    Us: Cheshire. Boat: Cumbria in season.
    Posts
    3,794

    Default Re: Am I Being Unreasonable Or Is the Company Acting Fairly?

    Quote Originally Posted by Spirit (of Glenans) View Post
    I concur with the various posts which advise to cut your losses and go sailing, but would add that perhaps, with the "within Europe" clause in mind, you could proceed to your nearest French Carribbean island and have the item posted there, as they are technically all within Europe, being part of Metropolitan France.
    Politically it may be, geographically it is not. I suspect the courier/postal service may charge according to geography.
    Last edited by davidpbo; 23-06-19 at 21:24.

  8. #28
    Join Date
    Jan 2003
    Location
    Portland
    Posts
    1,541

    Default Re: Am I Being Unreasonable Or Is the Company Acting Fairly?

    Its an odd system back to manufacturer via an intermediary.

    I sent a faulty radio back to Standard Horizon some years back via chandler.

    It came back working faultlessly with ‘no fault found’ no charge but £10 for postage. I think sometimes they do not want to admit their products have problems.
    I used to be indecisive, but now I'm not so sure...

  9. #29
    Join Date
    Feb 2006
    Posts
    2,817

    Default Re: Am I Being Unreasonable Or Is the Company Acting Fairly?

    OP is being reasonable to ask these questions before starting a rant.

    When something is wrong with a newly-purchased product in England the buyer has two choices of recourse: the Consumer Rights Act 2015 (which replaced the Sale of Goods Act) or the manufacturer's warranty.
    Manufacturers warranties vary considerably so in this instance the OP must do his own research into exactly what is covered.
    The Consumer Rights Act is much misquoted by armchair experts (such as myself) but there are reasonably clear summaries of the principles available on the internet and anyone considering taking action under the act should really spend a few minutes research. In essence, the act says that goods should be of satisfactory quality and fit for the purpose you have described to the retailer. It contains some dates which are crucial to understanding how it might affect you purchase:
    30 from time of sale in which consumer has a right to reject [most products] ;
    6 months - if the consumer reports a fault within 6 months the law assumes the fault was there from the outset unless the retailer can prove otherwise;
    after 6 months the burden of proof is on the customer to prove the fault was there from the outset;
    6 years - in which the customer may make the claim (but somehow providing proof that the fault was there at the outset).

    The question of who pays shipping / postage costs is a tricky one, especially with yachts which sail off over the horizon. The Consumer Rights Act does I think suggest that for claims within the first 6 month period the retailer should refund postage costs, but I doubt if this would stretch to far off spots like Trinidad. I would expect most manufacturers warranties to put the postage burden on the consumer, at least one way.
    In this instance the OP reports that he started action about the fault at 8 months, so the Consumer Rights Act would only help him with postage if the fault could be proven to be there at the time of sale. How the heck can you do that?

    OP: please do study the specific manufacturer's warranty, the small print is what matters here.

  10. #30
    Join Date
    Oct 2005
    Location
    Yorkshire England
    Posts
    844

    Default Re: Am I Being Unreasonable Or Is the Company Acting Fairly?

    Firstly apologies for not responding to posters helpful suggestions but I was crewing over the weekend in a offshore race and have just caught up with things.

    An update... I heard from the manufacturer just 30 mins ago saying they had made a mistake in charging and the working unit would be returned FOC. It appears to have been a genuine oversight complicated by the duration of our initial email exchanges and me subsequently bringing the unit form Trinidad;in the interim period they had overlooked the fact they had requested the unit to be returned to them.

    Thanks again to all contributors.

Page 3 of 4 FirstFirst 1234 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Latest YBW News

Find Boats For Sale

to
to