Faulty Sowester lifejacket purchased Sept 2019

[kippers26]

I bought a170n Sowester lifejacket with integrated PLB in Sept 2019, have just collected it from the local chandlers where I left it for service who have informed me it has been condemned due to a leak in the bladder .The pin prick size hole is on a fold in the material up near the neckline . The sales assistant said the leak was probably caused by someone standing on it or applying heavy pressure to that point. As the L/J has not been stood on or "abused " I believe it should be replaced under the sales of goods act as I think it is a manufacturing defect and is less than 2 years old. Has anyone any ideas how I prove it was not my fault and that it is a manufacturing fault

 

[fontmell]

Förster went out of business many years ago so is a very old product

 

[kippers26]

Förster went out of business many years ago so is a very old product

Still being sold in 2 local chandlers and online , believe it may have originated from CH marine

 

[Euphonyx]

Dont know about UK law but under EU law if the manufacturer is no longer about and the product is still being sold then the peddler of faulty goods is liable to the purchaser

 

[pvb]

It's the responsibility of the retailer. Ask for a refund or replacement. If they refuse, start a Small Claims process against them. If they have any sense, they'll settle with you.

 

[Scotsailor]

I believe it should be replaced under the sales of goods act as I think it is a manufacturing defect and is less than 2 years old.

The Sale of Goods Act has been superseded by The Consumer Rights Act 2015

 

[pandos]

Is sowester an own brand belonging to CH marine?

 

[earlybird]

For a claim under the Consumer Rights Act, an independent "expert" report is probably required. This wouldn't seem easy to arrange and will cost, although that should be recoverable if your claim were to succeed. Best of luck!
If t'were me I'd put the loss down to experience.

 

[scottie]

Sowester certainly seems to be linked with CH Marine so perhaps worth speaking with them

 

[Stemar]

For a claim under the Consumer Rights Act, an independent "expert" report is probably required. This wouldn't seem easy to arrange and will cost, although that should be recoverable if your claim were to succeed. Best of luck!
If t'were me I'd put the loss down to experience.

My thoughts too. Proving a manufacturing defect after a couple of years would be difficult. I don't know how you cost your time, but I reckon you'd spend more time at £X per hour on a claim than on a new LJ would cost.

 

[MikeCC]

Is sowester an own brand belonging to CH marine?

I believe they did acquire the brand name a while ago.

 

[scottie]

I associated Sowester with S.W.M.F merged with Simpson Laurence part of Clyde shipping and cretain Lyn the font appears the same but that was probably 20 years ago

 

[bitbaltic]

If the jacket was manufactured c. 20 or more years ago and was still presented for sale I for one would like to know which chandlery was comfortable doing that the better to avoid them

I agree the OP should put this down to experience and just buy a modern and newly-manufactured LJ from a reputable source

 

[kippers26]

If the jacket was manufactured c. 20 or more years ago and was still presented for sale I for one would like to know which chandlery was comfortable doing that the better to avoid them

I agree the OP should put this down to experience and just buy a modern and newly-manufactured LJ from a reputable source

Lifejacket was purchased in 2019 with an integrated PLB, it is not an old lifejacket or old design still available at CH marine Sowester Challenger ISP Worksafe PLB Lifejacket

 

[bitbaltic]

Lifejacket was purchased in 2019 with an integrated PLB, it is not an old lifejacket or old design still available at CH marine Sowester Challenger ISP Worksafe PLB Lifejacket

Fair play, I should have noted the integrated PLB bit.

edit to add, if it means the old aeroplane-sensor (121mhz?) PLB rather than the 406 type then that could still be an old design and old jacket. I haven’t been offshore in more than a decade (oil industry) but we’d had 121mhz beacons on those jackets for years even then.

 

[adamlang]

Looks like its an Irish/ EU company/website if that's where you bought it. As others have said the claim is against the retailer (with whom you have a contract). Not sure a England/Wales small claims court would have jurisdiction unless that's where the purchase took place. EU distance selling regulations probably only offer little support given the age and usage. If it were new the retailer would I think have the burden to proof it didn't leave the shop with the hole.

I think best approach is to try to negotiate some sort of goodwill over the replacement.

Know how you feel though. I just ordered a bit of stainless steel gas pipe/tails from Force 4. Has a 20 year service life but its date stamped to replace by 2030. So well over ten years old by the time it's reached me. Outrageous. Will be picking it up with them.

 

[kippers26]

Fair play, I should have noted the integrated PLB bit.

edit to add, if it means the old aeroplane-sensor (121mhz?) PLB rather than the 406 type then that could still be an old design and old jacket. I haven’t been offshore in more than a decade (oil industry) but we’d had 121mhz beacons on those jackets for years even then.

PLB is modern 406 type nice and compact, it appears to be cheaper to buy the lifejacket fitted with PLB than it is to buy a standalone beacon Cactus price Ocean Signal RescueMe PLB1 Personal EPIRB (730S-01261)