HH VHF battery saga & seamarknunn

Go back and point out to them that under the Sale of Goods Act *they*, not the manufacturers, are responsible and that you want a replacement or refund immediately since it is clear that the faulty battery was not fit for purpose

That's the two key points - it is the retailer who is responsible in law and it is a generally accepted precedent that anything which packs up in less than 12 months was by definition not fit for purpose. (generally is not universally and obviously this would not apply to something which could not reasonably be expected to last longer like, for example, an AA battery!)

The retailer can choose to repair, replace or refund (and legally they are allowed a "reasonable" period of time to ascertain if the faulty item can be repaired rather than replaced but in the case of a faulty battery a repair is highly unlikely to be feasible). If they incur costs as a result, it is their problem trying to get the money out of the manufacturer or distributor.

To date, every time a retailer has tried to pull the "it's got to go back to the manufacturers" stunt on me, they've changed their minds when I've stood my ground and hit them over the head with the Sale of Goods Act! I'v also found that if you don't give in to the repair option and stand there politely refusing to give up, they get bored after a while and offer a replacement or refund!

Don't let the b*st*rds grind you down!

Bru

+ 1
I do exactly the same... got so fed up with retailers puling that stunt!
 
Go back and point out to them that under the Sale of Goods Act *they*, not the manufacturers, are responsible and that you want a replacement or refund immediately since it is clear that the faulty battery was not fit for purpose

That's the two key points - it is the retailer who is responsible in law and it is a generally accepted precedent that anything which packs up in less than 12 months was by definition not fit for purpose. (generally is not universally and obviously this would not apply to something which could not reasonably be expected to last longer like, for example, an AA battery!)

Bru
That is a rather simplistic view. At this stage it is not even clear that the battery was faulty, it is possible that there has been some mistreatment of it, or perhaps some fault in the charging circuit has cooked it.

It is true that the onus is on the retailer to prove that the goods were not faulty, but in order to do so he must be allowed to make reasonable tests - such as sending it back to the manufacturers. There is no time limit within the retailer has to repair the goods and no one can consider their actions in sending it back to the manufacturer as being unreasonable so the OP needs to wait a reasonable amount of time
 
Go back and point out to them that under the Sale of Goods Act *they*, not the manufacturers, are responsible and that you want a replacement or refund immediately since it is clear that the faulty battery was not fit for purpose

That's the two key points - it is the retailer who is responsible in law and it is a generally accepted precedent that anything which packs up in less than 12 months was by definition not fit for purpose. (generally is not universally and obviously this would not apply to something which could not reasonably be expected to last longer like, for example, an AA battery!)

The retailer can choose to repair, replace or refund (and legally they are allowed a "reasonable" period of time to ascertain if the faulty item can be repaired rather than replaced but in the case of a faulty battery a repair is highly unlikely to be feasible). If they incur costs as a result, it is their problem trying to get the money out of the manufacturer or distributor.

To date, every time a retailer has tried to pull the "it's got to go back to the manufacturers" stunt on me, they've changed their minds when I've stood my ground and hit them over the head with the Sale of Goods Act! I'v also found that if you don't give in to the repair option and stand there politely refusing to give up, they get bored after a while and offer a replacement or refund!

Don't let the b*st*rds grind you down!

Bru

Accept all that, except having read it up today as I am having problems with HP and one of their printer (my third replacement is now on way!), there appears to be a general principle that after six months the onus switches. In the first six months it is up to the retailer to demonstrate that the product has been abused and that led to the failure; after six months the onus is on the purchaser to show that it hasn't been abused. Hence them sending it back to the manu.
 
Accept all that, except having read it up today as I am having problems with HP and one of their printer (my third replacement is now on way!), there appears to be a general principle that after six months the onus switches. In the first six months it is up to the retailer to demonstrate that the product has been abused and that led to the failure; after six months the onus is on the purchaser to show that it hasn't been abused. Hence them sending it back to the manu.

That is indeed the legal position and I stand corrected (well, sit actually) on the timescales - although there is no definition of how long is reasonable and there is the caveat that it must not cause the purchaser undue inconvenience

My point is that I don't accept this from a retailer at face value and I stand my ground pretty firmly and usually sucessfully - I'm an honest bloke and if I broke it I don't try and pull a fast one so if it packed up through no fault of mine I don't see why I should be without it for months on end.

In any case, "we'll have to send it back to the manufacturer" is almost certainly a crock of sh*t 'cos the manufactuer will usually be in the Far East and the shipping costs alone would make it more expensive to return it than to simply replace it! It is, in my experience (having been on the other side of the counter in an IT retail environment) a device to try and avoid replacing the item out of the retailers stock 'cos they know they'll then have difficulty getting a replacement out of the distributor they bought it off. That was certainly the case at a firm where I used to work and, in fact, I left the company for another job primarily because I was sick of lying to customers.

I have some sympathy for the retailer to be fair - they're potentially going to end up losing money on the deal and people do try and get refunds on things they've damaged through their own negligence but OTOH if I've paid out some of my valuable hard earned on somthing I expect to have it in my posession in working order not languishing on a shelf for months on end whilst the buck gets passed around between retailer, distributor and supplier.

In the specific case in question the OP did say that a new battery was tried in the shop and worked. That pretty much confirms that the fault is in the battery. A visual examination of the battery casing will confirm whether or not it has been physically damaged and beyond that there's not much anybody can prove one way or the other as to how the battery came to fail. If I was the retailer I'd refund or replace without further delay and if necessary take the hit for the sake of good customer relations. OK, so maybe I'd go out of business but my customers would love me :)

Anyway, hope the OP gets a replacement battery sooner rather than later, I'm gonna get back to trying to match my shopping list for the new boat to my bank balance!!!

Cheers
Bru
 
You need to be clear here as people can confuse the electronics sales in Foxs Chandlery with Foxs Electronics. Always found the latter very helpful.

Apologies if i wasn't clear enough, my poor experiences have both been related to the electronics dept in the chandlery. I find the staff in there especially unhelpful, un-knowledgeable and sometimes down right rude. In contrast, the staff in other areas of the chandlery have always seemed helpful.

I had occasion to deal with the yard for a lift on once and their service was nothing short of first class.
 
Go back and point out to them that under the Sale of Goods Act *they*, not the manufacturers, are responsible and that you want a replacement or refund immediately since it is clear that the faulty battery was not fit for purpose

That's the two key points - it is the retailer who is responsible in law and it is a generally accepted precedent that anything which packs up in less than 12 months was by definition not fit for purpose. (generally is not universally and obviously this would not apply to something which could not reasonably be expected to last longer like, for example, an AA battery!)

The retailer can choose to repair, replace or refund (and legally they are allowed a "reasonable" period of time to ascertain if the faulty item can be repaired rather than replaced but in the case of a faulty battery a repair is highly unlikely to be feasible). If they incur costs as a result, it is their problem trying to get the money out of the manufacturer or distributor.

To date, every time a retailer has tried to pull the "it's got to go back to the manufacturers" stunt on me, they've changed their minds when I've stood my ground and hit them over the head with the Sale of Goods Act! I'v also found that if you don't give in to the repair option and stand there politely refusing to give up, they get bored after a while and offer a replacement or refund!

Don't let the b*st*rds grind you down!

Bru

I think you are wrong.

After six month's the retailer has every right to clear things with his supplier and respond within a reasonable time.

I think Seamark will be very offended by you calling them b*st*rds and I think you should apologise.
 
I think you are wrong..

I frequently am ... I just never ever admit it!

After six month's the retailer has every right to clear things with his supplier and respond within a reasonable time.

I think there we'll have to agree to disagree otherwise we'll be going round in ever decreasing circles

I think Seamark will be very offended by you calling them b*st*rds and I think you should apologise.

It was a general comment on the world at large rather than a specific reference to any one company or person. If someone from Seamark Nunn objected I would certainly apologise for any unintentional offence.

And for clarity, I am not suggesting for one moment that Seamark Nunn are acting unlawfully or dishonestly. Nor, for that matter, that they are necessarily acting in an unusually unreasonable manner. I do think in the particular circumstances under discussion that the delay is pointless but more generally I am, in fact, admitting that, in similar situations, as a customer I sometimes and with malice aforethought act in an (arguably) unreasonable manner in order to get what *I* want which is the faulty bit of kit replaced or my money back pronto :)

"Don't let the b*st*rds grind you down" works both ways you know (boy does it ever - try working nights in a trunk route service area. :))

Bru the intransigent
 
I'm the guilty one

Dear Mr Patten

As you have taken it upon yourself to air any grievance you may or maynot have with regards your replacement battery for your Entel radio – in a public forum, it seems only fair to provide correct facts, as the ‘they’ you refer to, was myself! So I will refer to the ‘they’ as ‘I’. I am very familiar with the Entel HT640 VHF radio, as I have one myself – which has given me years of faultless operation, and still on the original battery giving the full 14 hour battery life cycle still, after must be now over seven years old. It was indeed with my own personal set that tested the faulty battery against. The failure rate with this set and it’s accessories is so rare, can’t even recall the last one! And we sell this set in ‘full scale’ volume, along with several other leading brands.

For this reason, if a fault does occur – it would seem sensible and appropriate to investigate the cause of the problem further. As I’m sure any reasonable person would agree, it would be pointless to provide a new battery if the fault has been caused by the consequence of something else e.g the radio, or cradle, or mains adapter, or end user. So as you’d hopefully recall – I tried to get hold of the service engineers at Entel immediately on the phone. Unfortunately they were not available, as they were at lunch – which wasn’t unreasonable, as it was lunchtime – so seemed to be quite an appropriate time to be having some. At this point, you made me aware that you’d ‘like’ a new battery, however for the reasons stated above – in my view, not the appropriate action – what’s the point in a new battery if the fault’s somewhere else possibly?!

Neither yourself, or myself, or indeed the contributors on this thread know the exact possible cause of possible suspected failure on this particular battery. In my opinion, the people best placed to evaluate are the manufacturers Entel – who as a UK manufacturer have dedicated engineers, and ISO9001 accreditations reflective of a very high quality manufacturer with associated service and support. It is indeed one of the manufacturers I am proud to represent, and would have no hesitation in recommending to anyone. The battery has a unique serial number, so it’s roots are fully traceable. It is indeed one of the few radio’s where even the battery has a unique serial number – a sign of a manufacturer that takes pride in offering accountability and traceability.

I agreed to send the set back to you, so not involving any additional travel or time for yourself. At no point did I try to sell you a new battery, so to say so is simply misinformation or misinterpretation on your part. At which point you left. Immediately at 2pm (at the delay of my lunch : -( ) , I recalled Entel – and managed to speak to a very helpful engineer, who advised me of several tests (with a multimeter) to try. Of which I did immediately, fighting hunger. Left on charge, to further evaluate. When apparent that the battery was not accepting any charge, sent on an overnight courier to Entel, of which they professionally acknowledged receipt of yesterday, of which the email of confirmation was forwarded to yourself today. A same day courier to Entel would have seemed excessive. Entel have already been in contact with us today on the phone to acknowledge that the battery has a fault, but they are performing various tests to try and pin down the cause of the problem.

The reason I have my own personal Entel handheld vhf at work, is to loan to people when needed. However, was not given the opportunity to offer that to you, a case that you can only help the customers who want to be helped. By far the easiest solution would have been to give you a new battery, however as mentioned several times – in my view, not appropriate. Why would you be on your third battery, when my (much older) set is functioning still perfectly on the original?

So I apoligize of trying to get to the root of your battery problem. The easiest (and in fact less costly without overnight courier charges etc), would have been to give you a new battery, but not if six months down the line just needed to do the same again! However, you can’t please all the people all the time. I would however ask if you have a grievance, a sensible ‘grown up’ approach would be to communicate directly with us first, and directors here as necessary. Battery brought in lunchtime Tuesday, battery tested immediately after lunch, overnighted to Entel for Wednesday, already being tested on Thursday! If you would just like a refund on the battery, no problem. Good job there’s not more serious things happening in the world! Had my lunch at four pm, was worth the wait.
In good faith, Steve
 
I frequently am ... I just never ever admit it!



I think there we'll have to agree to disagree otherwise we'll be going round in ever decreasing circles



It was a general comment on the world at large rather than a specific reference to any one company or person. If someone from Seamark Nunn objected I would certainly apologise for any unintentional offence.

And for clarity, I am not suggesting for one moment that Seamark Nunn are acting unlawfully or dishonestly. Nor, for that matter, that they are necessarily acting in an unusually unreasonable manner. I do think in the particular circumstances under discussion that the delay is pointless but more generally I am, in fact, admitting that, in similar situations, as a customer I sometimes and with malice aforethought act in an (arguably) unreasonable manner in order to get what *I* want which is the faulty bit of kit replaced or my money back pronto :)

"Don't let the b*st*rds grind you down" works both ways you know (boy does it ever - try working nights in a trunk route service area. :))

Bru the intransigent

You don't sound too bad a bloke after all !

Let's put it down as a bad day at the Services.

Anyway. Most of these gizmo's are a pile of rubbish anyway.

I see the average yachtsman returning headlong into terminal realism by using semaphore, loud shouting and whistling to communicate in the future.

This will create a natural offset for future windfarms which are already causing too many tacks.

Dumping our relatives and heading for consumer heaven may no longer be an option than it is now ! .
 
Battery Issue

As the manufacturer of the faulty battery, I can confirm that Entel received this back from Seamark Nunn on Tuesday this week (Seamark Nunn received it on Monday of this week). It is now Friday - less than a week. As is usual with any manufacturer who receives back a product with an enexpected fault, the battery has been submitted for diagnostic tests. If the battery, which is still within warranty, is found to be genuinely faulty and this is not due to misuse by the end-user, it will be replaced immediately at the manufacturer's expense. We pride ourselves on offering a swift, friendly and courteous service, as does our agent, Seamark Nunn, who are certainly not to blame in any way. As with most things in life, it is usually best to wait and examine all the facts before shooting from the lip - so thank you and well done to those correspondents who have taken a more measured view of this unfortunate situation.
 
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