If you bought something expensive to install.....

[jerryat]

HI Joe,

I'm afraid your instance of payment for haul-out etc is not consequential loss, but merely the 'replacement' of faulty goods under the Trades Description Act.

Now, if you'd tried to claim that because your anti-fouling was faulty and had to be replaced you had missed a couple of days at work and had tried to charge them for THAT cost, you would not be entitled to reclaim that under the Act.

The reason? The anti-fouling supplier could not forsee that the malfunction of their product might have resulted in two days loss of salary for you, nor what the cost of that might have been. In other words, you can't reasonably expect a Company or individual to become responsible for something, the consequences of which they cannot possibly forsee!

Won't bore you with any more. I know it doesn't seem fair to Becky and I sympathise, but whilst she is perfectly entitled to have the faulty unit replaced, and can ASK for a 'contribution' towards the cost/hassle involved, I do not believe (not having seen the contract/Terms and conditions) she is ENTITLED to it.

Consequential loss is NEVER legally claimable in my contractual experience unless specified (and usually limited) within the contract or offered gratuitously for reasons of goodwill or the like.

Cheers Jerry

 

[Captain Coochie]

Why not post here , if a company and supply company cant get thier act together and they supply faulty goods then tough doody baby! We will complain ! I for 1 have had enough bs off Paslode and Dewalt to decide not to buy from them . All big companys want is the money and cheaper parts . There is no pride in goods from a big company !

 

[Joe_Cole]

Sorry Jerry, but I don't know why you are bringing the Trade Description Act into this.........you'll find other legislation is much more relevant.....it simply highlights that you are barking up the wrong tree.

Still, I think that Becky had had enough advice now. I hope she gets this sorted. I'm going to bed.

 

[jimi]

I suspect you should have spoken to the winch peeps before incurring the cost. If you had do ne and followed their advice they would have no case to answer IMHo

 

[jerryat]

'morning Joe!!

Don't blame you for going to bed - I was sitting in bed wen I made the post! /forums/images/graemlins/smile.gif

I appreciate that there is other legislation, but referred to the S of G Act since this is the one known by most people. What I was trying to clarify was what constituted consequential loss.

Of course many, the Americans with their litigation culture in particular, are pushing the boundaries all over the place, but as far as I'm aware (having been out of the contract loop for several years) the broad situation I decribed still prevails in the UK.

I agree Becky must be reeling with info/opinion and, quite frankly, she has nothing to lose by trying to recover the associated costs. My approach though, would be one of asking for full payment/contribution rather than demanding one.

I'm sure Becky will know how to play it and I wish her all success. /forums/images/graemlins/smile.gif /forums/images/graemlins/smile.gif

Becky, do let us know the result!!

Cheers Jerry

 

[graham]

Sorry to hear your tale of woe .

did you contact the manufacturer or supplier when you discovered it didnt work?Possibly they could have sent a service engineer to sort it out or replace it.

 

[Guest]

Trading standards ...

Fit for purpose and merchantable quality.

I would threaten small claims court if they refuse - costs you nothing ....

SCC will also advise you of what you can claim ....

 

[Danny_Labrador]

Straight forward approach – that what’s needed.

Dare I say it, that I see it from the other side, (not a marine retailer I hasten to add).

Contact the company that sold it directly to you, not the manufacturer, face to face if possible, be polite and friendly, explain the problem and you want some help with a resolution. Wait for their response.

Don’t go in all tooled up with, consumer legislation, cost of board room meetings, small claim court threats etc. etc.– you will get much more by being polite and sensible. If you make threats initially everyone will harden up and run for cover of the legal best position as they see it. It could take month or years rather than days to resolve.

Consumer law is surprisingly even handed if it has to be called into action, so if you have to resort to this you will get the minimum going.

Mistakes happen in all walks in life, generally, once organisations are made aware of what has happened they will try to make amends.
Don’t get into any detailed technical discussions (DC motor rotations etc.) unless you are absolutely expert in the field, you may just dig yourself an hole.

It would have probably been better to have told them immediately you found the problem before yanking it off again, you have, in a way, taken that job out of their area of responsibility (should they had wanted to accept it as such).

If this doesn’t work, and you are not satisfied, then put a factual complaint in writing to them with a copy to the manufacturer. Again, don’t go off message with dribble about costs of meeting etc.

 

[cliff]

[ QUOTE ]
Why not post here , if a company and supply company cant get thier act together and they supply faulty goods then tough doody baby! We will complain ! I for 1 have had enough bs off Paslode and Dewalt to decide not to buy from them . All big companys want is the money and cheaper parts . There is no pride in goods from a big company !

[/ QUOTE ]I would suggest you PM jimi and ask about his rudder saga, then maybe you will understand why public postings are not always a good idea something to do with possibly winding up in court.
----------

“Artificial intelligence is no match for natural stupidity”
Skype id:cliffillupo

 

[Guest]

public posting ...

obviously careful wording has to be exercised and also you cannot directly quote the offender / other party ....

You also have to be absolutely sure of your being right !!!

 

[andy_wilson]

If ever there was a case....

.. for getting the yard to Supply and Fit, then there would be no question here.

Your consequential loss claim against the retailer you bought it from is fraught with obstacles. They will probably assert that they supplied the thing in a box at the boat show, and invite you to deliver the faulty one back there (or some other agreeable location) for assesment of fault and probable replacement.

The lesson has to be - do all the prep. work you can to save on yard bills, and let the yard obtain (at trade price), supply and do the final fit.