Simrad response

[Mr Cassandra]

Hello all
I bought a Simrad Wp30 Wheelpilot in Greece on 23rd Oct 2001 by Credit card .Used the thing for about three weeks, then put it away for the winter lay up . Next season used again for about 6 weeks. the thing then started wandering/ changing direction without warning !!Returned it to the place that I bought it from and left it with them . Kept in touch by phone alway got the same reply not ready /No problem .this lasted 10months . So this spring went to the shop to complain .so they handed it back to me as it was .When I returned to Uk sent the unit to Simrad direct stating when bought they said no Problem there is a 24 month guarantee. Today receved a letter from Simrad wanting £255 to repair
it, they said it was over 24months old from when they made it ,not from when I bought it . I said I could prove that I bought it with a credit card on the day stated . They said that I could have bought otherthings with a credit card at that shop and said I had bought a Wp30.

What should I do
cheers bob t


<hr width=100% size=1>boss1

 

[ecudc]

tough one. Lost the receipt I supose?

Any chance of getting in touch with shop to see if they have any record of what you purchased, as you paid by credit card it should be relatively easy to match the transaction.

You could also have a look to see if your credit card offers insurance that might cover it.

Also try asking for date of manufacture. If the date is only just aoutside the 24 months mark then you could argue that the product is not fit for the purpose for which it is sold. Friend did something similar when waterproof watch went un waterproof 1 month after guarentee expired. I'll have a look into consumer protection website as I've got some time on my hands.

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[ecudc]

Try:

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt
http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0054-1111.txt

and

http://www.which.net/campaigns/retail/cls/13.pdf

YOU DO NOT NEED A RECEIPT.

"You must produce your receipt Not true - in fact, the trader doesn't have to give you a receipt in the first place so it would be unfair to say that you had to produce one. However, it might not be unreasonable for the shop to want some proof of purchase, so look to see if you have a cheque stub, bank statement, credit card slip etc, and this should be sufficient."

THE RETAILER SHOULD BE YOUR POINT OF CONTACT AND THEY SHOULD BE TALKING TO MANUFACTURER.

"It isn't our fault the goods are defective - go back to the manufacturer. Not true - you bought the goods from the trader, not the manufacturer, and the trader is liable for any breaches of contract (unless he was acting as the manufacturer's agent)."

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[Mr Cassandra]

Hi thanks for the reply .Yes I lost the receipt! And after having words with Greek shop owner for doing nothing for 10mts I don`t think he will help.
I asked Simrad when it was made but they would not tell me other than it was marked Q . their secret code so do not know it age.
cheers bobt

<hr width=100% size=1>boss1

 

[Metabarca]

Surely if a piece of electronic equipment designed for marine use has a 'best by' date, it might be argued that it was not 'fit for purpose'. I should get in touch with the trading authorities if I were you.

<hr width=100% size=1><A target="_blank" HREF=http://www.comoy.com/saillinks.html>http://www.comoy.com/saillinks.html</A>

 

[MADFISH]

No worries.

What you need to know about is section 75 of the Consumer Credit Act 1974.
This section makes credit providers equally liable for contracts made using their credit. (Contracts must be valued between £100 and £32000)

What you need to do is to write to your credit card supplier/bank using the above legislation as a title of the letter. State what you bought and when you bought it. When it went wrong and the use it has had.

Then quote to them that section 14 of the Sale of Goods Act 1974 (as ammended) states that goods should be fit for their purpose and of satisfactory quality. This also implies that they should be reasonably durable. Tell them that if they fail to organise a repair of the product within the next 28 days you will consider legal action.

This should start the ball rolling.......

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[ghostwriter]

working in electronics aftersales , but in a totally different branch , I'd say that it is the first time I ever hear or see a company claiming that warranty applies to the manufacturing date , that is utter bollox. If that were true , it would mean that they can produce something , leave it on a shelf for the warranty period and then sell it to you without warranty....haha , that's rich. Warranty starts at sales to end-user , point final but then you do need to prove the sales date.

on the continent I would immediately say that this point of view (Simrad's ) is absolutely illegal...but then you guys drive on the other side of the road , so what do I know ? still not eager to join the EC ?? (there are some pretty tough EC directives on customer warranty , either applicable or in the pipeline , that can also be a line of d-fense).

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[Mr Cassandra]

Hello again
I have just spoken to trading standards . They stated that I cannot claim under the guarantee,direct from the manufaturer ,in law only the supplier is responsible
to the buyer .It has been changed recently but as I bought my Wp 30 . 18 mts ago the law is not retro...wonderful !! As to the credit card answer I only used the card for £500 of the bill the rest was cash.
Not very pleased with Simrads response though ,
cheers bob t

<hr width=100% size=1>boss1

 

[claymore]

Bite the Bullet

I've read all the responses so far and have a feeling that you are not going to win this one without a load of grief, time and expense.
If it was me -I'd be thinking that this is one I have to take on the chin - I'd chump up the £200 quid as that would give me the desired outcome - re-uniting with a working autohelm.
It's 200squids - it isn't a weeks pay and your sanity and blood pressure are worth more.

<hr width=100% size=1>regards
Claymore
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[Mr Cassandra]

Re: Bite the Bullet

I think you may be right . although I have spoken again to the factory ,with a small mention that we were discusing my problem on this forum .And they are going to have another a look at the situation ,I have offered to pay a service charge .so we will have to see .

<hr width=100% size=1>boss1

 

[ecudc]

Re: Bite the Bullet

Sounds more hopefull then. Basically you would hope that for the sake of good customer relations that they would want to come to a reasonable settlement. You really are in the right here even if it will be tricky (but certainly not impossible) to prove. Talk to trading standards again I think they would probably say that if they don't agree to repair the thing under the warentee then you have reasonable grounds for legal action and quite often the threat of further action works. It did with me after sending off increasing shirty letters to estate agent who was not returning deposit on rental accomodation, one registered letter threateneing talking to lawyers and the deposit turned up in 3 working days.

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[Jools_of_Top_Cat]

Re: Bite the Bullet

Would you give me a contact name and email addy, I have a WP10 and would like to clarify this manufacture date crap, it will also show that people are listening to what you are saying and will help you with your battle.

I would actually like to know this information.

<hr width=100% size=1>Julian

<A target="_blank" HREF=http://www.topcatsail.co.uk/TC_minicruise_2003_01.html>Cardigan Bay Cruise</A>

 

[pvb]

£500 on credit card...

Could be wrong, but I always thought that even if you only paid a part of the purchase on credit card, you could still jointly claim against the retailer and the card issuer. If you win, and the retailer doesn't pay, the card issuer certainly will. I have sued a retailer and NatWest (as card issuer) jointly, and NatWest paid in the end. We're still friends though (almost!)

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[FlyingSpud]

If a buyer is in Greece, buying from a Greek shop, doesn’t that mean Greek law applies?

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[pete]

Hi
Through my experience with Garmins excelent after sales service even when out of guarantee I would only ever buy a GPS made by them, From what I,ve heard about Simrad I would not consider there stuff given a chioce.
Pete

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[dk]

Actually, we are in the EC, we just don't want your funny money!

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[ghostwriter]

reads like : I'm in this pub but I'm bringing my own beer as I don't like the beer served in that pub.

you might be in on paper , but do you really think we look at it that way ???

looks like even Turkey is gonna beat you guys at it /forums/images/icons/laugh.gif

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[dk]

I don't mind drinking the beer (even if the gnats did got there first), I just don't want the landlord telling me how much of my pay packet I can spend on it!
D

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[Mr Cassandra]

Re: Bite the Bullet

Hi
The e-mail is. simrad-fareham.service@simrad.com
The first person name was Johnathan . I had better results with the service Manager Jeff Sargent .But still do not know where I stand at this time regardes the repair . cheers bob t

<hr width=100% size=1>boss1

 

[Mr Cassandra]

Re:Good News

Good news Simrad are reparing the unit Free of charge.
wish to thank all for the helpful suggestion and advice.
Cheers bob t

<hr width=100% size=1>boss1