Legal Advice...Whats my position???
15-02-2005, 04:21 PM
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Legal Advice...Whats my position???
I have a control system that uses a particular sensor type.
When i needed to replace them i contacted a Sensor company local to me for them, last year in May.
The guy at the company told me he exact replacement for the sensors made by someone else which were cheaper.
I bought these and fitted them.
From then on the system never worked.
I refused to consider the sensors may not work, and eventually it was the only thing left to check.
I tried the original nes and the worked perfectly.
I contacted the company and explained all this to the guy.
He said to me 'Just cut them off and send them back to me, no fancy post just bung them in an envelope, when i receive them i'll give you a refund'.
I sent them back that same day and days later still no refund.
Contacted him and this was the repsonse despite our phone conversation...
'When you telephoned us you advised that the sensors had not suited the application and you were unable to get a satisfactory signal into your speed control. You advised that an ifm product which you had taken on loan from a third party had provided a signal. You did not indicate that our sensors had suffered any failure in use.
Under our terms of supply, and on a basis of reasonableness, the return of goods in February 2005, which were originally supplied in May 2004, is well out of warranty time. You unfortunately did not advise us of the problem at the earliest opportunity.
We would normally be unable to accept return of goods which were specially sourced for the order and not taken from our regular stock. Even on a goodwill basis we are only able to accept goods back into stock if they are returned in as new functioning resaleable condition. We would normally make a restocking charge of at least 25%
In these circumstances any full or partial refund would be on a goodwill basis only and as indicated to you in our telephone conversation we were, on the basis of your initial information, prepared to at least consider a refund
We have found that the sensors have been subject to unusual mechanical contact or stress which has caused scoring and cuts to the sensor plastics face
We have found that the cables have been shortened from the original 2m length
Our own electrical tests have raised queries as to whether the sensors have been subject to an electrical, environmental or mechanical usage, outside of a reasonable use, which has caused malfunction or premature failure
Before arriving at a decision we are taking independent advice, since the sensors were functioning correctly when delivered to us and later despatched to you.
We apologise for the short delay in providing our final response, but you will understand that we wish to be completely fair and accurate in our assessment of your reported problem, so that both you and we can be properly informed. We shall also take into consideration whether there is any fundamental incompatibility between the specification of the ifm sensor and our sensor'
So where do i stand???
When i needed to replace them i contacted a Sensor company local to me for them, last year in May.
The guy at the company told me he exact replacement for the sensors made by someone else which were cheaper.
I bought these and fitted them.
From then on the system never worked.
I refused to consider the sensors may not work, and eventually it was the only thing left to check.
I tried the original nes and the worked perfectly.
I contacted the company and explained all this to the guy.
He said to me 'Just cut them off and send them back to me, no fancy post just bung them in an envelope, when i receive them i'll give you a refund'.
I sent them back that same day and days later still no refund.
Contacted him and this was the repsonse despite our phone conversation...
'When you telephoned us you advised that the sensors had not suited the application and you were unable to get a satisfactory signal into your speed control. You advised that an ifm product which you had taken on loan from a third party had provided a signal. You did not indicate that our sensors had suffered any failure in use.
Under our terms of supply, and on a basis of reasonableness, the return of goods in February 2005, which were originally supplied in May 2004, is well out of warranty time. You unfortunately did not advise us of the problem at the earliest opportunity.
We would normally be unable to accept return of goods which were specially sourced for the order and not taken from our regular stock. Even on a goodwill basis we are only able to accept goods back into stock if they are returned in as new functioning resaleable condition. We would normally make a restocking charge of at least 25%
In these circumstances any full or partial refund would be on a goodwill basis only and as indicated to you in our telephone conversation we were, on the basis of your initial information, prepared to at least consider a refund
We have found that the sensors have been subject to unusual mechanical contact or stress which has caused scoring and cuts to the sensor plastics face
We have found that the cables have been shortened from the original 2m length
Our own electrical tests have raised queries as to whether the sensors have been subject to an electrical, environmental or mechanical usage, outside of a reasonable use, which has caused malfunction or premature failure
Before arriving at a decision we are taking independent advice, since the sensors were functioning correctly when delivered to us and later despatched to you.
We apologise for the short delay in providing our final response, but you will understand that we wish to be completely fair and accurate in our assessment of your reported problem, so that both you and we can be properly informed. We shall also take into consideration whether there is any fundamental incompatibility between the specification of the ifm sensor and our sensor'
So where do i stand???
15-02-2005, 05:23 PM
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I didn't, i had the original ones, and they were specially bonded in place, but were not in the correct position i found out afterwards, needless to say they were destroyed whilst being removed as they are very fragile.
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15-02-2005, 06:39 PM
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We are in the air con/fridge industry..had this sort of thing a few times from suppliers....really I don't think you've got a leg to stand on...its tit for tat...they will argue one point you the other...the only place to go is small claims...not worth while to pursue for Ł90...they know that!!..they will take the stance (if they don't want your business) you arn't worth looking after so why should they pay out....very harsh...bad customer service...but thats the world today....
Regards
Ian
Regards
Ian
16-02-2005, 08:05 AM
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Ive contacted them again, so i'll wait to see what they say.
If they still wont play ball, then i'll try what you suggest...
That would be better than nothing.
If they still wont play ball, then i'll try what you suggest...
That would be better than nothing.
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