Hi All,
this is involving some materials I brought through my company (electrical)..
Had a recall notice on a product, looking for any confirmation on legislation as follows:
4 thermostats are faulty apparently, a component can burn out and stop working. Company have offered to provide replacements.
Their T&Cs (not sent at time of purchase, invoice says available on request).
"8.1. SCOPE: Goods are guaranteed against concealed defects in pursuance of Article 1641 and subsequent articles in the Civil Code for a period of one month counting from the delivery date. The vendor's warrantee is limited to defects that are inherent to the goods sold and which existed on the day on which they were sold. The vendor's liability cannot be invoked in the event of abnormal use of the goods or failure to follow safety rules, and notably responsibility transfers to the end user in the case of orders where installation and end use do not follow the FLEXELEC recommendations for installation and use. Under this warranty, the only obligation incumbent on the vendor shall be free replacement or repair (vendor's choice) of a product or component recognized as being defective by his departments. To benefit from the warranty, all products must be submitted to the vendor's after-sales service beforehand, which must provide its approval for any replacement to be provided. Any carriage costs shall be borne by the purchaser.
8.2. EXCLUSIONS: The warranty shall not apply to conspicuous defects. Faults and deterioration due to normal wear and tear or an external accident (incorrect assembly or installation, poor storage conditions, abnormal use, etc.), or due to a modification of the goods which was neither foreseen or specified by the vendor shall also be excluded."
Now, they will not pay us to return to the job and replace the units.
As far as Im concerned, you are selling a product as fit for purpose, on issuing a recall you are removing the "fit" and therefore should be issuing financial compensation to the customer to cover their time rectifying the issue or should send your own service engineer.
Surely you can not put that in your T&Cs and have it hold?, Its going to cost customers money due to their faulty product......
So basically, Can they do this or should they be responsible for paying either us or their service agent to go out?
Many Thanks!
this is involving some materials I brought through my company (electrical)..
Had a recall notice on a product, looking for any confirmation on legislation as follows:
4 thermostats are faulty apparently, a component can burn out and stop working. Company have offered to provide replacements.
Their T&Cs (not sent at time of purchase, invoice says available on request).
"8.1. SCOPE: Goods are guaranteed against concealed defects in pursuance of Article 1641 and subsequent articles in the Civil Code for a period of one month counting from the delivery date. The vendor's warrantee is limited to defects that are inherent to the goods sold and which existed on the day on which they were sold. The vendor's liability cannot be invoked in the event of abnormal use of the goods or failure to follow safety rules, and notably responsibility transfers to the end user in the case of orders where installation and end use do not follow the FLEXELEC recommendations for installation and use. Under this warranty, the only obligation incumbent on the vendor shall be free replacement or repair (vendor's choice) of a product or component recognized as being defective by his departments. To benefit from the warranty, all products must be submitted to the vendor's after-sales service beforehand, which must provide its approval for any replacement to be provided. Any carriage costs shall be borne by the purchaser.
8.2. EXCLUSIONS: The warranty shall not apply to conspicuous defects. Faults and deterioration due to normal wear and tear or an external accident (incorrect assembly or installation, poor storage conditions, abnormal use, etc.), or due to a modification of the goods which was neither foreseen or specified by the vendor shall also be excluded."
Now, they will not pay us to return to the job and replace the units.
As far as Im concerned, you are selling a product as fit for purpose, on issuing a recall you are removing the "fit" and therefore should be issuing financial compensation to the customer to cover their time rectifying the issue or should send your own service engineer.
Surely you can not put that in your T&Cs and have it hold?, Its going to cost customers money due to their faulty product......
So basically, Can they do this or should they be responsible for paying either us or their service agent to go out?
Many Thanks!