Reimbursement for losses
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Discussion

BertBert

Original Poster:

21,309 posts

242 months

Monday 16th March 2015
quotequote all
- Bought and installed new safety equipment for race car over the winter. Modded car to do so. Old item no longer fits.
- Notified by retailer that manufacturer has recalled item and will send replacement parts.
- Despite multiple chasing by me and subsequent reassurances by retailer, new parts not arrived.

If I miss the test day as a result, can I ask the retailer to cover my losses? I'll mitigate them and cancel where I'm able, but I will be out of pocket.

Cheers
Bert

Fizpop

332 posts

200 months

Monday 16th March 2015
quotequote all
Depends upon the terms and conditions of the supply contract are. I'd be very surprised if 'consequential losses' are included given the type of product.
I'd presume you couldn't claim for the losses you state but I'm no lawyer.

BertBert

Original Poster:

21,309 posts

242 months

Monday 16th March 2015
quotequote all
You are probably right. Hey ho!
Bert

TooMany2cvs

29,008 posts

157 months

Monday 16th March 2015
quotequote all
So, basically, a serious issue has been found with this safety equipment, and the supplier has acted very quickly to recall the affected products. So quickly that they haven't actually resolved the issue yet, which means replacements aren't available.

Is this a bad thing?

What would your reaction be if you found that they'd delayed recalling until they had replacements developed, manufactured, and stocked in sufficient quantities to replace immediately... and that somebody had been seriously injured or killed because of that fault in the interim?

Damned if they do, damned if they don't.

SydneyBridge

11,862 posts

189 months

Monday 16th March 2015
quotequote all
What losses do you have by not attending a test day?
You have saved money, it will be hard to quantify any loss, say for loss of practise time

flemke

23,508 posts

268 months

Monday 16th March 2015
quotequote all
TooMany2cvs said:
So, basically, a serious issue has been found with this safety equipment, and the supplier has acted very quickly to recall the affected products. So quickly that they haven't actually resolved the issue yet, which means replacements aren't available.

Is this a bad thing?

What would your reaction be if you found that they'd delayed recalling until they had replacements developed, manufactured, and stocked in sufficient quantities to replace immediately... and that somebody had been seriously injured or killed because of that fault in the interim?

Damned if they do, damned if they don't.
You need to go back a step. It's the manufacturer's responsibility to ensure that it releases no product before it is proven and ready to be supplied.

TooMany2cvs

29,008 posts

157 months

Monday 16th March 2015
quotequote all
flemke said:
It's the manufacturer's responsibility to ensure that it releases no product before it is proven and ready to be supplied.
Yes, it is. Unfortunately, perfection is impossible. Errors happen with every company. If/when a product gets released, and a serious issue found later, then what...? Recall it immediately, or wait until the replacement's ready (and thoroughly tested to ensure no repeat) and in sufficient stock before recalling it?

BertBert

Original Poster:

21,309 posts

242 months

Tuesday 17th March 2015
quotequote all
sorry for the lack of interaction, been busy fitting the new bits for tomorrow when they arrived at lunchtime today (phew). To add a little more to my (now thankfully unneeded question)...

The harness in question was a new one I bought a couple of months ago. The communication from the retailer (starting about 5 weeks ago) said I was going to get the new one in a short time, then in a week, then in a few days, then the next day. This was in response to my chasing with more and more urgency, communicating the deadline (of tomorrow). So it wasn't that there was a recall and the solution was some nebulous time in the future. If that had been the case I would have sought an alternative harness from the retailer or from another source (having got my money back).

The loss would have been the un-refundable test day fee.

Anyways, happily all academic now!

Bert