My baby puked on a drill, do I have to buy it, drill that is
Discussion
Hi, any lawyer or legal buffs out there? Went to local builders merchant that i spent £4000 in last year, they had a drill on the counter which they were selling reduced to clear old stock and my baby threw up some milk on the drill charger. Told us at the time that it would be OK, not to worry, then later phoned us to say we had to buy the drill at £180 or buy a new charger for £60. After much chuffing and swearing I bought the drill.
So, question, was I under any obligation to buy it? Anybody know the legal position as I want to send a letter of complaint to the company.
Thanks very much.
So, question, was I under any obligation to buy it? Anybody know the legal position as I want to send a letter of complaint to the company.
Thanks very much.
It wasn't exactly their fault your baby puked on it? I think replacing the charger would've sufficed IMO, although at least you have a drill to show for the outlay. Why should the shop lose out because of something your child did?
I know it's not really your fault either, but it's less their fault than yours IYSWIM.
I know it's not really your fault either, but it's less their fault than yours IYSWIM.
It wasnt special puke, but was expensive!! I reckon if I had been joe public I would have got away with it as they wouldnt have known who I was, so was trying to do the right thing, but now feel ripped of for my honesty. Could have bought the charger at £60 but then had nowt to show for it, so thought gettin the drill would have at least brought me some happiness, even to drill her teddy to the floor, but now gettin the feelin o bein ripped off.
I know it is nobodys fault, they didnt induce the puke, but surely they can stand a pure accident, and its hard to avoid them as they are the closest merchant for miles. But another openin up soon so guess may have to go there.
I know it is nobodys fault, they didnt induce the puke, but surely they can stand a pure accident, and its hard to avoid them as they are the closest merchant for miles. But another openin up soon so guess may have to go there.
Gretchen said:
I'd phone them tomorrow, tell them the drill has caused some damage to your car/tv/sofa/pool/house...and that they owe you untold fortunes to replace these items.
Even better... tell them that your wife was electrocuted by it, not only will the ball be in their court, they'll be concerned about selling damaged unsafe goods...
Hedders said:
"Daddy, what is this part of the drill called"
"Chuck, Honey"
It could have happened to anyone!
"Chuck, Honey"
It could have happened to anyone!
I don't think they were playing the customer relationship card too well by phoning! I should make it clear thay have lost a very good customer as a result. They should've realised that changing their mind was a bad call!
Duty of care could be argued to show that you should not have taken an infant into a potentially hazardous environment such as a builders merchant in the first place.
Equally it could be argued that the shop owes a duty of care to all customers anyway and it should be a safe and fit environment for the parent and child to be in.
That your child was sick upon their goods was a matter outwith your control, and it is unlikely that it could have been reasonably forseen (unless the child has a history of projectile vomitting, was unwell or you had just fed the child and were throwing it around in a matter likely to induce vomitting).
Personally, I would not have bought the drill; how could they force you to do so?
There are many builders merchants and in this time of recession they are all keen to keep their customers happy.
However, whether you have to buy the drill or not is only one matter; the maximum you have to pay for goods you damage by accident is only the amount the shop paid for them in the first place.
So, if the drill you bought for £180 only cost the shop £120 they have ripped you off.
Go back and ask how much the wholesale price is, and get them to prove it; any more and you are entitled to a refund.
Hope this helps.
Equally it could be argued that the shop owes a duty of care to all customers anyway and it should be a safe and fit environment for the parent and child to be in.
That your child was sick upon their goods was a matter outwith your control, and it is unlikely that it could have been reasonably forseen (unless the child has a history of projectile vomitting, was unwell or you had just fed the child and were throwing it around in a matter likely to induce vomitting).
Personally, I would not have bought the drill; how could they force you to do so?
There are many builders merchants and in this time of recession they are all keen to keep their customers happy.
However, whether you have to buy the drill or not is only one matter; the maximum you have to pay for goods you damage by accident is only the amount the shop paid for them in the first place.
So, if the drill you bought for £180 only cost the shop £120 they have ripped you off.
Go back and ask how much the wholesale price is, and get them to prove it; any more and you are entitled to a refund.
Hope this helps.
Leave it a week; go back and tell them the drill charger fails intermittently. Tell them the goods are not of merchantable quality and no longer fit for purpose and demand a refund.
If they tell you that you bought it knowing the charger's 'history', ask them why they are selling goods known to be of not merchantable quality?, which is illegal. You should have refused in the first place on the basis that you would be buying something of 'non-merchantable' quality or satisfactory quality. Their public liability insurance should have taken care of the drill/chager. They have taken the piss over what was a genuine accident.
If they tell you that you bought it knowing the charger's 'history', ask them why they are selling goods known to be of not merchantable quality?, which is illegal. You should have refused in the first place on the basis that you would be buying something of 'non-merchantable' quality or satisfactory quality. Their public liability insurance should have taken care of the drill/chager. They have taken the piss over what was a genuine accident.
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