Legal right to buy spare parts?

IJJoseph

I need some legal advice regarding the following situation.

As a hobby I Scuba Dive and so own quite a bit of diving equipment.

Once a year this equipment gets serviced (much like you would a car or your boiler for example).

In order to service this equipment I have to take it to my local shop who then send it off.

The cost of servicing usually comes to about 50% of the cost of a new item but the parts changed only represent 10% of the cost of a new item.

I have an experienced technical background and have the ability and expertise to service this equipment myself.

Here is where the problem starts.

If I try to purchase spares for the my equipment no shop will sell them to me because I have to undertake the manufacturers course to repair/overhaul that particular piece of equipment.

If I try to enroll for a course to repair/service the equipment then the manufacturer will not allow me on to the course because I am not a dive business or approved retailer of their equipment.

So there is a catch 22 situation. I can't buy the parts because I don't have the training and I can't do the training because I don't run a dive business affiliated with the manufacturer!:mad:

The question is this legal? If not, how would one go about challenging this?

pinkshoes

Could you not look into opening a dive business that is affiliated with the manufacturer? Likewise, you could then pick and choose what business you take on i.e. just your own equipment...

Given the risks involved with diving, it's quite reassuring to know how tightly regulated the sale of equipment and spares is!

Freddie_Snowbits

The question arises, are you qualified to do the servicing of the equipment. (If something should not be done correctly, and the apparatus failed, you would be liable)

IJJoseph

The question is not one of qualification to actually service the equipment. For that I'm more than qualified and have all the necessary tools and service manuals. There is no legal restriction on me working on the equipment and it's no different to me going to halfords, buying some brakes and then fitting them to my car incorrectly. The difference in the analogy is if I fit the brakes incorrectly then possibly many people could die or be injured whereas my dive equipment would only kill me.

The fact remains that if I try to "qualifiy" to work on the equipment I am prevented from doing so by the manufacturer because only a shop affiliated with them can send technicians on their courses and if I try and buy the spares then I'm prevented from doing so because I haven't undertaken one of their courses.

It's a bit like Ford saying I can't buy a brake pad for my Focus until I've attended a course but to attend a course I have to be a technician at a Ford garage.

I know when the car manufacturers tried to nullify warranties for cars that were not maintained by their authorised service centres they were told in no uncertain terms that they were out of order and so they have had to change their stance. I don't really see this as far different.

IJJoseph

pinkshoes wrote: »

Could you not look into opening a dive business that is affiliated with the manufacturer? Likewise, you could then pick and choose what business you take on i.e. just your own equipment...

Given the risks involved with diving, it's quite reassuring to know how tightly regulated the sale of equipment and spares is!

It's something I've considered but in order to do that I would have to purchase a large amount of their equipment as stock at great expense before they would affiliate me so it's not really possible.

Freddie_Snowbits

It could be construed by the manufacturer that the equipment is a 'life support system' and as such, they can restrict the sale of parts to authorised agents.

Although you say you are 'qualified to do the work' on your equipment, you could lend that equipment to another person, who may become involved in an accident. you would then be liable, hence the supplier not wishing to let you have the parts.

Tozer

I don't think there is a legal right to buy spare parts in this case. From a competition law perspective, this is a "selective exclusive distribution" system which can be objectively justified on the basis of safety grounds.

Its a bit like manufacturers can restrict their sales to other SEDs like particular car franchises, high-end electricals, etc on the basis of the training and support by the selected retailers.

Very, very complex area of law but in this case I don't think that there is much you can do.

scullster

I agree its a really difficult area, and in this field, it looks to be highly regulated which I can't argue with (I'm a chartered engineer). You may well be "able" in your own mind, but for each one of you, there could be a hundred other diving enthusiasts who are unwittingly less able and deaths could consequently occur.

A small point... without the qualification, you're not qualified. You may have read all the books, have access to the manuals, but competency runs deeper than that, its about thoroughly understanding the "why" and also knowing when you are out of your depth. Whilst you are intending to use the kit yourself and yourself only, the impact of an accident involving your kit would be felt far wider - your diving colleagues / club, family and friends. I understand the analogy to the car industry, parts are readily available but if an accident was to occur and they discovered the brakes to be a contributary factor, you could be prosecuted because you have no qualification to prove your competency - it is scary to think how many potential death traps are out there.


I hope I'm not telling you anything you don't know and I appreciate your frustrations re: not being able to access the training. Anyway, I move on......

I vaguely recall hearing that manufacturers have a duty to ensure spares are available for a certain period of time after the unit goes out of production. But at the end of the day, you can't force anyone to sell you anything.

Freddie_Snowbits

And in a sense, that is why electrical appliances today come with a fitted plug!