Kipor Generator

Droop

I bought a generator in Mar 08. Due to a change in circumstances didn't use it for 6mths. At which point I tried it and it started up after a few pulls. Went away in Motorhome to Spain hoping to use it after a couple of weeks using it about an hour a day. It decided to stop working. Contacted retailer by email as I was still in Spain to tell them I would bring in back on my return. Which I did. They ignored my email so I just turned up and they said they only give 3 months warranty so wouldn't do anything. When I mentioned trading standards they happily boasted they had won a previous case as the purchaser did not have the packaging. Emailed them again and they said; I quote "spoke to my solicitor. We don’t have to warrant any think in the uk has long has the goods are fit for purpose which they was 13mths speak for themselves". They also said I would need to prove that it had been serviced and not mis-used.

What should I do?

pinkshoes

YOu didn't use it for 6 months, then after 3 months of use, it's failed, so am I correct in saying it's only 9 months old?

If it's only 9 months old, then under the sale of goods act, this is not fit for purpose, so you should be entitled to a replacement or a repair, free of charge.

Write to them (recorded delivery) and tell them the above, and let them know that if you don't get a satisfactory response from them in 14 days, you'll be taking the matter further.

Droop

It was only 9mths old. It's 14mths old now as it's been that long that I've been trying to get it sorted.

I did quote the sale of goods act to them in a letter but they basically say that they will claim it's been misused and not serviced.

How can I prove otherwise?

pinkshoes

How often are you supposed to get them serviced??

scullster

The retailer has either got a dodgy solicitor or is trying to bluff you.

And as for the packaging argument they claim? Thats so old hat isn't it, and only applicable in the event you are returning it for them to resell, not if it is faulty. If they are replacing it like for like because it is faulty, they could simply pop the old one in the new box.

Servicing could be slight achilles in the argument but not significantly. At the end of the day, its an engine - cars are usually serviced on usage or time, whichever sooner, lawnmowers they usually recommend 12 mths and that is more down to the time the mower stands idle during the winter months.

I maybe doing you a dis-service but its probably not been serviced. If you decide to pursue (SOGA), you'll have to get an independent engineer to determine the fault to be inherent, and to confirm whether servicing would have prevented this from happening. I'd expect you to have a good case and would love to see retailer's attitude wiped.

Droop

I agree with your feelings with regard to the retailer.

You're right it hasn't been serviced, but it's had less than 20hrs use, surely it shouldn't need a service. I don't actually know regularly you're supposed to get them serviced.

I haven't a clue however how to go about getting an independent engineer for a generator or how to find one even.

Any ideas anyone?

scullster

You could try the manufacturers direct, http://www.kipor-generators.com/contact.asp on the following no. 0845 094 2452

As they provide spare parts and servicing, they should be able to point you to a local service agent. You may wish to keep quiet to them as to why and then speak with your local agent - he / she will probably authorised by a number of different manufacturers as opposed to being out and out Kipor and you could ask them to act.

Dare I say it, you could even speak with the manufacturers head office, you have no contract with them, but they may offer to repair free of charge - it may cost you a service? The manual for the generator should advise as to servicing - personally if it is something you rely on as you do for your hols, I'd ensure it is serviced as per manufacturer instructions and I wouldn't be surprised to see this an annual requirement.

Droop

I've contacted the manufacturers all they said is that they give a years warranty and so should their retailers. Although I must add the site you gave is not the manufacturers just another retailer. The manufacturers are at www . kipor . com they are based in China.

It's a good idea though to ask them for a local agent for repair.

I fully intended to get it serviced after a year but it didn't last that long.

mc33033

Droop wrote: »

When I mentioned trading standards they happily boasted they had won a previous case as the purchaser did not have the packaging.

This has nothing to do with your case and they are trying to dissuade you from taking this further - I think this is highly unlikely to be true, but even so for a SOGA claim like this may be, packaging has nothing to do with this.

Droop wrote: »

Emailed them again and they said; I quote "spoke to my solicitor. We don’t have to warrant any think in the uk has long has the goods are fit for purpose which they was 13mths speak for themselves". They also said I would need to prove that it had been serviced and not mis-used.

Their solicitor is therefore clueless about the SOGA...

You need to get an independant report as mentioned as the burden of proof is on you - scullster is absolutely correct in his advice. Servicing may or may not be relevant, you need to know what the fault is before any further advice can really be given, it may be a minor issue caused by user error. If you need assistance getting a report then call Consumer Direct on 08454040506 and get them to create a case for you and pass your case onto your local Trading Standards who should be able to give you the contact details of someone qualified to produce a report that would stand up in court.

Make sure you keep all the communications between yourself and the trader in case you do need to take this further. Fingers crossed though that it's something nice and simple that the guy who does the report finds and sorts for you!