Recent Radio Control Purchase Problems

jjuk26

Hi Guys this is the response i have had.


hi jason,

thanks for your reply.

if you had any problem with a model prior to use,then you should have contacted us and supplied photo's of the problem. we could easily have helped to correct any problem.

once a model has been used/rolled/crashed then we do not know if the problem you have got is caused because of that.

your letter was not ignored and was read by our technician and contents were taken into consideration when inspecting your model.

our technicians decision is final as per our terms of use on our website.


After replies,tickets are automatically closed.
If you wish to continue with the same ticket,then please re-open at your discretion.

Thanks and best regards

Mick
Nitrotek Ltd

jjuk26

This is my response:


Hi Mick, i did contact you re the issues straight away and was told to send
the item back to you for your inspection?
I contacted you about the issues within 7 days and only had it for 2 weeks
and its only been used 3 times 10 mins per time.
If my letter was read why havent you addressed the issues i have raised?

The MT runs at speeds of up to 80kmh and when running in the throttle is
only used at half throttle so about 40kmh which is quick there is no
question that the truck rolled over and that there are marks, there would be
as the shocks were faulty so they were not working as they should and that
the wheel came off due to faults, so i cannot understand why you are not
trying to resolve the issues in hand. The MT is shown on your video section
and one rolls then, surley this is what its designed to do.

As a first time user i was a little concerned at your responses and
unwillingness to help me resolve the issue, maybe i have come across
agressive but i do not mean to, i just want the issues resolved.

I would except the MT back if the issues i have raised are
corrected/replaced as there are clear faults.

Shocks 3 are empty and have leaked.
Wheel tyres are starting to come off after little use.
The drive shaft is showing signs of wear after little use.
The drive shafts grub screws are rusted and cannot be removed.
One wheel has rounded to the inner.

If you were to renew these items i would except the MT back gladly.

I do not want any of the marked parts replaced just the faulty ones.

There are clear issues with the truck including leaks to the shocks and
unusual wear on parts, can you please address these further, before we
proceed.

Thanks

Jason

jjuk26

Im expecting him to refuse my email to recheck to issues i have raised, what other option do i have?

Thanks

Jason

unholyangel

Well under SOGA the onus is on the retailer in the first 6 months to prove that any faults were not inherent.

He has already admitted that once the item has been used it is impossible for them to tell if the faults have been caused because of that so imo, they cant prove it was caused by misuse/wear and tear and would have to accept it was inherent.

Wait and see what their reply is and let us know

jjuk26

unholyangel wrote: »

Well under SOGA the onus is on the retailer in the first 6 months to prove that any faults were not inherent.

He has already admitted that once the item has been used it is impossible for them to tell if the faults have been caused because of that so imo, they cant prove it was caused by misuse/wear and tear and would have to accept it was inherent.

Wait and see what their reply is and let us know

This is the reply i have had today.


hi jason,

thanks for your reply.

as mentioned in my previous reply, once a model has been used it is impossible to determine when a problem had occurred.if you had suspected a problem then you should not have used or attempted to use your model.

if you wish for your model to be returned then you will need to pay return postage cost of £10.00. you will then need to purchase the parts for your model yourself.


i am sorry if you feel that my replies are not more detailed but the instance is quite clear cut from the evidence our technician has seen from reading your letter and inspecting your model.

as mentioned before our technicians decision on all warranty claims is final.




After replies,tickets are automatically closed.
If you wish to continue with the same ticket,then please re-open at your discretion.

Thanks and best regards

Mick
Nitrotek Ltd

Equaliser123

jjuk26 wrote: »

This is the reply i have had today.


hi jason,

thanks for your reply.

as mentioned in my previous reply, once a model has been used it is impossible to determine when a problem had occurred.if you had suspected a problem then you should not have used or attempted to use your model.

if you wish for your model to be returned then you will need to pay return postage cost of £10.00. you will then need to purchase the parts for your model yourself.


i am sorry if you feel that my replies are not more detailed but the instance is quite clear cut from the evidence our technician has seen from reading your letter and inspecting your model.

as mentioned before our technicians decision on all warranty claims is final.




After replies,tickets are automatically closed.
If you wish to continue with the same ticket,then please re-open at your discretion.

Thanks and best regards

Mick
Nitrotek Ltd

I think you need to raise the formality more. As mentioned, the onus is on them to prove that there was no inherent fault.

Quick check - did you actually purchase it from them? I am assuming you did.

The comment: "as mentioned before our technicians decision on all warranty claims is final" always makes me chuckle. A Court has the final decision. I think you need to start intimating that unless they will reconsider, you will take it to Court.

jjuk26

Equaliser123 wrote: »

I think you need to raise the formality more. As mentioned, the onus is on them to prove that there was no inherent fault.

Quick check - did you actually purchase it from them? I am assuming you did.

The comment: "as mentioned before our technicians decision on all warranty claims is final" always makes me chuckle. A Court has the final decision. I think you need to start intimating that unless they will reconsider, you will take it to Court.

Yes i did purchse from them.

Can you guys give me any tips on how best to reply next. Should i also contact Trading Standards?

Thanks

Jason

unholyangel

jjuk26 wrote: »

as mentioned before our technicians decision on all warranty claims is final.

I think i would be highlighting that it is not a claim under warranty (since they are the retailer that you purchased it from). It is a claim under Sale of Goods Act 1979. They cannot contract out of the SOGA, and they definitely shouldnt be charging you anything.

http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/

I would do as equaliser suggested. It can be fustrating but if you do need to take it to small claims (which you might as they sound like they're either trying to get one up on you or have no knowledge of the SOGA), it will work in your favour if you have afforded them the opportunity to remedy the situation.

As always, keep us updated

jjuk26

Hi Guys i have emailed them again and this time they havent replied, i have emailed again this week for confirmation that they have received my last email and that they understood the mail but still nothing, below is my last email.


Sent 230710

Mick,

I have returned the item due to poor quality, any marks/scuffs were caused
during the failure of these defects and not by miss-use like you have
suggested i have returned the item under the Sale Of Goods Act.

You have already explained to me that you cannot prove if these faults were
before or after i had used the item and under the Sale Of Goods Act the onus
is on you to prove this. Which you have already said you cant.

Before i proceed through the small claims court i would like you to
reconsider your position and i would like the contact details of your senior
management and owner please, as these are not clearly available through your
website.

You have chosen to completely ignore the defects on the item and i have
tried to offer solutions to the problem but you have chosen to ignore my
requests for an amicable solution.

I called you 4 days after purchase re the issues and have kept in constant
email contact ever since.

I have also attached 2 pictures one of the box before the item was used
which clearly shows the item was leaking before use and would only of become
more visible when used and one of where i kept the vehicle.

I have attached 2 links for your viewing, one is for a customer whos
experience is similar to what i have gone through and one is a review site.

Jason Ward

http://www.8bs.karoo.net/hummer.htm

http://www.trustpilot.co.uk/review/www.nitrotek.co.uk



And heres the reminder: sent 270710

Mick, i am just contacting you re: my last email sent on 23/07/2010 07:33
can you please confirm you have received and understood this email before i
proceed.

Jason


Should i call for confirmation?

pulliptears

having read your blog my concern here would be the fact that you have made a lot of repairs to the car. I'm not 100% on consumer law, but surely this deems you as accepting it?