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Tent with a hole - seller won't replace!
beercan
Posts: 17 Forumite
Hi all,
I bought an expensive tent from a reputable chain at the end of August 2010. This was put up and inspected for large holes etc and all appeared fine. We put it away in the loft and got it out this May for its maiden trip.
During the holiday on a windy day, the outer shell lifted to reveal a manufacturing hole in the edge of the groundsheet. This is only visible from certain angles but is clearly a hole.
I phoned the shop upon return and explained the situation. The chap said to bring it in and they would inspect and replace it.
When I took it in, the guy was unavailable but his colleague inspected and agreed on the manufacturing fault.
He suggested giving me a patch kit so I could patch it. I declined explaining that although the tent had been purchased 9 months prior, it had not been used until now so was still basically brand new. I asked for the replacement and was declined as "the 2010 model I bought had been replaced with the 2011".
He offered to send it to the manufacturer and promised they would make sure it was sorted for me.
He also commented on his surprise at the fault due to the exemplary reputation of the brand for its quality.
On a side note, on the way out I stopped to view some products and overheard a conversation between the assistant and colleagues in which he expressed his surprise and how he initially thought it would be a burn mark, but on inspection it was clearly a manufacturing fault and he was sure they would sort it for me.
The return form says "Please inspect and advise ASAP".
Two weeks have passed and today the shop called advising the tent is with a repair specialist and should be done by next week. I asked what he meant by repair and he suggested a patch repair. I told him I had previously explained I was unhappy with a patch due to the new condition of the tent. He said the repairers had wanted to charge for the job but he had convinced them otherwise as it is still in 12 months warranty.
He then promised to contact them and come back to me but has not done so (yet).
The groundsheet is integrated so a replacement would mean a whole new tent.
Where do I stand on insisting on a replacement please?
I note from the sticky which links to directgov they are entitled to repair after a certain time but it also says "For example, you probably wouldn’t have the right to a refund if you used a lawnmower for months and the blade broke. But if you bought the lawnmower in the winter and couldn’t use it until the spring, you may have the right to a refund." This is how I view my situation...
Many thanks for reading!
I bought an expensive tent from a reputable chain at the end of August 2010. This was put up and inspected for large holes etc and all appeared fine. We put it away in the loft and got it out this May for its maiden trip.
During the holiday on a windy day, the outer shell lifted to reveal a manufacturing hole in the edge of the groundsheet. This is only visible from certain angles but is clearly a hole.
I phoned the shop upon return and explained the situation. The chap said to bring it in and they would inspect and replace it.
When I took it in, the guy was unavailable but his colleague inspected and agreed on the manufacturing fault.
He suggested giving me a patch kit so I could patch it. I declined explaining that although the tent had been purchased 9 months prior, it had not been used until now so was still basically brand new. I asked for the replacement and was declined as "the 2010 model I bought had been replaced with the 2011".
He offered to send it to the manufacturer and promised they would make sure it was sorted for me.
He also commented on his surprise at the fault due to the exemplary reputation of the brand for its quality.
On a side note, on the way out I stopped to view some products and overheard a conversation between the assistant and colleagues in which he expressed his surprise and how he initially thought it would be a burn mark, but on inspection it was clearly a manufacturing fault and he was sure they would sort it for me.
The return form says "Please inspect and advise ASAP".
Two weeks have passed and today the shop called advising the tent is with a repair specialist and should be done by next week. I asked what he meant by repair and he suggested a patch repair. I told him I had previously explained I was unhappy with a patch due to the new condition of the tent. He said the repairers had wanted to charge for the job but he had convinced them otherwise as it is still in 12 months warranty.
He then promised to contact them and come back to me but has not done so (yet).
The groundsheet is integrated so a replacement would mean a whole new tent.
Where do I stand on insisting on a replacement please?
I note from the sticky which links to directgov they are entitled to repair after a certain time but it also says "For example, you probably wouldn’t have the right to a refund if you used a lawnmower for months and the blade broke. But if you bought the lawnmower in the winter and couldn’t use it until the spring, you may have the right to a refund." This is how I view my situation...
Many thanks for reading!
0
Comments
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After 9 months, I'd say you'd had a good chance to inspect and accept the product, so a repair is a reasonable expectation.0
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As I say, we did inspect it but the hole was in a place that is not easily seen without lying on the floor with the wind blowing...0
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I don't understand what the problem is... they are repairing it for you. Problem solved.
Its 'like new' but its not 'new'0 -
The problem is they are patching it, so it is not like new, as you would not buy one patched would you...?0
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They are repairing the tent free of charge for you. That's reasonable considering you have owned the product for 9 months [despite your claim it hasn't been used]. Ultimately, if you refuse to accept the repair, you'd have to get an independent report commissioned to show the fault was inherent (since you've owned the product for more than 6 months) and then take it to court. Courts don't like to see claims where a reasonable offer to avoid court has been made and rejected.
Accept the repair and be done with it.0 -
The problem is they are patching it, so it is not like new
But it's not new, it's 9 months old.
Irrespective of when you first used it, the fact still remains that you had 9 months to inspect the tent and after such a long period the retailer can probably argue that you have accepted it.
If you reject something within a short time of buying it then you can legally insist on refund or replacment, but I think 9 months is pushing it a bit.0 -
Note the word "may" in there.I note from the sticky which links to directgov they are entitled to repair after a certain time but it also says "For example, you probably wouldn’t have the right to a refund if you used a lawnmower for months and the blade broke. But if you bought the lawnmower in the winter and couldn’t use it until the spring, you may have the right to a refund." This is how I view my situation...
It appears the shop has decided "may not".
A difference of opinion.
To get a definitive answer you may need to take the issue to court to be decided.
I am not sure you would win though.
You need to decide whether the risk is worth it.0 -
I thought a shop's minimum liability was to repair the item and if it was unable to be repaired then a suitable replacement is to be given. I would say that a repair is likely all your going to get without kicking up a big fuss i'm afraid" When life keeps trying to let you down just remember you are not full of hot air so cannot be deflated"0
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The problem is they are patching it, so it is not like new, as you would not buy one patched would you...?
I Did, last year....but it was discounted, and had been repaired. Like the OP, I didn't use it until May this year. I also found another hole...grr.
OP I suspect all you can do is escalate the claim with the manufacturer, to see if they will see your viewpoint, it may or may not be successful
What make is it, incidentally?0
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