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Replacing a borrowed drill

This is on behalf of a friend. He was lent a specialist drill on the understanding that if he took the cover off the warranty was void and he would replace it

He did take the cover of the look inside, with the agreement of the owner. He returned it in November after having it for about a week.

Now the owner says it is broken and because the warrenty is void my friend must replace it as he agreed

My friend agrees he must replace it but our questions are:

1. As long as it it the same model does it have to be brand new, bearing in mind it is now 8 months old?
2. Can he just give him the money for the drill because if he orders it the warranty will be in my friends name and he wants no further links with this person.

The cost was £60 but is now £90.

He just wants to be fair but does not want to be seen as a push over. Thank you

aims for 2014 - grow more fruit and veg, declutter
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Comments

  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    What is the fault? So long as he hasn't damaged it and the owner did permit the cover to be removed I can't see him being responsible at all. If he does pay he should pay the amount originally repaid and not the higher price. How old is the drill? there may even be a reason to reduce the amount to repay
  • aeb_2
    aeb_2 Posts: 556 Forumite
    He is not local to us so he doesn't know the fault. It might not even be covered by the warrenty.

    The person says 'you said you would replace it if you took the cover off so replace it, it doesn't matter why it has gone wrong' It will need to be ordered so there is also postage and possibly import and handling charges.

    He has found the identical one on ebay, not new but nearly new. Do you think he could buy this as 'a replacement'?

    aims for 2014 - grow more fruit and veg, declutter
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I have no idea as to the legalities of it, but unfortunately it was you who removed the cover. As long as none of the mechanisms were touched, I don't see a problem here.

    I've lifted the bonnet on my car many times, but I've never touched anything down there (except to check the oil/top up fluids). This doesn't invalidate my car warranty.

    CK
    💙💛 💔
  • CKhalvashi wrote: »
    I have no idea as to the legalities of it, but unfortunately it was you who removed the cover. As long as none of the mechanisms were touched, I don't see a problem here.

    I've lifted the bonnet on my car many times, but I've never touched anything down there (except to check the oil/top up fluids). This doesn't invalidate my car warranty.

    CK

    ^^ This is spot on.

    Just taking the cover off stuff doesn't automatically break them.
    Thinking critically since 1996....
  • aeb_2
    aeb_2 Posts: 556 Forumite
    The owner says that on Pg 8 of the manual it says 'if the cover is removed the warranty will be void'. Sorry, I don't know details about whether my friend broke a seal or anything

    aims for 2014 - grow more fruit and veg, declutter
  • Guardsman
    Guardsman Posts: 991 Forumite
    Don't they normally have a label that would say void if seal is broken on parts that should not be removed.
    I regularly take covers off tools so that I can give them a good clean.
    I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    You borrow something and break it you replace it. The moral thing to do is stump up and pay the money for a new one.

    Hopefully in the meantime your friend can get this one fixed.
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    aeb wrote: »
    He was lent a specialist drill on the understanding that if he took the cover off the warranty was void and he would replace it

    He did take the cover of the look inside
    Why did he take the cover off?
  • aeb_2
    aeb_2 Posts: 556 Forumite
    Hintza wrote: »
    You borrow something and break it you replace it. The moral thing to do is stump up and pay the money for a new one.

    Hopefully in the meantime your friend can get this one fixed.

    He borrowed it it November and returned it. It has only gone wrong now.
    He will stick to his word and replace it, the question is as it is 9 months old can he replace it with a working nearly new one (which will cost about the same as the broken one) or, as the owner is saying, a brand new one (costing much more due to a recent price increase)?

    Thank you for the comments so far

    aims for 2014 - grow more fruit and veg, declutter
  • aeb_2
    aeb_2 Posts: 556 Forumite
    Why did he take the cover off?

    Only to look inside, he didn't use the drill at all.

    aims for 2014 - grow more fruit and veg, declutter
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