Consumer rights - Can I claim repair for a broken camera after it dropped from a faulty strap?

gilesbracher

Hi
I purchased a camera harness to carry 2 DSLR cameras from an artizan leather worker.  The first time used it a buckle failed and the camera dropped to the ground. Causing over £400 in damage (4x the price of the strap).  The leather worker has agreed to replace the buckles.
I have checked on the Citizens advice site where they say  I can say “The product has damaged my personal property, therefore I’m legally entitled to damages under the Consumer Protection Act 1987.”

But he is reluctant to pay for the damage to my camera.  Pointing out the statement on his website. 

By using ******** Products the user hereby acknowledges and accepts that ******** will only be liable in any case for the value of the product and will not be liable in any case for any consequential damages.

Does this have an validity?

Can some one in the know, in simple language tell me who is right and why? 

Thanks

JJ_Egan

Purchase date when ??

Damaged date ??

gilesbracher

Purchase date - Jan 2020

Damaged date - Feb 2020

as I said, it was first time I used the harness (though I did test it at home prior, but testing is never the same as the real thing.) 

neilmcl

If the harness was specifically made to carry this camera then I can't see that they have a leg to stand on if your camera was broken as a direct, consequential result of the fault. Legally they will be liable for consequential losses you've suffered, their terms simply cannot override this fact.

shaun_from_Africa

One question regarding this:

gilesbracher said:

I purchased a camera harness to carry 2 DSLR cameras from an artizan leather worker.

It's unusual (although not unheard of) for a hobbyist photographer to have 2 DSLR's. Do you use these cameras as a hobby or is it as part of your job or business?

gilesbracher

neilmcl said:

If the harness was specifically made to carry this camera then I can't see that they have a leg to stand on if your camera was broken as a direct, consequential result of the fault. Legally they will be liable for consequential losses you've suffered, their terms simply cannot override this fact.

Hi neilmcl,  

Thank you for your positive reply, may I ask how you know? are you a lawyer? had a similar experience?  Thank you. :-)

Andy_L

https://www.gov.uk/guidance/how-to-write-fair-contracts#what-is-unfair
"Terms which allow you to remove or limit your liability to your customers when you are at fault and things go wrong are likely to be unfair. This includes terms that prevent or hinder your customer from seeking redress (eg compensation) when you are at fault."

See also section 31 of the Consumer Rights Act, where a contract term cannot exclude liability when the goods have to be "of satisfactory quality" and "fit for particular purpose"

http://www.legislation.gov.uk/ukpga/2015/15/section/31/enacted

gilesbracher

Andy_L said:

"Terms which allow you to remove or limit your liability to your customers when you are at fault and things go wrong are likely to be unfair. This includes terms that prevent or hinder your customer from seeking redress (eg compensation) when you are at fault."

See also section 31 of the Consumer Rights Act, where a contract term cannot exclude liability when the goods have to be "of satisfactory quality" and "fit for particular purpose"

Andy Thank you so much for those links, that is really helpful.  :-)

Manxman_in_exile

Did you buy it off the peg (so to speak) or was it made to order?  (Seems an odd item for an "artisan" leather worker to have in their normal range of goods).

In either case, was it specifically designed and sold as being suitable for carrying two cameras?  (Personally I wouldn't see it making much difference, but I can imagine the seller saying:  "Well what do you expect?  It's not designed or made to carry two cameras - just the one".)

neilmcl

Manxman_in_exile said:

Did you buy it off the peg (so to speak) or was it made to order?  (Seems an odd item for an "artisan" leather worker to have in their normal range of goods).

I'm not sure how that makes any difference in this situation. If the OP has used it as "advertised" then he should be entitled to the relevant compensation for damage.

gilesbracher

Manxman_in_exile said:

Did you buy it off the peg (so to speak) or was it made to order?  (Seems an odd item for an "artisan" leather worker to have in their normal range of goods

Camera straps are all he makes. Each one is made to order. I had confirmation it would hold my cameras. The design is not at fault nor the leather work. But the buckle he used failed.  There is no question about suitability etc. And the failure.   

It is the legal right to damages higher in value, than the value of the strap. 

Thanks