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

shaun_from_Africa

You've still not answered the question I asked you a couple of days ago.

Do you use these cameras as a hobby or is it as part of your job or business?

This is a very important question as it determines exactly what rights you have.

gilesbracher

shaun_from_Africa said:

You've still not answered the question I asked you a couple of days ago.

Do you use these cameras as a hobby or is it as part of your job or business?

This is a very important question as it determines exactly what rights you have.

Hi Shaun, Sorry I had no idea!!??  A product should perform if it is for private or professional use, surly?  
These camera harnesses are sold to professionals & hobby photographers alike.  I am a professional.  What cameras and weights used were discussed before purchase. 

 I am not pursuing loss of earnings or temporary hire of replacement equipment. Just the repair cost the damage. 

Is the supplier liable for my damages? 

neilmcl

gilesbracher said:

shaun_from_Africa said:

You've still not answered the question I asked you a couple of days ago.

Do you use these cameras as a hobby or is it as part of your job or business?

This is a very important question as it determines exactly what rights you have.

Hi Shaun, Sorry I had no idea!!??  A product should perform if it is for private or professional use, surly?  
These camera harnesses are sold to professionals & hobby photographers alike.  I am a professional.  What cameras and weights used were discussed before purchase. 

 I am not pursuing loss of earnings or temporary hire of replacement equipment. Just the repair cost the damage. 

Is the supplier liable for my damages? 

It matters because you can't rely on consumer legislation if you're acting as a business and this was a B2B contract. In this scenario you would have to sue separately for any damages.

gilesbracher

It matters because you can't rely on consumer legislation if you're acting as a business and this was a B2B contract. In this scenario you would have to sue separately for any damages.

ok, is that the same for self employed? 

societys_child

gilesbracher said:

ok, is that the same for self employed? 

Yes.

shaun_from_Africa

gilesbracher said: 
I am a professional.  

The reason that it's very important is that in your opening post you mentioned the "Consumer protection act" and others have referred to the "Consumer rights act", both of which are important pieces of legislation relating to the rights of consumers.
A consumer is:

"an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession."

Which you are not, so the legislation referred to doesn't apply to your situation.

gilesbracher

Ok Understood! Thank you for the explanation.   I have no rights. :-( 

LadyDee

Is. your equipment covered for damage by insurance - which you would presumably have for expensive cameras?

Manxman_in_exile

neilmcl said:

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.

The OP didn't say it was used "as advertised".  I  thought it odd for a craft leather worker to generally make straps designed to carry more than one camera*, so I wondered if it had been purpose made (or advertised) as capable of, and suitable for, holding more than one camera.

The OP has now confirmed that (1) the worker specialises in such items, so presumably knows what they are doing and (2) it's not a consumer purchase anyway.

*I have no interest in cameras or photography so don't know if this is usual or not.

Manxman_in_exile

gilesbracher said:

Ok Understood! Thank you for the explanation.   I have no rights. :-( 

You do have rights - but not as a consumer, because you aren't one.  (That was the error from the outset in the title of your thread).

The question is whether, as a business, you are bound by the term you mention in the supplier's T&Cs attempting to limit their liability to the value of the product they have sold.  The people who post on here tend to be very knowledgeable about "consumer" rights - not so much about business rights where the law (rightly or wrongly) deems that you know what you are doing and either should negotiate more favourable terms or find a different supplier.

If you are a business you ought to have access to a lawyer (or even an accountant) who can point you in the right direction.

Ultimately, if you can't reach a mutually satisfactory (from a business point of view) resolution with your supplier you could sue them, but you may not win and it might end up costing you.

As somebody else suggested, claim off your insurance.  (Do your insurers know you are a business?  Can you claim for loss of income?).

Does this open a new can of worms you did not appreciate existed?