Old motor on a new electric chair

ShergarGB

My elderly father has an electric chair to help him up and down. It came from a family member that sadly went into hospital and died before it got any use(August 2021). My Mum used it briefly before she too sadly died. My Dad has only just started to use at. The first time he used it, it 'stuck' in the up position. I have looked at it and I got an electrician to look at it. He reported that the motor will not reverse so the chair will not come back to the normal position. Basically the chair is unusable now. The electrician also stated that the motor is actually 20 years old but the chair is less than 2 years old. The company that sold the chair have washed their hands of it as they say it is out of warranty. My question is: What are our rights? Should the company replace the motor/chair? or provide a repair? Any advice please. TIA

tightauldgit

I don't think you would have any rights to be honest. 

Warranty is expired and probably wouldn't have transferred anyway.

Consumer Rights would be the fall back but these would be between customer who bought it and the retailer who sold it. 

How has your electrician determined the motor is 20 years old? Assuming this is a commercial chair I really can't imagine that a chair manufcaturer is going to the trouble of sourcing old worn out motors to put in their new chairs at the factory. 

Aylesbury_Duck

I agree with the advice above.  Warranty rights almost certainly reside with the original purchaser, and consumer rights definitely do.  That leaves trying the manufacturer to see if they're willing to help.  It's a long shot, and I certainly wouldn't accuse them of fitting an old motor to the chair - you need to maximise your chances of them helping out of goodwill.

Manxman_in_exile

Do consumer rights and the benefit of warranties die with the purchaser as a general rule?  Wouldn't they revert to the deceased's estate?

lincroft1710

Manxman_in_exile said:

Do consumer rights and the benefit of warranties die with the purchaser as a general rule?  Wouldn't they revert to the deceased's estate?

In this case, the warranty has expired and I thought CRA only applied to a contract between buyer and seller. A subsequent owner of an item would only have a claim under CRA with the person who sold them the item.The OP's father is the 3rd owner and appears to have inherited the item, so in essence it was a gift.

Alderbank

Manxman_in_exile said:

Do consumer rights and the benefit of warranties die with the purchaser as a general rule?  Wouldn't they revert to the deceased's estate?

Good question!

Section 1(1) Law Reform (Miscellaneous Provisions) Act 1934 states:

"(1) Subject to the provisions of this section, on the death of any person… all causes of action… vested in him shall survive… for the benefit of… his estate. 
These cases are rare as you would expect but the principle was confirmed just last year in  Power v Bernard Hastie & Company Ltd & Ors when the High Court ruled that a right to pursue a court case can transfer from a person after their death to the executor of their estate, allowing the executor to bring a claim on behalf of the deceased person. 

I expect though that the late consumer would have had to experience the cause of action (the chair failing to operate) personally while still alive and the action would be brought by their estate in the person of the executor or administrator, and as pointed out above neither of those applies in this case.

HillStreetBlues

The chair was bought by some who then died, it then when to the next person who also died, then the chair died.
Personally I think I would want shot of it

Murphybear

I have one of these, it’s nearly 20 years old and the electric motor is working perfectly.  The only damage is to the leather, caused by cats. 

Have you thought about getting another one.  These are sometimes offered in Freecycle or in our local paper for sale at little money.  We also have a large charity shop that sells only furniture and household goods, they have a lot of these.  

born_again

I would contact manufacture & ask about a new motor, or have a look online to try & source one.

greyteam1959

Motors are easy to source online & fit yourself

Jumblebumble

ShergarGB said:

My elderly father has an electric chair to help him up and down. It came from a family member that sadly went into hospital and died before it got any use(August 2021). My Mum used it briefly before she too sadly died. My Dad has only just started to use at. The first time he used it, it 'stuck' in the up position. I have looked at it and I got an electrician to look at it. He reported that the motor will not reverse so the chair will not come back to the normal position. Basically the chair is unusable now. The electrician also stated that the motor is actually 20 years old but the chair is less than 2 years old. The company that sold the chair have washed their hands of it as they say it is out of warranty. My question is: What are our rights? Should the company replace the motor/chair? or provide a repair? Any advice please. TIA

How would you prove to the vendor that your late Mum did not have it repaired/serviced elsewhere  and someone else fitted the 20 year motor ?