What is a reasonable length of time for medical device to work/last?

5uperchick

Hi,

many thanks if anyone can help! I bought a medical device for my therapy business from a UK distributor, and it's now stopped working 20 months in. It cost around £4.5k initially (now over £6k, I think). I had a lot of issues with the distributor getting some cables replaced that literally fell apart, and had to buy a spare as I couldn't risk that happening again. So before I tell them the device has stopped working (the screen and settings all work, but it no longer oscillates, which is the theraputic action), I want to check what is my legal position, in relation to lasting a reasonable amount of time? I certainly don't think it is reasonable for a device of this value to last only 20 months. I should state that it is the 'pro' version, which is apparently designed for use in clinics.

The warranty states 1 year, but I thought EU warranties were all 2 years as standard (I'm aware many companies' policies are not legal).

Some additional background info...I had previously had some issues when it was just around 12 months, but they seemed to resolve when I inserted the programme card before switching it on, so it wasn't returned at that time. The distributor was aware of those issues, unfortunately, I lost my phone with the video evidence at that time. 

Many thanks!

user1977

You don't have consumer rights for an item you bought for your business.

Okell

5uperchick said:

Hi,

many thanks if anyone can help! I bought a medical device for my therapy business from a UK distributor, and it's now stopped working 20 months in. It cost around £4.5k initially (now over £6k, I think). I had a lot of issues with the distributor getting some cables replaced that literally fell apart, and had to buy a spare as I couldn't risk that happening again. So before I tell them the device has stopped working (the screen and settings all work, but it no longer oscillates, which is the theraputic action), I want to check what is my legal position, in relation to lasting a reasonable amount of time? I certainly don't think it is reasonable for a device of this value to last only 20 months. I should state that it is the 'pro' version, which is apparently designed for use in clinics.

The warranty states 1 year, but I thought EU warranties were all 2 years as standard (I'm aware many companies' policies are not legal).

Some additional background info...I had previously had some issues when it was just around 12 months, but they seemed to resolve when I inserted the programme card before switching it on, so it wasn't returned at that time. The distributor was aware of those issues, unfortunately, I lost my phone with the video evidence at that time. 

Many thanks!

If this is a business purchase you have no "consumer rights".  Your rights basically depend on what your seller's T&Cs say.  The Sale of Goods Act might give you some additional protection as a business purchaser, but not as much as consumer legislation would give you.

You might get more relevant advice posting here:  Small biz MoneySaving — MoneySavingExpert Forum

Even if you were a consumer there is no such thing as a "standard" 2 year EU warranty

5uperchick

thank you for your help, and apologies for posting in the wrong area (newbie)

Ergates

5uperchick said:

Hi,

many thanks if anyone can help! I bought a medical device for my therapy business from a UK distributor, and it's now stopped working 20 months in. It cost around £4.5k initially (now over £6k, I think). I had a lot of issues with the distributor getting some cables replaced that literally fell apart, and had to buy a spare as I couldn't risk that happening again. So before I tell them the device has stopped working (the screen and settings all work, but it no longer oscillates, which is the theraputic action), I want to check what is my legal position, in relation to lasting a reasonable amount of time? I certainly don't think it is reasonable for a device of this value to last only 20 months. I should state that it is the 'pro' version, which is apparently designed for use in clinics.

The warranty states 1 year, but I thought EU warranties were all 2 years as standard (I'm aware many companies' policies are not legal).

Some additional background info...I had previously had some issues when it was just around 12 months, but they seemed to resolve when I inserted the programme card before switching it on, so it wasn't returned at that time. The distributor was aware of those issues, unfortunately, I lost my phone with the video evidence at that time. 

Many thanks!

As other have said - you don't really have consumer rights in this case.
In terms of "how long should it last" - then it's impossible to say without knowing what the thing is, how frequently it's used and for how long etc etc.

e.g. jigsaw blades.  As someone who only uses my jigsaw very rarely for a bit of diy, I can expect a blade to last years.  If I was a professional fitter and was using it for hours ever day, I'd be wearing through blades *much* quicker - maybe every few days.

The thing you should be considering is return on investment.  You were using this piece of equipment for a business to generate revenue.  Did the amount of money it made for you meet/exceed the cost of the equipment?  If not, then it definitely wasn't a good investment.  If so - by how much?  Is that worth the time, effort and space of having it?

DullGreyGuy

2 year EU warranties are for consumers, not businesses, and for those living in certain EU countries. Even when we were in the EU we didnt implement the requirement because we had the SoGA and then CRA. EU laws set a minimum standard, member states can implement the minimum or something better and the up to 6 years of rights under the UK legislation was deemed better than the fixed 2 years. 

As has been said though, you aren't a consumer as it's a piece of business equipment. You've not said what the kit is and so it's impossible to say if 20 months is a reasonable life or not. Likewise its not clear if its really designed to be in a business environment or not... there are many "pro" things that are not really that, they may give pro standards but doesn't mean they've the durability that a pro item has to be used vastly more than a private user would. 

Finally, you seem to be suggesting there are moving parts? That would firstly reinforce the question on durability but also potentially raise the question on if parts are considered consumables? The closest of my experience is with an ultrasound machine where the different probes you can buy have a much shorter life than the main device. 

You'd probably be better off on a more dedicated forum to whatever this device is used for both to get others opinions on lifespans, replacements parts or at worse, a better brand/model for a true commercial setting.