Broken wheelchair frame

mrcol1000

I purchased a wheelchair from an online retailer two years ago. It took a while to be made from the factory and be delivered so its only been used for 18 months. It cost £1500 and then an extra £1000 on optional extras so £2500 in total. I paid £1500 for the wheelchair on my credit card and then the extra £1000 before dispatch also on my card

The wheelchair came with a 5 year guarantee for the frame.

I had a sudden problem with it and found the frame is cracked and is dangerous to be used. I have no idea how this happened and its only been used for normal use. There is nothing happen that would have caused this damage. I complained to the retailer with photos who passed them on to the manufacturer. They are now saying that they do not think this will be covered because something must have happened to cause the damage.

I think I can do a section 75 claim but no idea how to. My cards website says it covers goods that aren't as described but it was, it just broke.

I can't afford a new chair. I saved up quite a long time for this. I am having to use my NHS one that is hard to use. I am a full time wheelchair user that is fully dependant on a wheelchair.

Thank you in advance for anyones help on this matter. It is much appreciated.

Keep_pedalling

Have you contacted the manufacturer regarding the 5 year frame warrantee.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82060547#Comment_82060547

I complained to the retailer with photos who passed them on to the manufacturer. They are now saying that they do not think this will be covered because something must have happened to cause the damage.

Alderbank

Does the warranty have a disclaimer such as 'If in our absolute judgement we decide the frame has failed because of a manufacturing fault, we will do (such and such). Our decision on this matter is final'

These are quite common and can be difficult to challenge.

Quite separately from that warranty you have consumer rights. These also will only cover faults which were present when you bought the chair but you can commission your own independent report about the cause of the failure. If you successfully claim your rights under the Consumer Rights Act, the retailer (or the bank via s75 if necessary) must pay for the repair and the cost of your report.

mrcol1000

The warranty you have to contact the retailer. It does have a lot of get out clauses.

. Claims from this warranty shall not arise, if a repair or replacement of a wheelchair or a part is required for the
following reasons:
a. Normal wear and tear, which include batteries, armrest pads, upholstery, tyres, brakes shoes, etc.
b. Any overloading of the product, please check the EC label for maximum user weight.
c. The product or part has not been maintained or serviced in accordance with the manufacturer’s recommendations
as shown in the user instructions and/or the service instructions.
d. Accessories have been used which are not specified as original accessories.
e. The wheelchair or part having been damaged by neglect, accident or improper use.
f. Changes/modifications have been made to the wheelchair or parts, which deviate from the manufacturer’s
specifications.
g. Repairs have been carried out, before our Customer Service has been informed of the circumstances.