Ultralase Laser Eye Surgery

confusedagain62

I had laser eye surgery in 2008 and at the time I opted for the package which included a lifetime guarantee

Whilst this was a good bit more expensive than the normal package I was advised that given my age at the time of the procedure I would most likely experience poor vision again at some time in the future and that further treatment would almost definitely be more expensive than the additional cost of the lifetime guarantee

I was advised that under the life time guarantee, should my vision deteriorate in the future. I would be entitled to corrective laser eye surgery free of charge so it seemed a bit of a “no brainer”

Well that time has come around and I attempted to contact Ultralase to claim under the guarantee only to find they are no longer in existence and were acquired by Optimax.

I have contacted Optimax who have advised they have no obligation to honour the guarantee which I find strange as my understanding is that as part of the acquisition they would have assumed responsibility for both the assets and liabilities of Ultralase included in which would be honouring guarantees purchased by previous Ultralase customers

I am now faced with the option of expensive treatment I thought I was insured against or a lifetime of wearing glasses

I need to understand if the information I have been given by Optimax is correct before I proceed with anything

eskbanker

my understanding is that as part of the acquisition they would have assumed responsibility for both the assets and liabilities of Ultralase included in which would be honouring guarantees purchased by previous Ultralase customers

What has led to this understanding, i.e. is this documented anywhere?

confusedagain62

https://forums.moneysavingexpert.com/discussion/comment/82085099#Comment_82085099

It is standard practice in the same way as product warranties transfer to the acquiring company when a business is sold. As far as my understanding goes guarantees/ warranties etc only cease if the company being acquired goes into administration/ceases trading prior to any acquisition

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/82085103#Comment_82085103

It wouldn't automatically transfer if Optimax only acquired the assets of Ultralase.

Edited to add: I asked AI about the details of the acquisition. It's complicated, and there appears to have been some media coverage of your problem.

"However, the picture changed in October 2013, when Ultralase Limited itself entered administration. This is where the lifetime guarantee became contentious:

Customers who had purchased Ultralase's lifetime guarantee argued that Optimax should honour it because it had acquired the business.

Optimax took the position that, following Ultralase's administration, the contractual guarantee was no longer enforceable against it, although it offered discounted retreatment or, in some cases, goodwill assistance."

In summary, there's been no definitive ruling, so it appears to be down to you to negotiate or take action to see what result you can get.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82085103#Comment_82085103

It appears that Ultralase did go into administration in 2013…

Alderbank

Your understanding does not agree with, for example, this old article in the Guardian from12 years ago when Ultralase collapsed and was rescued by Optimax:

https://www.theguardian.com/money/2013/dec/09/ultralase-collapse-lifetime-guarantee

At least part of the reason for the collapse, and the reason why Optimax declined to take on the lifetime guarantees with the takeover, was the number and sheer cost of those lifetime guarantees being claimed.

The usual advice on this forum is to check whether any guarantee is insurance backed by an independent insurer.

confusedagain62

https://forums.moneysavingexpert.com/discussion/comment/82085113#Comment_82085113

read the original post I am not disputing Ultrlase went into administration but this was AFTER the acquisition by which time liability had transfered

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82085168#Comment_82085168

I haven't had any laser eye surgery but don't see anything about administration or its timing in your OP?

user1977

https://forums.moneysavingexpert.com/discussion/comment/82085103#Comment_82085103

Your understanding doesn't go far enough in that case. It's perfectly feasible and commonplace to buy a company's assets but not its liabilities.

(maybe you're confusing this with what happens if you buy a company by buying its shares - in that case you would simply own the company as it was, warts and all. But that's not what happened here.)

Clive_Woody

There was a whole load of people impacted by this - Ultralase Ltd was bought by the owner of competitor Optimax (Russell Ambrose) then shut down, cancelling all debts and liabilities, then re-opened as Ultralase Eye Clinics Limited in 2013. For a while on it's website it claimed to have been around since 1991 but i think now only operate under Optimax. There were a whole load of 1 star reviews on TrustPilot from impacted customers but looks like these have all been deleted.

confusedagain62

https://forums.moneysavingexpert.com/discussion/comment/82085221#Comment_82085221

Having since exchanged a number of emails with Optimax it appears they continued to honour the guarantees when they first acquired Utralase however Ultralase continued to operate as a separate business as a Optimax Group company so not fully absorbed into the Optimax busines. When it finally went into administration in 2013 and was subsequently resurrected as a new "entity" Ultrlase Eye Clinics Limited the parent group Optimax used this as a means to "legitimately" distance themselves from the lifetime guarantee and replaced it with a "goodwill gesture" of reduced costs for past Ultrlase customers who had purchased the lifetime guarantee.

Seems though that the goodwill doesn't go that far as anyone wishing to take advantage of it must first undergo a consultation and eye examination to determine if they are suitable for further treatment. Unlike new customers this is a chargeable even if it turns out the patient is not suitable for treatment. Apparently for those not suitable for further laser treatment they are offered the considerably more expensive lens replacement treatment with zero goodwill or discount and no refund of the exam fee.

Call me cynical but I wonder how many ex Ultralase patients are deemed unsuitable for laser treatment and persuaded into lens replacement at around £3500/eye