Safe not under warranty but needs to be replaced!!

marlie2005

Hi All,
I'm new to this so mods please move if it is not in the correct tread..

well I just looking for advice really on how to deal with my recent safe problem.
Our chubb safe is 18mths old and is faulty. Warranty was for 12 mths. It would not open for us and we called chubb(9.30) to ask why, they sent a service man out (3.30) who said it has a faulty door and the safe needs to be replaced.(which i have in writing). I contacted the guy we bought it (not directly from chubbs) and said that he will not replace or repair it and JUST TO BE CAREFUL WITH IT). Now this safe is used for our small company which caused us to lose trading on the day in question..

I am really just wondering what are my rights concerning this..

seamus

Not really anything I think you can do here. Warranty is 12 months, the safe worked fine for you for a reasonable period after you purchased it.

Just bad luck really.

foggy_lad

marlie2005 wrote: »

Hi All,
I'm new to this so mods please move if it is not in the correct tread..

well I just looking for advice really on how to deal with my recent safe problem.
Our chubb safe is 18mths old and is faulty. Warranty was for 12 mths. It would not open for us and we called chubb(9.30) to ask why, they sent a service man out (3.30) who said it has a faulty door and the safe needs to be replaced.(which i have in writing). I contacted the guy we bought it (not directly from chubbs) and said that he will not replace or repair it and JUST TO BE CAREFUL WITH IT). Now this safe is used for our small company which caused us to lose trading on the day in question..

I am really just wondering what are my rights concerning this..

your safe should have been fit for purpose AND reasonably durable when you bought it and just over 18 months is not really long enough to expect a safe to last! your only real option if the seller sticks to this line is redress through the small claims court. you should also check out the consumerconnect.ie site or here http://www.consumerconnect.ie/eng/Learning_Zone/FAQs/Faulty_goods/

also if this turns out to be a common flaw with the door it should probably be fixed by the manufacturer?

Hagar

I'd be inclined to think that if the repairman said that the door was faulty as opposed to broken that it was always faulty ie and could have potentially failed at any day since purchase. It was just pure luck that it didn't happen sooner. On that basis I would be pushing Chubb for a repair / replacement.

As an aside, the idea that we accept a product should only function without failure during it's guarantee period is a bit mad. There should be a reasonable expectation of several years of service from an item such as a safe, particularly one from a market leader such as Chubb.

seamus

Showing my ignorance about safes here

If 18 months isn't a reasonable shelf-life for this make and quality of safe, then you definitely have cause to complain.

However, be objective as you can about the term "reasonable". It's not the maximum or even average shelf-life. For example, I know I'd usually get about 18 months out of a standard light bulb, but if a new one blew after 3 months, I wouldn't say it was faulty - I would say 3 months is fairly reasonable, it was just bad luck.

On the other hand, if I had a car for five years that I'd only done 20,000 easy-going miles on, and the axle snapped, I wouldn't call that "reasonable".

The lads also make a good point about the word "faulty". If the door has always been faulty, or this is a known fault with this make of safe, then you are definitely entitled to recompense of some form.

Also note that if this safe was bought by a business for business purposes, then the Act doesn't apply, and all that "Merchantable Quality" and such is not applicable. It means you have a harder battle on your hands

marlie2005

thanks all for your speedy replies..

Seamus what are my rights going from business to business, the safe is faulty and the service man wrote in his report that it NEEDS to be replaced.. It can lock again at any time!! I think a safe especially as it has not been moved, tampered with or mis-used in any way other than opening the door twice a day should have more of a life span than 18mths.
I didn't realise consumer rights did not cover business to business, maybe it is bad luck but I really need to consider all my options before I fork out for another safe..

pluto1l

From the site looks that 2 year is the minimum guarantee .
I don't know why a business should have a lesser garantee.
www.eccdublin.ie/publications/leaflets/eu_shopping_guides/ireland.pdf

ScouseMouse

Put aside the warranty issue for a moment. You could seek to have it fixed. I have a floor safe and the keyhole filled up with stones and crap which stopped the key turning. I took the whole lid to a safe company in Dominics shopping centre in Tallaght and they took it apart, cleaned and serviced it for 75 quid.

Why not contact another safe company and ask them can they do something with it. They may be able to fix it rather than replace it.

axer

marlie2005 wrote: »

Seamus what are my rights going from business to business, the safe is faulty and the service man wrote in his report that it NEEDS to be replaced.. It can lock again at any time!! I think a safe especially as it has not been moved, tampered with or mis-used in any way other than opening the door twice a day should have more of a life span than 18mths.

I believe you have to go to your solicitor and sue if they do not give in with a solicitors letter.

marlie2005 wrote: »

I didn't realise consumer rights did not cover business to business, maybe it is bad luck but I really need to consider all my options before I fork out for another safe..

Well a business is not a consumer thus consumer law is not implied in business to business transactions.
Here is a link to it in the act:
http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0003.html#zza16y1980s3

phill106

18 months sounds very short to have failed, i have one in my office, im sure is at least 20 years old and its fine!