Truck Batteries gone dead

Flood

I bought 2 new truck batteries two and a half years ago, I was told at the time that they had a two year warranty and that was the limit of cover.
I have been reading other threads here and I am deducing a warranty can not be used as a way for the retailer to avoid the consumer's statutory rights and that Under Irish law, consumers have up to six years to seek redress for faulty or defective items.
From further research I am reading that Under Consumer Law I am entitled to expect a product to last a reasonable lifetime, the original batteries lasted 10 years so the ones I bought should last similar.
What is my best approach to the battery supplier as he is saying the warranty is out and that is final.

slimjimmc

Consumer rights only apply if you meet the legal definition of a consumer:
http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0003.html

3.—(1) In the Act of 1893 and this Act, a party to a contract is said to deal as consumer in relation to another party if—
(a) he neither makes the contract in the course of a business nor holds himself out as doing so, and
(b) the other party does make the contract in the course of a business, and
(c) the goods or services supplied under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.

While people may have some private uses for truck batteries I'd have doubts they are the type of thing that is ordinarily supplied for private use.

Flood

I meet the legal definition of a consumer, anyone can buy truck batteries. My case is strong so?

slimjimmc

On the basis you are a consumer then you may indeed have a strong case though I don't think it's valid to assume that the reasonable life is 10 years just because the original batteries lasted that long.

You could send a registered letter to the seller stating you believe the batteries have failed prematurely and that you are seeking redress under the Sale of Goods and Supply of Services Act in the form of either replacement batteries or your money back (a repair is not feasible). Tell them they have x days (10 should be fair) to comply or you will take a case to the Small Claims Court.

The letter may be enough to get a resolution but if it doesn't then it only costs €25 to register a claim with the SCC and you don't need solicitor.

PS: while anyone can buy truck batteries that doesn't mean truck batteries are ordinarily sold for private use. It could easily be argued that truck batteries are mainly sold for commercial vehicles and therefore not a consumer type product.

delahuntv

maybe find out why they went dead in the first place - unless you can show that it was a manufacturing issue, you wouldn't have much chance for replacement.

Were water levels topped up regularly? Were electrical items left on whilst engine not running regularly?

L1011

Flood wrote: »

I meet the legal definition of a consumer, anyone can buy truck batteries. My case is strong so?

If they were used in a commercial setting it no longer matters who bought them and when.

Additionally, batteries are both consumable and easily user damaged items and its unlikely that you'll get anything back at small claims at all on this basis.

coylemj

L1011 wrote: »

Additionally, batteries are both consumable and easily user damaged items and its unlikely that you'll get anything back at small claims at all on this basis.

+1 If you buy a laptop computer, you can expect the battery to be covered by a 12 months guarantee whereas the machine itself could have a 2 or 3 years warranty. The reason being that it's very easy to abuse a battery and shorten it's life.

And as another poster said above, the fact that the original batteries lasted 10 years doesn't really count for anything. If you got 15 years out of a Miele washing machine and then bought a Zanussi, it doesn't mean that you can go back to the shop looking to invoke an imaginary warranty when your Zanussi craps out after 6 years.

And it's a commercial vehicle, it makes no difference that you consider yourself a 'consumer'.

Flood

slimjimmc wrote: »

On the basis you are a consumer then you may indeed have a strong case though I don't think it's valid to assume that the reasonable life is 10 years just because the original batteries lasted that long.

I disagree I had batteries often lasting that time and more and know of several people that got that lifetime from a new battery.

PS: while anyone can buy truck batteries that doesn't mean truck batteries are ordinarily sold for private use. It could easily be argued that truck batteries are mainly sold for commercial vehicles and therefore not a consumer type product.

There is no specific battery for a truck, the batteries I have also fit into tractors also.

coylemj wrote: »

And it's a commercial vehicle, it makes no difference that you consider yourself a 'consumer'.

No its not, its an old vintage truck which is classed as vintage.

coylemj

Flood wrote: »

I disagree I had batteries often lasting that time and more and know of several people that got that lifetime from a new battery.

So you and some of your friends got 10 years out of some batteries, therefore all batteries should last for 10 years and if they don't, you are entitled to your money back or a replacement?

What about tyres or washing machines or wiper blades? You can't generalise in that way, it doesn't stand up. Some brands last longer than others, you get what you pay for.

rock22

coylemj wrote: »

So you and some of your friends got 10 years out of some batteries, therefore all batteries should last for 10 years and if they don't, you are entitled to your money back or a replacement?

.....

I have a battery in my car for 11 yrs, one in a motorcycle for 8 yrs and one in another motorcycle for 21 yrs. I accept that the latter is probably exceptional but it is perfectly reasonable for the OP to expect a well maintained lead acid battery to last 10 years.

However, the OP mentions a vintage truck. There are two issues which can arise with such vehicles.
Firstly, the charging system . Do you know if the charging system is working sufficiently to keep the battery fully charged?
Secondly, is the vehicle left up for the winter? If so the battery would need to be connected to a trickle charger.

If the battery has been well maintained then you should consider small claims court

Flood

coylemj wrote: »

So you and some of your friends got 10 years out of some batteries, therefore all batteries should last for 10 years and if they don't, you are entitled to your money back or a replacement?

10 years would be an average, lots last longer too.

What about tyres or washing machines or wiper blades? You can't generalise in that way, it doesn't stand up. Some brands last longer than others, you get what you pay for.

Tyres, washing machines and wiper blades are not my concern and no way connected to my problem.

Flood

rock22 wrote: »

Firstly, the charging system . Do you know if the charging system is working sufficiently to keep the battery fully charged?
Secondly, is the vehicle left up for the winter? If so the battery would need to be connected to a trickle charger.

The charging system is a modern retro fit which is 100%, the batteries are maintained via a ctek smart charger when needed.

rock22

Flood wrote: »

The charging system is a modern retro fit which is 100%, the batteries are maintained via a ctek smart charger when needed.

Your option seems to be to go to small claims court. You might google the specific battery to see if there is a general fault with them

Oryx

What brand are the batteries?

bucketybuck

Flood wrote: »

10 years would be an average, lots last longer too.

I work with trucks and have seen hundreds of batteries replaced, and no, 10 years would not be an average.

I hope you do go to small claims court. Have you had a professional battery test carried out yet? With a Midtronic tester? Do you even know whether the battery has failed due to sulphation, corrosion, cycling or full discharge?

L1011

Flood wrote: »

The charging system is a modern retro fit which is 100%, the batteries are maintained via a ctek smart charger when needed.

So its a commercial vehicle (vintage or not, its a commercial vehicle) with an aftermarket charging system, presumably very irregular use... you've not got a hope at small claims.

Flood

Ill write this one off from the advice im being given, many thanks for inputs from everyone.
So much for Irish law that consumers have up to six years to seek redress for faulty or defective items.

ohnonotgmail

Flood wrote: »

Ill write this one off from the advice im being given, many thanks for inputs from everyone.
So much for Irish law that consumers have up to six years to seek redress for faulty or defective items.

can you point out where it says 6 years in law?

Flood

ohnonotgmail wrote: »

can you point out where it says 6 years in law?

I just read about it in various threads in this forum.

ohnonotgmail

Flood wrote: »

I just read about it in various threads in this forum.

but thats the thing, it doesnt say 6 years anywhere. its says reasonable duration or something similar. that reasonable duration is dependent on the item and how it is used. a battery that isnt properly maintained isnt going to last as long as one that is.

slimjimmc

ohnonotgmail wrote: »

can you point out where it says 6 years in law?

ohnonotgmail wrote: »

but thats the thing, it doesnt say 6 years anywhere. its says reasonable duration or something similar. that reasonable duration is dependent on the item and how it is used. a battery that isnt properly maintained isnt going to last as long as one that is.

Flood is correct, you have up to 6 years to seek redress as per the Statute of Limitations. That doesn't mean the product should last at least 6 years, just that you can lodge a claim within 6 years.

Flood wrote: »

Ill write this one off from the advice im being given, many thanks for inputs from everyone.
So much for Irish law that consumers have up to six years to seek redress for faulty or defective items.

The law is very much there for you should you choose to go that route but you first have to show you have faulty or defective items. However you have been advised that the situation may not be as clear cut as you seem to think. Its your decision but for the sake of €25 it's probably worth having a go, you never know.

ohnonotgmail

slimjimmc wrote: »

Flood is correct, you have up to 6 years to seek redress as per the Statute of Limitations. That doesn't mean the product should last at least 6 years, just that you can lodge a claim within 6 years.


.

you're right, i misread. i thought he said the oft-quoted 6 year life expectancy.

Flood

Just to update this to say the situation got resolved with my battery supplier. He is giving me two new batteries at cost. He tried his best for me with Easystart the Uk company who supplies him the batteries and they only offer two years warranty.

Thanks to all who contributed.