Power tool broken. Should I have to wait weeks for repair?

sflandango

Hello all,

I hope somebody will have some experience with this issue.

I bought a saw from an online retailer in Ireland 4 months ago. It was an expensive 'professional grade' tool. After not having gotten much use it has developed 2 issues and has been rendered unusable.

I contacted the seller last Monday (8 days ago) but I had to ring them back 6 times over the course of last week trying to find out what could be done. They kept telling me they would call me back with info but it never happened. They eventually told me that they would collect it for repair on Thursday but it did not happen. Today is Tuesday and still no sign.

The initial agent I dealt with last week seemed to be under the impression that they had no responsibility to me as 30 days had passed since the purchase but that he would do me the favour of liaising with the manufacturer on my behalf. I explained that it was 6 months but he refuted this.

Today I called them again and spoke to a team leader. He again insisted that they had no responsibility to me as 30 days had passed since the purchase. However, he is also 'doing me a favour' and contacting the manufacturer again. He told me that he would again try to arrange collection for repair. He indicated to me that this repair would take several weeks.

My issue is that I can't afford to be without this saw for several days, let alone several weeks. Am I forced to wait for this repair to happen or can I insist on a replacement or refund? It seems that it would be quite unreasonable for a company to expect a tradesman to be without his tools for weeks on end while manufacturing defects are repaired?

I would appreciate any advice.

ohnonotgmail

did you purchase the tool in a professional capacity?

sflandango

I'm not sure what you mean? I bought it from an online retailer and had it delivered to my home.

ohnonotgmail

i mean did you buy it in a personal capacity or business capacity? does the website sell to the general public?

sflandango

Oh yes I bought it as a member of the general public. The website sells to the public.

sflandango

Lets say I didn't use a VAT number or a business address or a business credit card.

ohnonotgmail

if you bought it in a personal capacity then standard consumer law applies. The options are repair, replace or refund BUT you cant insist on the option you want. the seller has to be given the chance to resolve the issue. they want you to deal with the manufacturer because it is less hassle for them. to be honest if they are very difficult to deal with it might be less hassle for you to go direct to the manufacturer.

sflandango

Ok thanks for the info. So they have the option to insist on a repair even it will take a really long time is that right? At what point would it be reasonable to ask for a replacement instead? I would just be way quicker and handier. I'm not interested in a refund as I just need the saw.

K.Flyer

This is why I prefer to buy my work equipment through established brick and mortar outlets, any issues and you walk back in and speak with them about it.

Does the company you bought from have any office / depot here, if they have, I would suggest calling in. If they don't, I would be keeping the pressure on them daily to commit to a return date for your saw.
Under consumer law they can attempt to carry out repairs first, unfortunately if they don't have a repair facility in Ireland, then it gets sent away, and thats bears a huge time frame for turn around.
I really doubt that they have any obligation to give you a temporary replacement, and a refund will only be on the cards if they cannot repair it or replace it.
I'd suggest going onto their website to take a look at their terms and conditions refering to repairs, replacement or refunds, so you can argue your case with them.

K.Flyer

Is this saw a DIY item?
You say you bought it as a non-tradesman, but yet it appears that you are approaching their after sales as a tradesman.
Not sure if it does make any difference, it just looked a bit odd the way you posted.

sflandango wrote: »

My issue is that I can't afford to be without this saw for several days, let alone several weeks. [...]
It seems that it would be quite unreasonable for a company to expect a tradesman to be without his tools for weeks on end while manufacturing defects are repaired?
...

sflandango wrote: »

Oh yes I bought it as a member of the general public. The website sells to the public.

sflandango wrote: »

Lets say I didn't use a VAT number or a business address or a business credit card.

njs030

Yes they have the right to choose which of the three r's to offer you, if they have to send it away for repair it can take a while unfortunately.

sflandango

Thanks for all the replies,

They are based in Dublin but I'm in Clare so its not feasible to call in at the moment. You're right about the value of being able to walk back into a shop!! Its very different face to face and dealing with local sellers.

Unfortunately I have been blown away by how unhelpful and confrontational this online crowd have been. I'm not trying to break their balls, I just need to be able to work. I did suggest a temporary replacement to see me through the repair waiting time but they shot that down point blank.

The saw has to go back to Evolution in the UK for repair it seems and the seller has told me that this will take a few weeks.

I'm a part time steel fabricator but it's not my main gig. I'm just very busy with it at the moment and I can't be without the tools of the trade. The tool is a pro grade cold-cut chop saw.

I'll have to dig deep into the consumer law side of it and learn the ropes.

njs030

If you bought it online and it was sent out to you then it can be returned to them and they can pay the postage or send a courier to pick it up.

It's not reasonable to expect you to drive to them if it was an online sale.

Cpcc.ie is the place to learn your rights, you can give them a call if you are unsure.

sflandango

Well in fairness to them they have not suggested that I drive up to them. Although, it seems it might be going that way because they assured me that this collection was going to happen last week and it did not. Im still no wiser than I was last Monday when I first contacted them. I had initially hoped that it would all be over by now and that I would be back cutting steel!

I might give cpcc.ie a call and ask for the low down.

9or10

If it were me, I'd go on their facebook page and hammer them.

Del2005

sflandango wrote: »

Thanks for all the replies,

They are based in Dublin but I'm in Clare so its not feasible to call in at the moment. You're right about the value of being able to walk back into a shop!! Its very different face to face and dealing with local sellers.

Unfortunately I have been blown away by how unhelpful and confrontational this online crowd have been. I'm not trying to break their balls, I just need to be able to work. I did suggest a temporary replacement to see me through the repair waiting time but they shot that down point blank.

The saw has to go back to Evolution in the UK for repair it seems and the seller has told me that this will take a few weeks.

I'm a part time steel fabricator but it's not my main gig. I'm just very busy with it at the moment and I can't be without the tools of the trade. The tool is a pro grade cold-cut chop saw.

I'll have to dig deep into the consumer law side of it and learn the ropes.

You bought as a consumer but are using it as a professional. If you've said I can't work because this tool is faulty then you've most likely moved yourself out of the consumer protection arena and now need to see what their business repair process is, which isn't much from what you've posted.

L1011

If you are going to use items in the course of business - even part time - buy them from B2B suppliers who have faster support. A few weeks at this time of year isn't beyond what could be considered acceptable for a repair.

Consumer law does not apply to items bought for business use.

the_pen_turner

so what rights does a business user have . are you not a customer of the shop

Del2005

the_pen_turner wrote: »

are you not a customer of the shop

Yes, but the is law for private consumers not business customers.

Fred Swanson

This post has been deleted.

dudara

I think it depends on how the goods are purchased and used. If you purchase the goods through your personal account, and use them for personal purposes, then you're a consumer

If you buy the goods through your company account, then they're business goods.

Ideally, you shouldn't be mixing personal and business purchases

Del2005

Fred Swanson wrote: »

What defines a private consumer. I could be a qualified tradesman that does not practice. Cannot I not buy tools in my private capacity?

I'd say telling the support staff that you can't work changes you from a private consumer to a business user.

Turbohymac

Well for what it's worth. Having purchased some evolution fit products in the past. .. They are only for very light doy work in my opinion. They would be in the same category as black &Decker etc.. not something a professional would use ..compared to de walt.hitachi.metabo. etc. But unfortunately you get what you pay for . This brand is usually ok for light use during a self build etc but compare it's purchase price beside one of the professional brands &there worlds apart.
Hoping you get warranty cover but they might blame the use it got and brush off any poor manufacturing issue's

Grab All Association

Turbohymac wrote: »

Well for what it's worth. Having purchased some evolution fit products in the past. .. They are only for very light doy work in my opinion. They would be in the same category as black &Decker etc.. not something a professional would use ..compared to de walt.hitachi.metabo. etc. But unfortunately you get what you pay for . This brand is usually ok for light use during a self build etc but compare it's purchase price beside one of the professional brands &there worlds apart.
Hoping you get warranty cover but they might blame the use it got and brush off any poor manufacturing issue's

Has Black and Decker not gotten better in recent years since the merger with Stanley and Dewalt? So I was told by people who have bought B&D

Bosch, Makita and Dewalt is all I really use day to day. Although I must admit i do buy cheap power tools in Aldi and Lidl to tackle the really messy jobs

the_pen_turner

Grab All Association wrote: »

Has Black and Decker not gotten better in recent years since the merger with Stanley and Dewalt? So I was told by people who have bought B&D

Bosch, Makita and Dewalt is all I really use day to day. Although I must admit i do buy cheap power tools in Aldi and Lidl to tackle the really messy jobs

black and decker were great years ago. the owned elu and other top brands. then they decided to spit their top brands into a separate brand (dewalt) and leat BandD for diy tools
B and D still out dewalt
they have also bought Stanley and bostitch. so now the company is Stanley black and decker.

Turbohymac

Hi grab all association. Well at work I used de Walt over the last few years and I found the prices rising and quality falling.. the last drill I bought a few months back was a metabo. With upgraded 5.2 ah li ion battery. Since then I got a mini grinder body.and half inch 600nm impact gun. For sockets.. I'm well pleased and everything including the 2 batteries come with no quibble 3 year warranty.. I think evolution is very low down the pecking order .. And the original poster with his broken chop saw says it was professional or heavy duty.. Well for most manufacturer's they all love to use words like that. Great sales pitch.. Oh and as for the lidl &aldi power tools. Like Parkside. Jesus some are really good far better than some of the earlier mentioned chinese crap.. But mains powered only..i got a 18 volt cordless once and battery was brutally bad.
Hope he gets chop saw sorted
Regards all