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Product Claims


peza2010

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I would quiet like to hear peoples storys of products claiming things such as "unbreakable" and such like.

for example I found a 13amp trailing socket on a website, and in the description was written "unbreakable rubber moulding"

Clearly it WILL be breakable by something, so can they claim things like that with a kind of "policy" of what the limits of how far the "unbreakable" claim streches?

 

so what are your thoughts?

how far can they push this boundary?

and what similar things have you seen?

 

Cheers

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I'm sure that many years ago this was 'tested' in court but I can't find reference to it. However, the outcome came down to that wonderful legal definition of what is 'reasonable'. In effect, if a product is described as unbreakable, it's supposed to be unbreakable in 'normal' use. The claim is often accompanied by a lifetime guarantee and many suppliers are happy to honour them.

 

Again from memory, the test case was about something that became unusable after being chewed by a dog. The judge ruled that it was unreasonable to expect the manufacturer to replace it when the owner had failed to protect the item from being chewed by the dog.

 

So I guess if you bought one of these and ran over it with a road roller and it splayed and flattened, you possible would not have a claim. Equally, if you dropped it into liquid nitrogen, and then hit it with a hammer, it would be deemed unreasonable use. However, use it for a time in a domestic environment, and then it falls apart, I would expect the supplier to replace it.

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Ok, this is pure idle speculation....

 

If we take it that a 13A socket is primarily intended as dom3st1c or office item, then unbeakable would probably mean "unbreakable in any reasonable dom3st1c use" rather than say "will withstand being run over by a JCB" as it would be inappropriate to use a standard 13A connector in circumstances where such a risk was present.....

 

edit - beaten to it by the other Robin

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Okay so if you move this on to "lifetime warranty" let's take Monster Cables for example...

They offer lifetime warranty on most (if not all there cables) and if it breaks you take it to the shop you bought it from, and they give you a new one. Now I don't have first hand experience of this, but another forum had a post on it that said the person that worked in the shop they bought a monster cable from said "you could literally tow a car with it, and we would replace it!!" now I'm guessing either the cables cost a fortune to buy in the first place, or that statement is incorrect!!?

 

So does anyone if there "lifetime warranty" is based on fair usage, or could you buy one, chop it in half and get it replaced?

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Don't be silly.

Definitions such as "merchantable quality" and "fitness for purpose" limit a retailers liabilities. I very much doubt that the owner of the shop would agree to replacing cables used to tow cars!

 

A "lifetime warranty" is for the standard life expectancy of the cable within normal usage parameters. You probably need to mail it back to the States and pay for post and package returns. My Zippo has a lifetime warranty and it only costs me £16 to have it repaired/replaced.....I can buy a replacement for £20..... and I don't have to wait three weeks for a fag!

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My Zippo has a lifetime warranty and it only costs me £16 to have it repaired/replaced.....I can buy a replacement for £20..... and I don't have to wait three weeks for a fag!

 

True, but don't throw the old one away. I got together with a few others from the pub & we sent about 8 together. An as new Zippo for a couple of quid is well worth it!

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A bit more research on monster cables show that the only limitations in terms of the lifetime warranty is that it cannot be cut, and the connectors cannot be pulled off. So if you can manage to toe a car without the cable snapping or the ends breaking off, and it no longer works - they will replace it!
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I heard a tale along similar lines from an EV rep a while ago. They had an offer on "unbreakable" microphones and one enterprising dealer decided to get rid of his unsold stock by cutting them in two with a chop saw. Apparently EV paid up, partly because it had given them all a laugh.
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Okay so if you move this on to "lifetime warranty" let's take Monster Cables for example...

They offer lifetime warranty on most (if not all there cables) and if it breaks you take it to the shop you bought it from, and they give you a new one.

Not quite that simple I'm afraid.

 

If it failed within the period that is deemed 'reasonable' (there is that word again!) life, then yes, the retailer is legally responsible and you return it there. However, if it a manufacturers claim, (as Prestige stainless steel saucepans used to be for example), then it depends on the contract between retailers, wholesalers, importers, producer et al as to whom carries the responsibility. Many UK manufacturers take that responsibility themselves as retailers can and do close-down. Hence my Sony TV with 5 year warranty, after the first year or so, I would need to contact Sony directly to exercise my right to the extended warranty. This has little to do with Sale of Goods or similar, its a 'contract' between you and the company making the offer over and above your statutory rights. All that said, I would expect any reputable retailer to have a working relationship with the manufacturer to allow then to deal with any such claims and charge it back, but that comes down to the contracts in the supply chain. Nothing in life is simple!

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If I remember correctly, Shure had a launch event for the Beta 58 (at Ronnie Scott's?) in which they invited those who attended to throw a mic around the room, off the walls, onto the floors etc. then took it onto stage and plugged it in: it worked as if new! I think they were going for the "virtually unbreakable" claim! :)
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