Where do I stand- Faulty bag has bent my gun

[seansamurai1]

Re: Where do I stand- Faulty bag has bent my gun

Totally agree with you Johnny! but there are some £10 slings out there that are CACK!!!! I love the viper slings, they are solid!!!

Ironically Ive broken 3 viper slings now, all gone on the metal clip that clips to the sling loop, it one of them (a 3 point sling) was held on with a keyring loopy bit from a BFG, even had the split pin attached.
One broke whilst stalking a group of people in a woodland game, another snapped at an urban game and that one no word of a lie I was just standing there with my hand up and snap, went on the clip on the stock end luckely so no damage done, just made an effing loud bang clatter. The third I was actually moving at pace towards a doorway and it went clatter when I went to reach for a grenade. Needless to say I only go real deal slings now like the Magpul ones, L85 slings or Real steel MP5 slings.

[badger906]

Re: Where do I stand- Faulty bag has bent my gun

one thing i will add, ive had fire arms experience from a young age, and one thing my dad always told me when carrying a gun, make sure when it in a case to have the barrel facing upwards, that way if you drop it the stock takes the brunt of the damage.

however that goes to pot if like me you use a one point sling.. as the natural position of the gun is barrel down, unless you mount it at the front of the gun... which nobody would.

[Lockesley]

Just my tuppence worth whether it is agreed on or not....

I come from an outdoor clothing retail brand and selling high end products like tnf / berghaus etc we saw a few items come back with similar issues with holdalls, rucksacks etc and people stating their fitness for purpose ( ok not with aeg's but cameras etc taking damage ) it is a grey area as unless there was a maximum stated load carry I.e weight or capacity and it has failed under their stated performance you will have to hope on a goodwill gesture as things like straps and zips (unless they bare the manufacturers logo directly on tabs or the design woven into the strap itself not label) it will be deemed as an accessory fault and not of the product itself (under the logic you can still carry stuff in a bag even if you can't zip it up).... The rules suck I agree and feel for you having such a mare and hope the people help....if they don't then name n shame the seller so nobody else has issues and karma shall reward

[PureSilver]

Re: Where do I stand- Faulty bag has bent my gun

Badger, for someone who claims to be a retail manager, you seem to have a very poor knowledge of contract law, the sale and supply of goods and services act, the unfair contract terms regulations and the sale of goods act. The person selling the goods is the person who entered into a legally enforceable contract with the customer, not the manufacturer. The retailer is protected from consequential damage (ie broken gun, kids arm etc) only if it's made clear to the customer before purchase. Once purchased, the contract is in force and it's too late to tell them there are exclusions.

As the seller you are responsible.

Sorry badger906, Caveira and TrooperX are right. The sale is between you and your customer, not between the manufacturer/distributor and your customer. You are liable if the product is unfit for purpose, is unwanted (under the DSR) etc and telling people otherwise is at best misleading and at worst an outright lie. Pleading that they must refer to the manufacturer is rubbish; the manufacturer did not sell them the product and it is irrelevant that you haven't tested the product for yourself. Furthermore, bearing in mind that "ignorance of the law does not excuse" (ignorantia juris non excusat) the fact that you don't know the law is not a defence should some savvy customer decide to drop you in the s***.

Regarding OP's problem, you're f*****. Buying el cheapo goods from abroad, where you aren't protected by the weighty fist of English law, comes with the risks you have just discovered. Bad luck.

[Lt3033]

Re: Where do I stand- Faulty bag has bent my gun

As this happened at home you can claim on your house insurence as 'accidental damage' for your gun. Hope this helps and I hope you get a nice new shiny gun!

Callum.

[sparrowhawk]

Re: Where do I stand- Faulty bag has bent my gun

just out of curiosity, when hong Kong was under the british flag, did it use the same legal systems, and do they still apply?

off to ask google....

here we go....
http://www.hklii.hk/eng/hk/legis/ord/26/s16.html

[Caveira]

Re: Where do I stand- Faulty bag has bent my gun

telling people otherwise is at best misleading and at worst an outright lie.

Actually it's a criminal offence if done on a sign in the shop!


It's also a criminal offence not to display a sign stating that any guarantees don't effect their statutory rights.

[Coz]

Re: Where do I stand- Faulty bag has bent my gun

I had a similar thing happen to me

I bought a UNIVERSAL wall mount for my monitor, It was a Tevion one from Lidl or Aldi (cant remember what one)

After looking at the instructions I put the frame together and then chose the small set of screws that they supplied, as I screwed the frame to the back of my brand new £80 LCD monitor I heard a crunch so i stopped and obviously the language was bad, it was even worse when i plugged it in and got power but no picture.

I went straight back to where i got it from and took the monitor with me and i complained like hell, they said it was nothing to do with them and it was Tevion who was at fault, so i went back home and called Tevion, who said......Yep you guessed it it was nothing to do with them it was the shop i got it from so after i found a manager who was willing to help me, he took my details and contacted Tevion himself.
2 weeks later i had a call from the Legal department of Tevion, it was some nice chap who went through everything with me and got me a refund for both my monitor and the crappy mount it took 2 months but still its better than nothing.


It may be a bit harder for you if its from China as they usually don't bother with manufacturers labels or just copy someone else's but keep annoying them until you see a result.

[Caveira]

Re: Where do I stand- Faulty bag has bent my gun

I had a similar thing happen to me

I bought a UNIVERSAL wall mount for my monitor, It was a Tevion one from Lidl or Aldi (cant remember what one)

After looking at the instructions I put the frame together and then chose the small set of screws that they supplied, as I screwed the frame to the back of my brand new £80 LCD monitor I heard a crunch so i stopped and obviously the language was bad, it was even worse when i plugged it in and got power but no picture.

I went straight back to where i got it from and took the monitor with me and i complained like hell, they said it was nothing to do with them and it was Tevion who was at fault, so i went back home and called Tevion, who said......Yep you guessed it it was nothing to do with them it was the shop i got it from so after i found a manager who was willing to help me, he took my details and contacted Tevion himself.
2 weeks later i had a call from the Legal department of Tevion, it was some nice chap who went through everything with me and got me a refund for both my monitor and the crappy mount it took 2 months but still its better than nothing.


It may be a bit harder for you if its from China as they usually don't bother with manufacturers labels or just copy someone else's but keep annoying them until you see a result.

Tevion's Aldi. I had an MP4 player from them that broke after a couple of months, so I took it back. The girl on the counter said I had to go to the manufacturer as they "had paid for a 3 year warranty" so I didn't need to go back to them. I said that as I'd bought it from them it was up to them to sort it out, so she replied that this wasn't true, otherwise what would be the point of the warranty. She then passed me one of their leaflets which said I should go to the manufacturer after the first 28 days and said that was the deal they had with me. I passed the leaflet back to her asking if she'd read it and she said she had. I then said that the bit at the bottom which says my statutory rights aren't affected means that I can deal with them and she again said I couldn't. I asked to see the manager and while I waited she was bitching to other customers about me being unreasonable.

As soon as the manager came over I said what I wanted, he tried the contact the manufacturer line and I replied with "my contract is with you, so I want you to sort it out". He straight away agreed an exchange with the version they were then selling, with me being happy to pay the difference. While the paperwork was being done he told me that the staff are trained that the warranty over-rides the right to have the store deal with any problems.

[TrooperX]

As this happened at home you can claim on your house insurence as 'accidental damage' for your gun. Hope this helps and I hope you get a nice new shiny gun!

Callum.

Only if there is accidental cover on the policy AND there are no restrictions that would exclude this particular scenario/item AND OPs mum/dad don't care if their house insurance premiums are more expensive for the next several years due to the claim!!!

[Lt3033]

Re: Where do I stand- Faulty bag has bent my gun

Only if there is accidental cover on the policy AND there are no restrictions that would exclude this particular scenario/item AND OPs mum/dad don't care if their house insurance premiums are more expensive for the next several years due to the claim!!!

Was just a suggestion from my own parents, obviously I don't know his living situation I was just trying to help with a friendly suggestion.

[Wrcallar]

Re: Where do I stand- Faulty bag has bent my gun

I just want to clarify. This is a full gun bag not a sling. The bag has an over the shoulder strap. The gun was facing up. The top of the strap gave way over my shoulder and so the gun fell and the top of the gun had picked up quite a bit of speed before it hit the floor before any other part of the gun did. It didn't simply just fall out of my hand 2 feet on it's side then break

I've had a response from the seller and they said they will refubd me the cost of the bag if I send them a pic of the damage. They said nothing about the gun as predicted! I've written back saying I think it's fair that a good will gesture as compensation towards the repair of the gun would be fair in this situation. I know I can't make them so it's a case of asking nicely now If I don't get anything i'll then go in to explain how I will name and shame them to 'UK's biggest airsoft communities" lol. Worth a try at least

Thanks for you help and stories guys. Congrats on getting your monitor and mp4 replaced!

[Crysis]

Same thing happened to one of my guns on a bag I bought from zero one

Gun got written off ( barrel through gearbox ) hop etc

And zero one refunded my bag cost but that's where it stopped.
Still miss that rifle

[CK]

Re: Where do I stand- Faulty bag has bent my gun

The barrel went through the gearbox!? How hard did you drop it??

[Crysis]

Was on my shoulder in bag bag strap went and it landed on barrel.