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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice
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Morning, I reasantly purchased some LED Lamps,to replace existing

Customer Question

Morning,
I reasantly purchased some LED Lamps,to replace existing lamps in a Childminder Clients premises.
Delivered on the 26th September we promptly replaced the existing lamps. Checked the operation and left.
That early evening my client experienced a quite dramatic failure, when using it only for the second time. A Lamp erupted with an extremely loud bang and bright flash. Startling adults present aswell as shocking, freightening children.
My client contacted us, I sent a colleague to assitain the cause and rectify.
It transpired that the RCD had tripped, the switch controlling the light fitting was now damaged and intermitent, the shade on the light fitting was damaged.He removed all LED Lamps.
Later the Supplier sent an e-mail asking us to return the product immediately, as they have been informed of a minor batch fault.
I sent an e-mail to the supplier on the 29th September. The supplier called by phone. He said that they had been informed of a "tiny problem with the lamps. That a capacitor had been fitted incorrectly". He suggested that the RCD would allieviate any damage. I suggested an independant Engineer examine the installation or I could send him some photographs if there was a problem. He then wanted one of his technicians to investigate.
Suggesting dates which I explained were not convenient for me as I want to be present. He said he would e-mail me with how we could resolve this.
The e-mail only suggested the same date.
Below is the last e-mail sent 21/10/2013.
Morning,

further to your e-mail on the 29th September suggesting a date which I had already confirmed over the phone, was not convenient. I hoped that you and your Business would sort at least prompt replacement of the Dangerous, Defective parts.

No further correspondence has been forthcoming.

It is now 21st October.

My client is now not willing to allow anybody from your company to access their premises.

As your customer, I am extremely dissapionted.

During our telephone conversation on Sunday 29th September I also suggested an independant Electrical Engineer examine your product and the damage to the Electrical installation. You declined the suggestion. Implying that the RCD trip would protect the installation.I even offered to send you photographs, which you also declined.

You also said that it was a tiny fault with the product. Explaining that a capacitor had been positioned incorrectly.

Now as any first year college student would appreciate, this could be quite a dramatic problem to say the least.

Infact it was.

The lamp in question, when switched on, errupted with an extremely loud bang and very bright flash. Alarming and frightening the adults and children present.

My client as a result refused to touch the electrics until checked.

I sent a colleague to Investigate the problem.

He remove your product and as the switch is part of a Three gang plate, moved that circuit onto one of the other switches. As you suggested, the RCD did trip.

But the light switch controlling this circuit still sustained damage.

Causing it to become floppy in operation and intermittent.

The lamps failure also caused blackening to the lamp shade.



We require this settlement of this matter.

As previously stated, I purchased your product in good faith.

I installed these items in my clients premises in good faith, trusting you would not supply Dangerous, Defective parts.

My client being a Childminder, reasonably expects any materials used in her premises, to be of the highest Quality and Safety Standards.

This has dragged on long enough.



Please can you confirm in writing what you intend to do, with some urgency.



Many regards XXXXX XXXXX Long

He replied.

Hi Alan,

Thank you for your email. We were awaiting your reply to our communication on the 29/09/2013.

We have been distributing this product for many months without any issues, but the manufacturer had made a mistake with one of the batches and as soon as we were notified, immediate necessary precautions were taken to alleviate the situation by removing the affected product from market and recalling the small number of affected bulbs.

We are passionate about our business hence our immediate action to recall the product and would never sell or consider selling defective / dangerous products. All our products go through various tests to make sure they are completely safe if a fault develops or if there is a manufacturers fault.

We are always willing to work with our customers to resolve any issues and believe it is not necessary to inconvenience you with obtaining a report or taking photographs as we were willing to send a qualified NIEIC approved electrical technician but do not in any way restrict you from doing so.

If the bulbs have not already been returned, please send them back to us at your earliest convenience as per the email sent on 28/09/2013.

Kind regards,
Sam.
The lighTree Team.

I do not know how to proceed. Your advice would be most helpful.

regards Alan
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Would you mind summarising your question because I think this exceeds the word length for my ipad and so I cannot view it all?
Customer: replied 3 years ago.


I purchased some LED Lamps, we fitted them on 27th September into a childminders premises.


The second time she switched on a particular light fitting. There was an extremely loud bang and very bright flash. The RCD controlling the lighting and some sockets, tripped. The client wouldn't use Electric until investigated.


We sent an Electrician immediatly, he removed all the new LED lamps. Discovered that the light switch was now faulty and the lamp shade for the faulty lamp was blackened.


 


28/09/2013 we received an e-mail asking us to return the product as they had been informed of a minor batch fault.


On 29th September I e-mailed the supplier explaining the course of events and asking what action they would take.


I then immediatly received a phone call. The supplier suggested that it was a "tiny problem, a capacitor was positioned in the wrong place".


He suggested that the RCD would allieviate any problem. I suggested that an independant Engineer take a look at the installation and their lamps. Or I could forward photographs. He then said he would require his technician to investigate and suggested dates. I wanted to be present and none of the dates were convenient.


He said he would e-mail me with suggestions of were to go from there.


The e-mail just re suggested the same date.


I waited for further correspondance. On 21st October I -mailed the supplier to find out what was going on.


below is his reply.



Hi Alan,

Thank you for your email. We were awaiting your reply to our communication on the 29/09/2013.

We have been distributing this product for many months without any issues, but the manufacturer had made a mistake with one of the batches and as soon as we were notified, immediate necessary precautions were taken to alleviate the situation by removing the affected product from market and recalling the small number of affected bulbs.

We are passionate about our business hence our immediate action to recall the product and would never sell or consider selling defective / dangerous products. All our products go through various tests to make sure they are completely safe if a fault develops or if there is a manufacturers fault.

We are always willing to work with our customers to resolve any issues and believe it is not necessary to inconvenience you with obtaining a report or taking photographs as we were willing to send a qualified NIEIC approved electrical technician but do not in any way restrict you from doing so.

If the bulbs have not already been returned, please send them back to us at your earliest convenience as per the email sent on 28/09/2013.

Kind regards,
Sam.
The lighTree Team.


I am unsure of how to proceed.

Customer: replied 3 years ago.

For Jo C


Hello,


I purchased some led lamps, 27/09/2013 fitted immediately they arrived, in my clients premises.


The secondtime my clint used one lamp erupted with a very loud bang and bright flash.


My client is a childminder and the adults and children present were alarmed, shocked and freightened. My client refused to touch the electrics until checked.


I sent a colleague, he discovered the RCD had tripped at the Consumer Unit, one damaged lamp, the light switch intermittently faulty and some blackening to the lamp shade.


He removed All new LED bulbs.


The following day we received an e-mail from the supplier recalling the lamps, explaining that there was a mistake in manufacture.


I then e-mailed them on 29/09/2013 explaining the course of events. Aswell as explaining that this has cost me in labour and reputation.


I immediately received a telephone call. The Supplier stated that it was a "tiny fault, the capacitor had been fitted in the wrong place".


He suggested that the RCD would alleviate any damage. I said that I was quite happy to get an independant Engineer to examine the installation and his lamps, at his cost. Or forward some photographs to him.


He said no, he would like his technician to investigate. He offered some dates which I said were not convenient as I wanted to be present. He implied he would e-mail me with his proposed course of action.


On receiving the e-mail it just re-iterated the same dates.


I awaited his suggested course of action.


21/10/2013 I e-mailed explaining my disapiontment and asking what they were going to do.


Below is his reply.



Hi Alan,

Thank you for your email. We were awaiting your reply to our communication on the 29/09/2013.

We have been distributing this product for many months without any issues, but the manufacturer had made a mistake with one of the batches and as soon as we were notified, immediate necessary precautions were taken to alleviate the situation by removing the affected product from market and recalling the small number of affected bulbs.

We are passionate about our business hence our immediate action to recall the product and would never sell or consider selling defective / dangerous products. All our products go through various tests to make sure they are completely safe if a fault develops or if there is a manufacturers fault.

We are always willing to work with our customers to resolve any issues and believe it is not necessary to inconvenience you with obtaining a report or taking photographs as we were willing to send a qualified NIEIC approved electrical technician but do not in any way restrict you from doing so.

If the bulbs have not already been returned, please send them back to us at your earliest convenience as per the email sent on 28/09/2013.

Kind regards,
Sam.
The lighTree Team.


I would like to know my rights regarding redeeming the cost of the labour, parts etc incurred because of this incident.


 


Many regards Alan

Expert:  Jo C. replied 3 years ago.
So, in short, you purchased some light bulbs which failed and you had to replace them?

And your question is whether you can recover the costs?
Customer: replied 3 years ago.


I purchased a product which failed. I incurred cost to investigate the failure, to remove the faulty and potentially dangerous products.


There will be cost to replace the light switch and lamp shade.


When a replacement led lamps are fitted there will be a further cost.

Expert:  Jo C. replied 3 years ago.
Thank you.

Your primary rights arise from the sale of goods act as you probably know already. Under the sale of goods act you do not have a claim for consequential losses which is what you are trying to claim. You do have a claim for the replacement of the failing goods.

However, you can always drop down on the general law of contract. Under the general law of contract there is an implied term in any contract that it will be performed to a proper standard. If it is not then you do have a claim for consequential losses. Its not a point commonly taken to court but its certainly one that you can argue.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

For Jo C.".


 


Hello Jo,


 


I appreciate your professional and learned assistance.


In 32 years as an Electrical Engineer I have not had the need for


legal advice through my work, until now.


I hope you are not offended when I hope it will be another 32 years


before I require more advice.


In todays latigious world I somehow doubt it.


I will not hesitate to contact you, if available, should any other queries arise.


 


Many regards. Alan


 

Expert:  Jo C. replied 3 years ago.
No problem at all!

Sadly we are becoming more litigious

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