Laws Concerning Post-Warranty Ability To Have Equipment Repaired

If this repair may effect risk to the safety of the operator, the OEM may have liablity issues.

Ironic, isn't it?

Remember, more lawyers waiting to graduate law school right now than all lawyers practicing law today.

great.....

They should have them pass a survival test. put 100 grads of law on an island at a time, and only the remaining one alive can practice....oh, oh ...did I say that out loud.

If its televised, probally get pretty good ratings

Some of the reputed companies do allow Low running hour warranty and policy warranty In addition to standard warranty like Caterpillar does on its engines and equipments.If the customer/OEM is a Big Customer You need to check these issues when you order the equipment.Normally sales people don't talk about these warranties because Lots of $s are at stake.Be careful about Limited warranty printed on many products Practically its no Warranty specially products manufactured at Japan.China and other far Eastern countries

crm

The problem as I see it is that to try and resolve the issue by recourse to law would probably cost $10k.

Let them quote for the repair.

I don't know if you have some sort of small claims court or simple judicial system you can apply to.

I agree that the equipment is not 'fit for purpose' if they have deliberately stopped you servicing it..

Maybe you best approach is to threaten them with bad publicity... after having first offered a fair price for the information..which should come with the service manuals.

Sorry it's not much help.

Del

Also not knowing what is the problem, but if the unit is made of poor grade, quality or workmanship, you could tell the manufacturer that your goiong to report them to the better business bereau.

If your in the states

<......the equipment is not 'fit for purpose' if they have deliberately stopped you servicing it......>

It's a good argument to use in the UK under existing consumer rights legislation here, and one that might invoke some negotiation with the supplier with a view to finding a solution. Start by asking for a full refund under the Sale of Goods Act, and let them know the details of a favourite consumer rights action television programme and the name of the local Trading Standards officer!

As to whether similar facilities exist in the original poster's country.....

Sounds like something that happened to me once. It was a calibration issue with the equipment. I called a repair service who used to be an ex-employee and he knew all the codes, he came and calibrated the equipment for a fraction of the cost of the OEM. He also provided a cert. that he calibrated it, which made the ISO auditor happy.

I had worked at an OEM, earlier in my career, They had a unit that when through alot of seals, I came up with a new design that eliminated to have so much replacements.

What was told to me, is that they did not need it, because they make a pile of money selling the replacement.

(lack of competition)

Good answer...

Search on the internet. I found how to reset the service reminder on my car.... some guy had his serviced at his regular garage but they didn't know how to reset the reminder, and the main dealer refused to do it!!!!....The answer was posted for all to see.

Maybe someone out there has posted the codes?

Good luck

Del

Difficult to cite law when you don't tell us what country you are in!

There is the 'sale of goods act' in the UK.

"Our stance is that the ability to make a repair cannot be locked out, making the OEM the only possible repair provider."

Why not? They have a right to do this and the automotive industry does it, software industry does it, it's everywhere.

That doesn't stop people from trying. You have third parties making cheats for software games, changes to the engine management chips in cars, diagnostic tools for cars, etc. The OEM can't stop them, but they surely don't help them and no one can legally demand that they do, either.

I'd start thinking out of the box and see how you can negotiate a better deal with the OEM or a competitor.

one other thing is if you have anything else that is other than the original manufacture authorized service center, fix it. the warranty and liablity is off is no long all to the OEM.

My suggestion is to meet with your company legal committee or the legal advisors retained by such and approach them with your concerns. An SLA, if applicable, had to have been drawn at the time of purchase which contains all binding clauses. Also, I think there are variances according to state. Call your state attorney and see if he can help.

Check to see if there is a third party that can help you fix it. There are lots of good contractors out there.

http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.shtm

Thats the suggestion that I'm looking for. Right under my nose! Thanks.

Sorry for using a pseudonym! I was just trying to see how this feature of cr4 worked...!

You're welcome

Ron

The guest leaves us in the dark with respect to country of equipment origin & end user location. We need a
CR4 requirement for all posters to disclose location. It would be so useful in many responses. In this case all countries have different laws, and even states & provinces have major variations.

WRT problem at hand, however, I suggest locating the teenage kid that broke the I Phone code. He'd likely break your code for free

My apologies to all. I am new to the forum and did not realize the scope this forum had world wide. This is an issue in the U.S. with a Siemens Gamma Camera used in the medical imaging field. ..........and yes it would be nice to hook up with the kid that broke the iPhone code. I'm sure this would be easy for him, since the code is driven by the mac address of one of the network cards on the workstation.

If it is MEDICAL...

There are certainly issues with unauthorised people messing with the equipment. The manufacture could be liable.

I would let them repair/service it.

Del

Its the same everywhere, "look before you leap", Caveat emptor......etc..

Tis should have been sorted before the equipment was bought.

Do not buy their equipment again if you feel caught out.

Publicize, but there might be valid technical reasons for Siemens to know who and when goes in there for warranty reasons....that they might then be made liable for......

Negotiate a repair at the lowest cost for now.....

re customer warrantte

several times mention to where the jurisdiction lays has been presented no replies posted yet; this means what country do you live in>?

2)is the device ex warranttee?

3) did the owner of the device actualy read and accept the terms of the sales aggrement(s), or were the erms of the sale interpreted to the purchasing princip[le of the contract in a manner allowing reasonable comprenhesion of its terms?

4) has any injury occurrred to t agent of any member of the purchasing party? if so when and whhat was the injury's nature and extent?

last if the device has been used pursuant to terms of maintainamce dictated by covenannts of the sale whhich requires exclusivity of service to the original equiping vendor in a unbroken chain then it is unlikely a decision in the purchasers favour would be available statures of most common law countries.

i am not a solicitor or barrister i provide this information only for your perusal without intent to derive any form of consideration delivereable via any medium.