Why the saddening blow to my fms mustang?

[John Davies 4]

I know this is an old post , but back in the early 90`s I had a brand new Futaba FF7 , the early version with no model memory , anyway it was in a TopFlite P40 Warhawk , with a brand new Enya 60 , infact everything was brand new . It took off no probs , I did a circuit and next thing it rolled inverted , I rolled it upright , and a few seconds later it rolled inverted again and ploughed into concrete hard ground , totally smashing everything , engine included In fact I have never seen an engine so badly smashed , it was literally in pieces , even the crankcase was smashed . To say I was a little p****d off would be a massive understatement . I duly returned the radio gear to the local H/S where I bought the radio and they duly sent it off to Ripmax . After a considerable wait it was returned repaired free of charge , the fault having been traced to a dry joint on the SMT pcb in the receiver . On enquiring about the total loss of the engine and airframe plus all the other materials used to build the kit the shop owner shook his head and explained that there was a "get out clause" in the small print stating that they Futaba would not be held responsible for any other damage or loss They should I think be responsible for damage proved to be caused by their faulty product .

[Piers Bowlan]

I am no expert on retail law in the UK, perhaps someone else on the forum is. Futaba are entitled to write what they like in the small print but there is no such thing as a 'get out clause'. Products must be of merchantable quality and fit for purpose. Your faulty receiver was repaired fair enough but I would have thought the model shop would have incurred some liability for your financial loss as a consequence of the model's crash and total destruction. If you had a written report from the Ripmax service centre to prove it was faulty you might have had some leverage with the model shop. I suppose you might have some difficulty in proving that it was that receiver they sold you.

If for example you buy a car from a dealer and after you drive down the road the brakes fail causing you to crash, your argument would be with the dealer not the manufacturer of the car. If you were forced to sue to get compensation you would sue the dealer. The dealer would then have to try and get redress from the manufacturer. Liability is always at the point of sale.

I don't think it would have been unreasonable in your case to politely request the model shop to go some way towards compensating you for your loss by, for example, supplying a replacement model and engine at cost. If his response was mirth and incredulity you could have then written to him saying you will in that case pursue compensation in full through the small claims court. He might then take you up on your original offer!

This is all historical and now academic of course. However, I wonder how many of us have lost a model due to a product failure and for us to simply shrug and consider it to be just 'one of those things' or 'something that happens' with model flying . I know I have.