Mark Powell 2 Posted August 30, 2012 Share Posted August 30, 2012 Pete B's statement. I do not think I have seen anything in my 67 years that I agree with more. Every single word. Quote Link to comment Share on other sites More sharing options...
Biggles' Elder Brother - Moderator Posted August 30, 2012 Author Share Posted August 30, 2012 Some excellent points there Pete and I would agree with much that you say. I do have sympathy when retaillers are "having the wool pulled over their eyes" and someone by clumsiness, ignorance or simple mistake "blows" a Lipo and then tries to claim the device was faulty. But this applies in many areas of retail, lots of items are complex or require care in handling, it doesn't justify, in my view, an attempt to deny the consumer his/her legitimate rights. The really interesting case I think is one that runs like this: suppose you buy a Lipo from company X. Its delievered and you check the cell voltages and their fine. Now, you change the connector to suit your set up and charge it up. First couple of cycles are fine - no problem. Then suddennly a cell dies on you after say 4-5 flights. What are your litigimate rights now? Well basically, as I see it, you are entitled to ask for refund or replacement. The battery is clearly not of merchanable quality as it should obviously handle many more than 5 charging cycles. But the retailler will cite the following; firstly that you have altered the battery - new connector - thus voiding the warranty - secondly the fault is due to your mishandling of the battery or its charging/use in some way. Is this likely to win through? I would suspect that if you were to pursue the matter it would come down to are you reasonably entitled to call yourself a competant person when it comes to these devices? If you had, say 4 years trouble free experience; had owned, or own, say 20-30 other Lipo batteries and not had problems, had changed all these batteries' connections with no difficulty or failure; then I believe you would have a case to claim to be experienced and competant and any test of reasonablness must conclude that the most likely explaination is that, in this case, the battery was defective. On the other hand, if this was among your first ever Lipo's, you had never changed a set of connectors before or if you "had a history of such claims against retaillers" then a reasonable person might conclude that you were the common factor in these failures! But whatever the details of the case the plain fact remains no retailer has the right to remove your consumer protection with so-called "limited warranties". If they wish to mount a case that it is due to your mistakes that the battery failed, then the onus is on them to prove that on the balance of probability. BEB Quote Link to comment Share on other sites More sharing options...
Pete B Posted August 30, 2012 Share Posted August 30, 2012 Thank you, Mark - like everyone else, I always enjoy a bit of flattery.......... Too true, BEB - a very convincing argument with which I cannot disagree. The problem is in the implementation, of course. Whether it is worth going down the line of litigation for the cost of a Li-Po is questionable, so there will always be some dissatisfaction for one party or the other. What we need, perhaps, is a modeling Ombudsman............with the wisdom of Solomon! Pete Quote Link to comment Share on other sites More sharing options...
Erfolg Posted August 30, 2012 Share Posted August 30, 2012 Has he purchased any batteries? Quote Link to comment Share on other sites More sharing options...
Biggles' Elder Brother - Moderator Posted August 30, 2012 Author Share Posted August 30, 2012 He's purchased loads Erfolg - and he's about to purchase more. BEB Quote Link to comment Share on other sites More sharing options...
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