I upgraded my kite the less then a month ago (I am not going to mention any brands).

Two days ago I went for a 10 min run then came back in as the kite was under-inflated. As I was walking towards my kite pump in hand ready to put more air in it the centre strut exploded down the middle at the stitching. After close inspection it was obvious that it was faulty stitching. The shop sent pics of what happened to the rep and they were very reluctant to repair it. After some negotiation they agreed to repair the damage.

The problem I face now, is I have a brand new kite with a massive repair job down the centre strut. This was entirely a manufacturing fault, the kite was underinflated and it is obvious that the seam was weak where the strut exploded.

Am I owed a replacement kite?

Just went through a very similar situation with a new kite and had the same outcome. I am not happy having a large repair on a new kite, I am inclined to sell the kite and change brands. I will not bash the kite or the importer on this forum but I would definately have posted a positive post naming all involved if I had been looked after.
S

I don't see why faulty stitching should result in a repair strut and a drastic reduction in resale value of your kite. I'm willing to bet you can take $100 off the resale value of that kite when you sell it because of the repair.

I don't see why we as consumers should pay $2,000 for a kite that hasn't be quality tested properly (or they would know about these problems up front).

No, funnny thing was that I was so happy with the kites performance I was about to post a great review but it isn't flying so well now that it has a two foot long hole in the canopy.
S

Apologies for the long post, and yes its for scotland where I used to live, but australia has similar laws.

If you can't be bothered reading it all, then remember this:

Goods must be:
of satisfactory quality
as described
fit for purpose

regardless of whether its on sale or on special blah blah. Consumers have rights, make sure you exercise them.

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Sales of Goods Act (revised) or (as amended)

Together with the law applying to services, these are the only laws that every consumer should really know by heart.

While laws concerning sale of goods date back 100 years, the only phrase you need to memorise is 'The Sale of Goods Act 1979 (as amended)'.

The ‘as amended’ is important because it refers to laws which have extended the basic 1979 Act and using the phrase tells the trader that not only do you know basic consumer law — you know it has also been amended.

The Sale of Goods Acts lay down several conditions that all goods sold by a trader must meet. The goods must be:

of satisfactory quality
as described
fit for purpose

'Satisfactory quality' covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it does not give you any rights if a fault was obvious or pointed out to you at point of sale.

'As described' refers to any advertisement or verbal description made by the trader.

'Fit for purpose' covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader.

If something you buy from a trader does not meet these conditions, you are first and foremost entitled to have the goods repaired or replaced.

If these remedies are inappropriate, then you are entitled to a suitable price reduction, or to return the goods and get a refund (reduced to take account of any wear and tear).

The Act covers second-hand items and sales. But if you buy privately, your only entitlement to your money back is if the goods are not 'as described'.

If goods that are expected to last six months, do not do so it will be presumed that the goods did not conform to the contract at the time they were bought — unless the trader can prove to the contrary.

In all other situations, it is for the consumer to prove his/her own case (i.e. that the problem existed at the time of the contract). This will prove more difficult, the longer you have had the goods. Subject to this, a consumer has six years from the time he/she buys something in which to make a claim. [Rich - Note that this period is five years under Scottish Law, the law that you will be held to is sketchy. If you have purchased the item from a shop, it's location will state this, Internet, it's head office should decide, but this may be disputed in court to your location at time of purchase.

You only have a relatively short period to get a full refund. After this time, you will be deemed to have 'accepted' the item. If it then turns out to faulty, you will have to claim compensation.


Manufacturers Guarantees

If you bought faulty goods and the matter cannot be resolved with the trader, check to see if the goods came with a manufacturer’s guarantee. If so, check to see what are your rights under it and for how long they last. As of March 31 2003, manufacturers’ guarantees are legally enforceable.


Court Action - Scotland

Little of the Supply of Goods and Services Act 1982 applies to Scotland. But consumers have similar rights under Scottish common law.

Scottish laws give consumers five years — not six — after a purchase to take action if a problem has been discovered.

Consumers in Scotland and those who have bought items in Scotland have significantly different legal rights in the The Scottish court system.

For civil disputes, people take action mainly in The Sheriff Courts.

Most consumer disputes are heard under a special small claims part of the 'summary cause' proceedings which, like the small claims procedure in the English, Welsh and Northern Ireland county courts, is designed to be used without the need for solicitors. It has a maximum limit of £750.

It is also possible to bring an action under normal (and more formal) 'summary cause' proceedings up to a maximum of £1,500. Above this limit, consumers have to use the 'ordinary cause' proceedings in the Sheriff Court, or, if they choose, the Outer House of the Court Session.

Court proceedings in the Scottish Courts do differ considerably from the rest of the United Kingdom. Trading Standards Departments in Scotland enforce criminal consumer laws in the same way as the rest of the UK.

They do not prosecute offenders themselves but investigate the facts and submit reports to the Procurator Fiscal where necessary. It is the Procurator Fiscal who decides whether or not prosecution is in the public interest.

Claims for compensation for aggrieved consumers can be submitted by the Trading Standards Department in their report to the Procurator Fiscal.

Scottish Criminal Law requires that most evidence is corroborated ie evidence is provided from two independent sources.

quote:

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Originally posted by echostorm


Am I owed a replacement kite?

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Yes!! Most warranties state comments like "If caused by poor workmanship or manufacturing fault" The company will replace item.
If it's obvious that the stitching was the culprit then they should stand by their policies.

Plus I'm sure they would love the wrap you would give them and the shop on the forum for their customer service

GL with that.

quote:

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Originally posted by echostorm
I upgraded my kite the less then a month ago (I am not going to mention any brands).

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Was it a one-pump kite ??

quote:

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Originally posted by echostorm

One pump kite... thats correct.

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Internal or external plumbing ?

WTF THEY SHOULD REPLACE IT SOUNDS LIKE CABRINHA AND THEIR DODGY STITCHING I COULD BE WRONG IT COULD BE NAISH OR SLINGER.I WOULD NAME THEM AND SHAME THEM.

quote:

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Originally posted by Kitepower Australia

quote:

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Originally posted by slitepower

WTF THEY SHOULD REPLACE IT SOUNDS LIKE CABRINHA AND THEIR DODGY STITCHING I COULD BE WRONG IT COULD BE NAISH OR SLINGER.I WOULD NAME THEM AND SHAME THEM.

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Well Cabrinha did replace virtually all of the defected kites. But the defect had nothing to do with stitching, it was actually an issue that occured during manufacturing, that was beyone the control and knowledge of Cab. They backed up their product though, and have retained most of their customers.

I cannot understand how a split strut, on a near new kite could not be fully covered, and would not warrant a full replacement. It makes no difference if it was a one pump kite or not.

If there was obvious damage from contact with a hard object, then a repair is all you should get (at your expense).

Maybe the kite will be replaced, the distributor has every right to ask for the product back so they can inspect it. Maybe there is a shortage or stock to actually replace it?

Cya and

Goodwinds

Steve

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BS. I had a 9 and 12 Crossbow 1 which had defective stitching in the struts (the stitching in almost all struts on both kites was seperating). I tried for a month to get Cabrinha to take them back and initially they weren't even prepared to fix them. I can't recall exactly, but I think they were about 4 odd months old. Anyhow after eventually contacting the ACCC to find out what recourse I could take, Cabrinha finally agreed to at least repair the kites. After spending 4 months saying that there was no fault in the kites they then told me that there was a specific set of instructions that they had released to repair this fault. Last Cabrinha kite I will ever get. Anyhow, sounds like any of the big guns can have their off days.

I'm with FOZZY with this one

what are we talking in riddles n rymnes or what,grow up! its getting repaired and move on all of you. Christ! if one day you can all afford a new car by chance, GOD help the dealer if something goes wrong.

it aint a Hellfish!!!

I think you are being phenominally nice and incredibly calm Echostorm.

Exactly the opposite to wha i would be doing,

Originally posted by echostorm

I upgraded my kite the less then a month ago (I am not going to mention any brands).

exploded down the middle at the stitching. After close inspection it was obvious that it was faulty stitching.

my GOD you should be working for 'Cold Case' or 'SVU' you establsished that in a short time?


can you please tell me where did Harold Holt go?

So,according to a witness,you have been dropping your kite !
"I've been out with you on most sessions and you haven't even dropped it much at all."

So,you didn't drop it "much" ???? Just a "few" times???

Anyway,if the stitching was faulty,the manufacturer would replace it.

If the stitching was not faulty,and you have been crashing the kite,then its your responsibility.

Bit hard to understand how an under inflated kite could explode !

Also,an admission of flying the kite underinflated could be an issue !

Sounds like an easy repair along a seam.Shouldn't be too much of a problem.

Sunseeker knows 2