Damaged skis ;-(

I'd go with the SOGA 1979 (sales of goods act), and as they're less than 6 months old, it's up to the manufacturer to prove that they were NOT faulty, rather than the other way round. It's only when they are over 6 months old that you have to prove the fault.

I smell a rat here...

Personally, on principal, I'd sent a recorded delivery letter to Scott, along with a copy of the SOGA, highlighting the section about the product being under 6 months old, along with a print out showing evidence that others have also had this delamination issue, and ask them to replace or repair the skis free of charge, as per your legal entitlement!

If you're happy to pay for a new pair, then fair enough, but I really hate companies that like ripping people off and snaking out of taking responsibility when they probably know it's their fault. I wouldn't pass them another penny of my money!

gadgetgirl79 wrote:I'd go with the SOGA 1979 (sales of goods act), and as they're less than 6 months old, it's up to the manufacturer to prove that they were NOT faulty, rather than the other way round. It's only when they are over 6 months old that you have to prove the fault.

I smell a rat here...

Personally, on principal, I'd sent a recorded delivery letter to Scott, along with a copy of the SOGA, highlighting the section about the product being under 6 months old, along with a print out showing evidence that others have also had this delamination issue, and ask them to replace or repair the skis free of charge, as per your legal entitlement!

If you're happy to pay for a new pair, then fair enough, but I really hate companies that like ripping people off and snaking out of taking responsibility when they probably know it's their fault. I wouldn't pass them another penny of my money!

I would also totally agree with this post & the other one relating to your rights under the SOGA.In my experience & I have had a few the system does work but will require firm input from you,I personally pursue all the issues to the justifiable end,in one case with my car for 2 years but won in the end.
You on the other hand might consider the less hassle route & that's your decision to make,some companies expect people to give up if they complicate the issue.
Another slight possibility is your next insurance premium may go up as a result of claiming through them.

Thanks for everyones input into this. It really should be a simple matter. Scott have agreed with the retailer that this is not a manufacturing issue. There seems no point arguing as they are not likely to change their minds at the end of the day.

My biggest issue is being able to confirm when the damage happened. It was only during my Easter trip that I noticed the damage when I cleaned the skis down after a day on the slopes ready for packing, so it may have happened before and taken time to become visible? I really dont know how these things work.

Anyway, I have to say Snowtrax have been very helpful in providing documentary evidence of purchase and confirmation of the damage cause for insurance purposes, along with a very good discount on a replacement pair of next seasons model, which my insurance will just about cover, give or take £30 or so. I dont smell a rat, just a company looking to offer a good level of customer support, and lets face it, they are under no obligation to offer me anything now that the manufacturer have confirmed it is not a warranty issue. I am impressed that Snowtrax want to offer a solution to be fair.

I believe I am entitled to get my damaged skis returned, as they are my property. Is this correct?

IF you wrote off a car and the insurance company paid out would you reasonably expect them to return you the car?

(genuinely not sure but I don't believe you would be entitled to the skis)

If an insurance company writes off a car you are entitled to keep it if you want Pabs they will just deduct the salvage value from your write off value! 8)

However a lot of household insurance companies don't care about actually seeing the damage and in Tony's case i would reckon that if he sends them a report and photos of the damage they will duly send him a cheque and not ask for the skis.... but you never know!

Pablo Escobar wrote:IF you wrote off a car and the insurance company paid out would you reasonably expect them to return you the car?

(genuinely not sure but I don't believe you would be entitled to the skis)

Thats totally different, as there are legal implications with having a "written off" car.

AllyG wrote:I am with Bandit on this one - the 'rear end impact' sounds much too convenient.

I had a problem with my nearly new car, a car which was covered by a 3 year manufacturers warranty, and the garage also said it was 'rear end impact' which wasn't covered under the warranty (and was totally invisible plus I am the only driver and I leave it overnight in our own yard so it must have happened in a car park in town).

However, life is too short for long stomach-ulcer inducing arguments sometimes, and I just paid to have it fixed. The second time it happened, though, they claimed under the warranty and I got it properly fixed for nothing (better glue and clamp, Brucie). And the car's been fine ever since.

I think I'd do the same as Tony - just say thanks very much and buy some new skis with the money (assuming the insurers don't argue about it, and I don't see why they would). But I'd think twice before buying the same skis, in case it really is a manufacturing fault, as Bandit said.
I'm sure the problem with my car was a manufacturing fault.

Ally

Ally, with the greatest respect, I know you do not own your own skis, and I also know from what you say that you are not up to speed with things like equipment.

I also dont think this rear end impact story of yours has any relevance whatsoever in this case.

Why would I possibly think twice about buying another pair of Neo's? They are exactly what I want, look great, ski fantastically well, and come in my perfect length.

Thanks for your input though.

From my experience the insurance company would go with the paperwork you have & not require acquisition of the skis,best to ask them as I know you want to keep them & have them repaired which makes sense.
Whatever you decide I hope it all goes well for you.