by george the crab  13/11/2009  7 Comments  156 Page Views
Commercial law, litigation, contracts, IP, property law
not long back i brought an electric wheel from an internet auction site, with the buy now option. all well and good for the first 15 or so kilometers, at which time it developed a shudder( ie like a blinker, power no power) which caused vibrations. when i got home i tested the wheel and it spun free from the front forks. when this happened it damaged the wires.
i contacted the seller and told him about this, and asked for instructions, after a few weeks i was told how to pull it apart to fix the wires. whilst doing this i extended the wires to allow a better fit.
when it was reassembled and tested the shudder was still apparent. after many emails and slow replies i decided to send the wheel and control box back to the seller, which is when the trouble started, they only told me it had arrived after many emails, then for the last 3 or 4 weeks i heard nothing, until yesterday.
he is claiming that my extension tho the wires has caused the warranty to be voided.
in my last reply to him i disputed his claim, and said i want my wheel in working condition returned, his offer was to sell me another wheel at a discount price.
i have not heard back, now i believe im right and it is his problem to fix. when i brought it i explained i needed it to travel with my eldest child to and from school due to problems with bullies, i also ( most likely irrelevant ) have a defibrillator fitted due to my heart condition, well in one of yesterdays emails he threatened to sue me for wasting his time and false claims.
i should also say that this wheel has more power then the law allows( 200 watt maximum, mine is 500 watt due to large hills)
what are my rights in this, being disabled i cannot afford to pay for another wheel, and i have also been waiting over 3 weeks when i have a email where he says all warranty work is 1 week.
]sorry for rambling but this is putting a lot of stress on me to think i wasted over $500, plus around $70 in phone calls to his answering service.