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Damage Caused by Product

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Donmgb | 22:08 Wed 29th Feb 2012 | Civil
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I purchased an item to protect an item of sports equipment and through normal use it has damaged the items I bought it to protect. It was advertised as being protection for the equipment. Can I claim for repair of the equipment that has been damaged?
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I think we need a few more details i.e. How the item being protected came to be damaged through normal use of the protective equipment
Question Author
Hi Zacs-Master, I purchased some golf tubes, these are tubes that go in your golf bag that the clubs slide into and ensure separation of the clubs. They are supposed to protect the shaft of the golf clubs from damage whilst they are in the bag. But what has happend is that the graphite shafts have rubbed against the tubes and have been marked which has caused weak points on the shafts. Do you require any further information?
Don
Yes a link to the products website would be useful to check their T&Cs.
Question Author
I have checked thir website and there are no T&Cs evident
I don't believe you.
Question Author
Whilst I would also expect to see T&Cs on a website I assure you that there are none. Feel free to look youself at www.jlgolf.co.uk if you find them, well done, if you do not I will expect an apology.
I'm pretty sure if you follow the purchase process, they will be on the page before you pay. Have you phoned them to give them a chance to comment or even compensate you?
Question Author
I have sent them a couple of messages, my first feelings were that I had no real comeback and asked them to remove the product from sale. This they have not done and they have not even acknowledged my messages. Being ignored tends to get my back up but I do like to know where I stand before going off on one. The cost of the product is substantially less than the cost of repairing my clubs and I would like to know whether they are liable for the repair or only a refund of the cost of the tubes.
regards
Don
Don, you should realise that you should not use plastic tubes with graphite shafted golf clubs. Instead you should have a bag with dividers that are padded at the top. JLGolf's website does not state that these tubes will protect your clubs, just that they stop the grips and shafts getting tangled. American Golf do state that their similar product is not suitable for graphite shafts.

Chip marks on the paintwork is often caused by the heads of clubs catching the shafts of others when the bag is either being carried or going over rough ground when in a trolley bag, as mine have been although my bag has padded dividers, and when clubs are taken out or being returned to the bag. I believe that the paintwork on your club shafts is only cosmetic and any chips will not seriously damage their performance.

I doubt that you have any comeback on the seller just because you bought a product that wasn't correct for your actual needs.
hiya, it seems to me that if what twix is saying about the website is correct (i don't doubt her, just haven't looked myself) then you don't have any comeback at all. If they claimed the tubes stopped tangling and they did, then i think they are fit for purpose, and you have just bought the wrong product for your needs
i would dop what zacs says and go through a mock purchase and see if you find any warnings or info at that can tell you.

if they are not advertised as protectors then you cannot expect them to protect...

i agree it seems like you would think thats their purpose but technically it isnt.

i assume they should have been lined or padded to protect...otherwise whats the difference between them banging the inside of the tube as banging against each other.

its worth a try though, even if you just get some good will vouchers to enable you to get the correct product.

as stated though, i doubt a bit of rubbing will have truly weakened them that much...is there any form of repair can be done to restrengthen?
This sale would probably have come under the Distance selling regulations which would provide a 7 day return option, presumably the alleged fault did not become apparent until after this time. The terms and conditions of sale would be important to see if the supplier had an exclusion of liability for indirect or consequential loss if not you can try to take legal action in the civil courts, but first you should try to reach an agreement with the supplier.

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