Legal help

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UK Film

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Legal help

PostMon Jun 16, 2014 7:08 pm

I was sold a faulty product with Fixed Pattern Noise.

Features on this camera were also mis-sold to me.

What are my rights and what is the legal process if a re-seller is unwilling to help in the UK.

Thanks
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Adam Simmons

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Re: Legal help

PostMon Jun 16, 2014 7:26 pm

How long have you had it for and how did you buy it?
You should get in touch with trading standards
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UK Film

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Re: Legal help

PostMon Jun 16, 2014 8:23 pm

A couple of months.

But aren't I covered by The Sale of Goods Act 1979?
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Adam Simmons

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Re: Legal help

PostMon Jun 16, 2014 9:34 pm

That's why I suggested getting in touch with trading standards, they should be able to help you out and give you proper legal advice rather than random strangers on a website saying what they 'think' you should be able to do.
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Tom

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Re: Legal help

PostTue Jun 17, 2014 11:27 am

To be clear, IF you have a legal claim or anything pertaining to the SOGA then it is with the reseller, not the manufacturer.


Also, speaking from experience as someone who has both worked in Customer service when people went through this route and as someone who has tried going down this route as a customer - it isn't easy and can take a lot of time.

You're best bet is to gather up the legal facts and work your way up the reseller's chain of command until you can speak to a high up manager who is able to properly deal with the problem. People underneath them are basically there to act as a buffer so that very few people get to him/her.
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John Greene

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Re: Legal help

PostTue Jun 17, 2014 12:07 pm

Tom wrote:To be clear, IF you have a legal claim or anything pertaining to the SOGA then it is with the reseller, not the manufacturer.


Also, speaking from experience as someone who has both worked in Customer service when people went through this route and as someone who has tried going down this route as a customer - it isn't easy and can take a lot of time.

You're best bet is to gather up the legal facts and work your way up the reseller's chain of command until you can speak to a high up manager who is able to properly deal with the problem. People underneath them are basically there to act as a buffer so that very few people get to him/her.


Like we say in the Caribbean ( The Problem is coning from the source ) And that source is BMD!
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Tom

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Re: Legal help

PostTue Jun 17, 2014 12:35 pm

tifose wrote:
Like we say in the Caribbean ( The Problem is coning from the source ) And that source is BMD!




You can have all the sayings you want, but the UK LAW would disagree with you.

The end seller is liable.
Tom Majerski
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http://www.Tracksandlayers.com
Motion Graphics - Colour Grading - VFX
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John Greene

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Re: Legal help

PostTue Jun 17, 2014 1:11 pm

Tom wrote:
tifose wrote:
Like we say in the Caribbean ( The Problem is coning from the source ) And that source is BMD!




You can have all the sayings you want, but the UK LAW would disagree with you.

The end seller is liable.


am not trying to fight you or say your wrong on that, But way too many people are returning the Cam and everyday it's something new about this Company. it comes back to who made the Camera with so much Faults?

the seller or the law of your country can say what ever but the Company need to address this
i will never Buy a next BMD Cam for the Simple lack of Communication with it's Customers!

Tom say what ever Bro. im out
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Tom

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Re: Legal help

PostTue Jun 17, 2014 1:22 pm

tifose wrote:
am not trying to fight you or say your wrong on that, But way too many people are returning the Cam and everyday it's something new about this Company. it comes back to who made the Camera with so much Faults?

the seller or the law of your country can say what ever but the Company need to address this
i will never Buy a next BMD Cam for the Simple lack of Communication with it's Customers!

Tom say what ever Bro. im out


I am not disputing any responsibility regarding alleged faults - I am talking about legal responsibility for selling a product.

Legally, Blackmagic did not sell this person the camera. They sold it to their reseller, who then sold it to the user.

You seem to be focused on attributing blame for the alleged faults, I am talking instead about who is liable to the end user.

The UK sales of goods act pertains to the agreement of sale for an item or service. In this case, the legal agreement was made between the reseller and end user. No legal sales agreement was made between blackmagic and the end user.

I am trying to advise the OP with regards to getting a refund/replacement rather than divert the conversation onto who is to blame.
Tom Majerski
Colourist at Tracks and Layers
http://www.Tracksandlayers.com
Motion Graphics - Colour Grading - VFX
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John Greene

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Re: Legal help

PostTue Jun 17, 2014 1:32 pm

Tom wrote:
tifose wrote:
am not trying to fight you or say your wrong on that, But way too many people are returning the Cam and everyday it's something new about this Company. it comes back to who made the Camera with so much Faults?

the seller or the law of your country can say what ever but the Company need to address this
i will never Buy a next BMD Cam for the Simple lack of Communication with it's Customers!

Tom say what ever Bro. im out


I am not disputing any responsibility regarding alleged faults - I am talking about legal responsibility for selling a product.

Legally, Blackmagic did not sell this person the camera. They sold it to their reseller, who then sold it to the user.

You seem to be focused on attributing blame for the alleged faults, I am talking instead about who is liable to the end user.

The UK sales of goods act pertains to the agreement of sale for an item or service. In this case, the legal agreement was made between the reseller and end user. No legal sales agreement was made between blackmagic and the end user.

I am trying to advise the OP with regards to getting a refund/replacement rather than divert the conversation onto who is to blame.


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Joshua Helling

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Re: Legal help

PostThu Jun 19, 2014 1:08 am

Please contact the UK office directly. They will work with the dealer to get you your money back.
Joshua Helling

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Scott Stacy

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Re: Legal help

PostTue Jun 24, 2014 3:58 am

Impressive! Now this is customer service. Good deal.
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