Cylinder

[Madfish]

[quote=hilrosepaul;921622]On the Terms and conditions, there is a clause about not being responsible for cylinders left for a fill.
Chris's initial offer was a replacement at trade, but that is £123. I paid £108 for it last Jan from Kent Diving (delivered with a handle). I offered to meet him halfway and pay £60 but he wouldn't accept that. I thought it was a reasonable offer, ...............
He said he would ring around the dive schools tomorrow and I agreed to get in touch with him on Weds to see if he had any success.

The bu**er is that the value of a new / replacement cylinder is below my insurance excess, and lower than court fees if I took it to small claims.

Originally Posted by warmwaterdiver

you could have always waiting with it to be filled rather than leaving it unattended.

I dont think you 'll get very far in the small claims court if theres a clause in the T&C

sounds more like he was doing you a favour offering you a new one at trade price and contacting clubs to see if anyone picked it up by mistake

you might also find unattended items fail to be payed out on your insurance

I think that kind of favour, I could do without TBH And the cylinder wasn't left unattended. I would argue that it was left in the care & control of the staff @ Capenwray. The directors can put up any signs they like - does the Unfair Contracts Act no longer apply?

Oh well as they say all publicity is good publicity so your cylinder may be returned Paul, on the otherhand, the Capenwray staff may soon tire of twenty or thirty concerned punters 'attending' their cylinders.....

Good luck
Di

[liamm]

To be honest i think a replacement at trade price is a fair compromise.

[warmwaterdiver]

it still wont make any difference Di, as they'll accept no liability for you leaving it with them

a bit like the signs we put up in carparks saying you can park here but "the owners accept no liability for damage, however caused"

thats all I was putting across

[cave_troll]

other places do the same thing. the only way around it would be a ticket system where when you hand the tank in you get a ticket with a number on it, and that has to be handed back to get the tank

[liamm]

If i remember right the ndac has a sign out system where you have to analyse and then write up the result and serial number, still wouldnt stop a scrote nicking it.

[Jay_Benson]

Originally Posted by warmwaterdiver

it still wont make any difference Di, as they'll accept no liability for you leaving it with them

a bit like the signs we put up in carparks saying you can park here but "the owners accept no liability for damage, however caused"

thats all I was putting across

That does not mean that it is legally enforceable.

[hilrosepaul]

I've spoken to Trading Standards.

As they had taken my money for the fill, They are contractually obliged to provide the goods and services paid for. They can't discalim liability once money has changed hands. Edit - Apparently they have a duty of care and the 'Tort of Negligence' applies. /end edit]

I might mention that to them on Wednesday.

The mental image of large numbers of divers attending their cylinders while they were being filled would disturb me if I were then owners / managers of Capernwray. There is sometimes not enough room to swing a small cat in there as it is

[warmwaterdiver]

Originally Posted by hilrosepaul

As they had taken my money for the fill, They are contractually obliged to provide the goods and services paid for. They can't discalim liability once money has changed hands.

the liability for the fill correct

they will simply refund you the cost of the fill, if you paid them in advance, which IIRC you do at Capernwray

[Stesh]

When you get a fill at Capernwray they give you a tag and tell you to put it on your tank and leave for the lad to fill.
Now if thats not saying "we're looking after it",I don't know what is?
What they should be saying is "hand this tag to the lad and wait for your tank to be filled incase someone nicks it".

[videogirl]

Originally Posted by hilrosepaul

I've spoken to Trading Standards.

As they had taken my money for the fill, They are contractually obliged to provide the goods and services paid for. They can't discalim liability once money has changed hands. Edit - Apparently they have a duty of care and the 'Tort of Negligence' applies. /end edit]

I might mention that to them on Wednesday.

The mental image of large numbers of divers attending their cylinders while they were being filled would disturb me if I were then owners / managers of Capernwray. There is sometimes not enough room to swing a small cat in there as it is

Where were the Terms and Conditions displayed? Were they noticeable or were they stuck on the back of a door out the way?