Cylinder

[hilrosepaul]

The terms and Conditions are on the document that is issued with each 'membership' card (Trainees and qualified divers).

Everyone who registers with Capernwray gets one or the other or both.

[garethwoodruff]

The Unfair Contract Terms Act 1977 :

2 Negligence liability

(1) A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.

(2) In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.

Ok, you can argue 2 points:

that the system set up at Capenwray is custom and practice that you leave your cylinder to be filled and return later and that the tag system points towards that.

Secondly the notice was insufficent and was not reasonable anyway despite the fact it is not enforceable.

Just a few thoughts..... I would have thought a solicitors letter would be sufficient and add the cost of that to the bill.

Just a few thoughts.........

Cheers,
gareth.

[MJH]

I don't know where he stands legally with this one but if he wants to dive there or get fills there in the future is taking action against them really such a good idea?

[Matt-75]

I doubt they'd ban him over it, but then i doubt he'd ever dive there again after the bad experience and hassle.

Hopefully the person who nicked it will return it, like the digger incident the other year (although that was a little more likely due to its unique look).

Dont know about the legal standpoint, but tbh i'd just write it off and buy myself two 12s and get them pre mixed ready for diving. Then paint them pink and light green (stripey), so the likelihood of someone nicking them is nil (except for maybe some female members of this site with dodgy tastes).

But hoping you get it back.

[Paul Oliver]

That COST Price is rather steep compared to the price several outlets sell them at

[hilrosepaul]

Originally Posted by MJH

I don't know where he stands legally with this one but if he wants to dive there or get fills there in the future is taking action against them really such a good idea?

Originally Posted by Matt-75

I doubt they'd ban him over it, but then i doubt he'd ever dive there again after the bad experience and hassle.

Hopefully the person who nicked it will return it, like the digger incident the other year (although that was a little more likely due to its unique look).

Dont know about the legal standpoint, but tbh i'd just write it off and buy myself two 12s and get them pre mixed ready for diving. Then paint them pink and light green (stripey), so the likelihood of someone nicking them is nil (except for maybe some female members of this site with dodgy tastes).

But hoping you get it back.

Capernwray pretty much have the inland market sewn up in the north (and they know it), and a ban would really hurt.

I'm (optimistically) hoping for a settlement without recourse to the law.

Hopefully it wasn't nicked - it was an honest mistake. I like the idea of the paint tho - uberstroke or what

Originally Posted by Paul Oliver

That COST Price is rather steep compared to the price several outlets sell them at

The cost price is incredibly steep - that's why I made a counter offer

I'm hoping this was an innocent mistake, cause the alternative betrays my trust in the diving community. Here's hoping

[Sparky750]

Paul if you need a cylinder in the mean time i've got a spare 15 you can borrow (as long as you don't loose it Cheap shot i know ) their trade price is absolute bollox either that or they're being shafted which i seriously doubt. Hope it turns up mate and give me a shout if you want to borrow a 15

[MJH]

TBH Paul whilst I can understand your frustration (I'd have a major hiss if it was my cylinder) I can see both sides of this one.

I have never been to Capenwray so have no idea how things work there. But I do spend a lot of time in the fill shed at Wraysbury.

For those who don't know Wraysbury currently has two comprsessors in a metal container. Air fills are paid for in advance and once full cylinders are placed outside the door. On a busy day I work flat out for hours just to keep things moving. The fill shed is very noisey and very hot and can be very stressful. There is no way I have the time to police who picks up cylinders. Students from other schools often ask me which cylinder is theirs and I tend to just look blankly at them because I just don't have a clue. Often they discribe the cylinder in question as 'the yellow one' and then are astounded that I still don't know.

IMO divers are honest - a cylinder has never gone missing while I have been there, but I guess the system is open to abuse.

[hilrosepaul]

Bump - Just in case its turned up

[Jay_Benson]

Originally Posted by Matt-75

Hopefully the person who nicked it will return it, like the Digger incident the other year (although that was a little more likely due to its unique look).

Someone nicked Digger? I can understand why they returned him.