Thai citizen A went to a repair shop to have an electronical appliance repaired. Shop owner B promised to change defective parts, using new spare parts, repairing the appliance.

Next day A receives the repaired item and tells B that she will pay the price X later on. However, after getting home, A realises that no parts have been exchanged by new ones, and the repair doesn't justify the price X as the appliance is still defective. She calls B to tell him about the faults and offers repair price Y after consulting other repair shops. B doesn't agree, but threatens A with police, even though he knows that he cheated A by giving A broken spare parts, even making parts of the appliance worse.

What should A do? Insist on the "fair price" for new parts, or pay up fully?

You should check that it worked before you left the place.

I would not pay

Funny how it works, I was in a electronics repair shop yesterday

On the spot i explained the problem, with broken thai/english

He then spent the next 30 mins checking it out, he found the problem but had no parts

NO CHARGE, i insisted on some small $ and left.

Amazing that A was allowed to take the appliance and go home without paying. As the appliance was not tested in the shop before leaving (a mistake), B can now say that it was damaged after it left the shop (after being properly repaired).

How much is the appliance worth? How much was the initial agreed repair cost? Does A and B live/work in close proximity?

Depending on the above A might want to just hand back the 'repaired' appliance and walk away (forever) and buy a new appliance. If we are talking big money and A has the time, then A might want to lodge a consumer complaint with the relevant authority. Still no appliance to use though.

With the bad blood now, whatever additional amount that A now pays to have it re-repaired may not result in a well-repaired appliance (meaning ongoing headache and no use of the appliance for however long it takes until A gives up and buy a new one)

Probably the best approach will be to buy a new appliance

although not really related to the post , this info might be useful.

Consumers win potent new rights

Product law makes it easier to seek justice

By: SURASAK GLAHAN Published: 20/02/2009 at 12:00 AM Newspaper sectionPeople caused suffering by unsafe products will be able to fast-track their damages claims under a new law taking effect tomorrow. Consumer groups have welcomed the law which they say would make damages claims faster, easier and less of a burden, but the business sector says aspects of the law are unfair.

The Product Liability Act of 2008 imposes strict liability as well as the burden of proof on the entire chain of business - from design to manufacturing, import to distribution.

It defines that damage caused by unsafe products can be blamed on defects in manufacture or design, or a lack of instructions or warnings.

''This is a milestone [in legislation] in Thailand, allowing consumers to be able to better seek justice should they be harmed by defective products,'' said Saree Aongsomwang, manager of the Foundation for Consumers.

Consumers with complaints about an unsafe product could lodge a claim with the Consumer Protection Board.

The law is a product of the 2006 coup-appointed lawmakers. It also falls under the jurisdiction of the Consumer Case Procedures Act of 2008 which took effect last August.

''Under the new law, you don't have to be the one who bought services or products [to be able to file cases],'' said Michael Ramirez, a Bangkok-based consumer law expert and a consultant for law firm Tilleke & Gibbins.

''For example, your mum buys a microwave but you are the one who uses it and are harmed by its defects. Then you can file a consumer suit.''

Both acts remove the burden of proof and other difficulties, as regulated in the civil and commercial code, facing individuals when they seek damages for harm caused by unsafe products.

Now they only have to prove they suffered damage due to the use of certain products without identifying business operators and the technical background of a product's defects.

Business operators are obliged to prove in court that their products are safe and not defective.

The law allows damaged parties to file cases, in writing or verbally, to a court without the need to hire lawyers to represent them. They are also exempted from court fees. The court is required to commence proceedings without delay.

In addition to compensation, the court can order punitive damages and psychological damage can be taken into account. The product liability law forces manufacturers, businesses hiring others to manufacture, importers and distributors to be held liable together for damage caused by their unsafe products.

The law has sent nervous ripples through the business sector. Businesses could still be liable for the harm caused by their defective products even if they have conformed with existing regulations and standards in the manufacture and sale, Mr Ramirez said.

''From our clients' perspectives, that's precisely the area they're concerned about. There isn't a means to protect them,'' he said.

Distributors or sellers of the products who may not be aware of the defects and failed to identify the manufacturer will also be held liable, he said.

But Ms Saree said the business community should not be frightened by the act if they are determined to do the right thing.

Unlike consumer cases in countries like the United States, where giant awards have been given as punitive damages, the Thai act is not harsh on that matter, she said.

Instead, the law would force the entire business community to be more responsible. For example, advertisers giving wrong information on unsafe products should be held liable, she said.

''If you're not involved in the process of creating such defects, you will just need to prove it in court,'' she said.

This will lift the standard of manufacture and sale in all sectors of business, she said.

''What I worry more about is that, culturally, Thai people may not be very active in seeking their rights under these acts,'' she said.

Mr Raminez agreed there would not be an explosion of product liability cases similar to the West as there is no class action law here.

You should check that it worked before you left the place.

I would not pay

Fair enough, but in this case the customer could not detect the faults in the parts immediately, but only later, e.g. things were not done as agreed, old parts instead of new parts used (e.g. battery), some exchanged parts were even broken, but full payment requested. All these faults will have to be mended again, so that the customer will end up paying twice!

Take out the parts that were replaced and return them to the shop.

Then go to the manufacturers local dealer and get a proper job done.

IDK if its because I am arrogant and people don't bother with me when this kinda things happen to me, but i will often just leave and tell them to call as many police as they like. Have had it happen a couple times, once with a motorbike I drove off on. Never actually had an issue with anyone... I just leave. I'd tell B to go Fk himself and A should go find a new repairman.

Cheers, mates, for the valuable advice.

A + B = BIB - (X+Y)

Ever had a vehicle serviced by Toyota? You have to sign a form saying that you received the vehicle back in good working order and pay the money before you are allowed to collect it and drive it away.

This is the problem I have with getting my pick-up fixed. I can feel a vibration at certain speeds and the tossers at Toyota say I need 4 new tyres. So if they change them all and I hand over x0,000 baht, what do I do if I can still feel the vibration? Tell 'em to change the tyres back?

Ever had a vehicle serviced by Toyota? You have to sign a form saying that you received the vehicle back in good working order and pay the money before you are allowed to collect it and drive it away.

This is the problem I have with getting my pick-up fixed. I can feel a vibration at certain speeds and the tossers at Toyota say I need 4 new tyres. So if they change them all and I hand over x0,000 baht, what do I do if I can still feel the vibration? Tell 'em to change the tyres back?

Did you try to go to a specialized tyre shop (Michelin for example), and have your wheel balance , and your tyres tested ? It might rule out this cause !

A + B = BIB - (X+Y)

(B + BIB) x B/S = A - THB

Ever had a vehicle serviced by Toyota? You have to sign a form saying that you received the vehicle back in good working order and pay the money before you are allowed to collect it and drive it away.

This is the problem I have with getting my pick-up fixed. I can feel a vibration at certain speeds and the tossers at Toyota say I need 4 new tyres. So if they change them all and I hand over x0,000 baht, what do I do if I can still feel the vibration? Tell 'em to change the tyres back?

A good dealer would take all four wheels and tires off a company or employee's truck and put them on your truck. after a test drive, you would know if it corrected the problem. It takes maybe fifteen minutes to swap wheels.

Thai citizen A went to a repair shop to have an electronical appliance repaired. Shop owner B promised to change defective parts, using new spare parts, repairing the appliance.

Next day A receives the repaired item and tells B that she will pay the price X later on. However, after getting home, A realises that no parts have been exchanged by new ones, and the repair doesn't justify the price X as the appliance is still defective. She calls B to tell him about the faults and offers repair price Y after consulting other repair shops. B doesn't agree, but threatens A with police, even though he knows that he cheated A by giving A broken spare parts, even making parts of the appliance worse.

What should A do? Insist on the "fair price" for new parts, or pay up fully?

I'd go to C

Big C

Edited February 26, 200917 yr by easyride

etsetBkk Posted Today, 2009-02-26 09:08:12

Ever had a vehicle serviced by Toyota? You have to sign a form saying that you received the vehicle back in good working order and pay the money before you are allowed to collect it and drive it away.

This is the problem I have with getting my pick-up fixed. I can feel a vibration at certain speeds and the tossers at Toyota say I need 4 new tyres. So if they change them all and I hand over x0,000 baht, what do I do if I can still feel the vibration? Tell 'em to change the tyres back?

J

In a previous life I was/am an alloy wheel specialist.

if you have a vibration problem and you have alloy wheels normally its a spigot ring missing from the back of the wheel. No matter what tyre Michellin / cheap chinese stuff, you will have a problem at certain speeds.

do you have a 4x4 with alloys on?

if yes this is your problem..

etsetBkk Posted Today, 2009-02-26 09:08:12

Ever had a vehicle serviced by Toyota? You have to sign a form saying that you received the vehicle back in good working order and pay the money before you are allowed to collect it and drive it away.

This is the problem I have with getting my pick-up fixed. I can feel a vibration at certain speeds and the tossers at Toyota say I need 4 new tyres. So if they change them all and I hand over x0,000 baht, what do I do if I can still feel the vibration? Tell 'em to change the tyres back?

J

In a previous life I was/am an alloy wheel specialist.

if you have a vibration problem and you have alloy wheels normally its a spigot ring missing from the back of the wheel. No matter what tyre Michellin / cheap chinese stuff, you will have a problem at certain speeds.

do you have a 4x4 with alloys on?

if yes this is your problem..

You are full of BS , go back and play with your TOY TRUCK .

Did you try to go to a specialized tyre shop (Michelin for example), and have your wheel balance , and your tyres tested ? It might rule out this cause !

I don't want to hijack or divert 007's thread as I've already posted about the problem here: http://www.thaivisa.com/forum/Wrong-Tyre-t244348.html , but I will say that the wheels have been balance checked - supposedly - by Toyota, and when I free-wheel in neutral gear there's no vibration.

A good dealer would take all four wheels and tires off a company or employee's truck and put them on your truck. after a test drive, you would know if it corrected the problem. It takes maybe fifteen minutes to swap wheels.

I did think about that - asking them to swap all the wheels for a good set, but I don't this Toyota garage qualifies as "a good dealer".

If anyone would like to comment, please do it in the original thread here: http://www.thaivisa.com/forum/Wrong-Tyre-t244348.html

Ta muchly.