legal / small shop question - hi fi repairs?

Question

Anyone familiar with small shop / legal situations
I took in a piece of equipment for a repair.
The equipment had a simple situation which needed a few screws removed and an item soldered.

while the equipment was away from my sight, the volume knob got broken off.
The repairer does not admit responsibility but I know for a fact that the control was 100% intact when it was taken in. The way it is broken indicates it took a sharp knock to the side
basically he is going to order a new one and expects me to pay for it. (£7.85 - price from manufacturer)

I cannot *prove* that the knob was intact when I took it in
Up until now, There was no invoice or receipt indicating the shops position (ie, I havent seen anything that says 'this shop does not accept responsibility for any damage...... etc, etc)

what is the legal position?

hypothetical situation (not planning on doing this, you understand)
what is the legal position If somebody were to pay the money and get the equipment back, and then protested outside the shop with a placard or somesuch saying "this repair shop broke my hi fi"

Answer 1

All business should have liability insurance for a start off although for a relatively inexpensive item hardly worth making a claim on this route.....sounds like they're just shifting the blame on you to save them from having to pay for it.

It's a tough one as neither of you in all honesty can prove who's to blame.

As for standing outside with a placard, again you'd have to have solid evidence to support your case or you could be sued for slander.

Answer 2

While I can't speak to the legal side of who is liable for the repair since it seems that there are no real "witnesses" outside of yourself and the customer. I can say that you may want to consider how hard you push back on this issue.

While you shouldn't feel held hostage by an unhappy customer you should approach this as a marketing opportunity. If you pay for the knob and fix it for free you may garner some good will with this individual which will lead to positive word of mouth advertising for you.

If you don't and push the issue you potentially face an irate customer who may decide to start some type of negative campaign against you (signs, placards, web blog, etc.).

Do you really want to risk all this for a small knob?

There is a retailer here in the states (L. L Bean) that has a very simple guarantee that creates almost fanatical customer loyalty:

"Our products are guaranteed to give 100% satisfaction in every way. Return anything to us at anytime if it proves otherwise. We do not want you to have anything from L.L. Bean that is not completely satisfactory."

Simply put they will repair or replace any product regardless of age or condition or how it got that way. This approach to customer service has built one of the most loyal customer bases in history.

I might suggest taking a similar approach.

From a practical perspective I might also suggest an incoming inspection be done before you accept a repair. A quick two minute look over with the owner to point out any scratches, dings, or broken bits will help defuse situations like this.

Good luck.

Answer 3

In case you are in the UK, contact your nearst Citizens Advice Bueau: http://www.citizensadvice.org.uk/