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Post by ACADEMY on Feb 12, 2006 14:40:21 GMT 1
SERVICE CALLS --- more and more service calls are coming my way with blinds failing within the year guarantee.
Am I suppose to do these for nothing or should Hillary's pay me for these call outs. Why should I be out of pocket with petrol expense and my own time.
Steve
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Post by inkjet on Mar 9, 2006 1:44:19 GMT 1
Steve it would have been nice if someone had told you that it is your customer. Therefore you are responsible for the faulty product under English Law.
Ie THe Customer goes to the Sellar for Redress, You were the Sellar and therefore you are responsible.
Tough I know but that is the Law
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Post by BlindWizard on Mar 9, 2006 10:33:37 GMT 1
NO they are Hillarys' customer. The blinds are advertised, sold, supplied, invoiced and guaranteed by Hillarys under their T&Cs. Advisors are self-employed (as Hillarys keep pointing out) who offer a service to represent Hillarys selling and fitting blinds.
If part of our contract with Hillarys is to service the blinds we fit in the first year then that is the legal element, we are not "responsible for the faulty product under English Law".
I've just looked at my Advisor Business Agreement and can't find any reference in that but it does refer to the information handbook. When I have time will look at that. I think we should argue the point that if it is due to our service eg fitting then we service free of charge within out guarantee period of one year but if due to Hillarys faulty workmanship then we should be paid.
Out of interest on looking at the agreement it does say that Hillarys "will supply you with the following sales aids: sample books, sample blinds, prices lists, ORDER FORMS, business generation pack, Spare kits, tax pack, paying in book, OTHER OPERATIONAL PAPERWORK" - So why are we paying for SAM paper ??
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Post by greenpesto on Mar 9, 2006 11:12:10 GMT 1
I agree!!!
The contract is between the customer & Hillarys.
They have to take full responsibility with regard to the overall product & service.
If we were to leave Hillarys the day after an order or a fitting then Hillarys are responsible for the continued support to the customer.
As regards to 'Consumables' that relate to any form of contract between Hillarys & the customer is at the cost/expense to the company.
Therefore we should NOT be paying for paper, order forms or any such like.
All companies are making cut backs but in terms of how Hillarys have done this by giving us their running costs by means of SAM is unethical & a 'shittie' thing to do!
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Post by inkjet on Mar 9, 2006 12:24:57 GMT 1
I thought a bit of controversey would stir you up.
I still say Under The Sale of Goods Act theSeller is reaponsible.
Therefore if we are Genuienly Self Employed we are the Sellar.
But this is all part of the murkey Line between self employed ad employed.
I agree Hillarys are responsible.
But i sometimes use it when explaining The Diffrence Betweem Hillarys, UK Blinds and Carolina and their % year and Ten Year Warranties
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Post by blinder on Mar 9, 2006 15:47:39 GMT 1
It's pretty clear that the contract is between Hillarys and the customer.
The customer calls Hillarys to buy some blinds.
We go out as a sales agent and sell the Hillarys product.
The money is paid to Hillarys.
Hillarys offer a guarantee on the product and replace and repair, at their cost, any faulty blinds.
Hillarys bamboozle us into the refitting of the faulty items at our cost. The replacement items belong to Hillarys until refitted at the customers.
How can we be responsible for that service cost?
Fuzzy logic.
Someone ought to bring it up or perhaps if we refused to go out on service calls until renumerated something might get done.
Although it would cost Hillarys plenty to do so, it might focus their attention a bit more on QC
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Post by BlindWizard on Mar 9, 2006 21:38:51 GMT 1
I agree blinder, we should be paid and it would help to make Hillarys more QC aware paying an extra £20 for fitting but not convinced it will as they seem happy to remake blinds free of charge instead of ensuring quality in the first place.
What's the best way persuade them we should be paid ??
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