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Author Topic: Storm damage  (Read 1629 times)

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j.f.101

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Storm damage
« on: August 26, 2023, 10:03:54 PM »

Just over a year ago, I invested in a new bat having used my previous one for just over 9 years. I decided to splash out a bit and spent around 450 on a premium option. Unfortunately, the bat has recently shown signs of storm damage, with a crack running across the face of the bat and through one edge as well. It hasnt been confirmed 100%, but the manufacturer seems quite sure having seen photos via email.

Typically, the bat has a 1 year warranty so that expired about a month ago, just before the damage started showing. The manufacturer has offered a replacement at 50% cost. Im no lawyer but having tried to understand the UK Consumer Rights Act, Im wondering if I should be satisfied by this. While it was not the manufacturers fault that the bat has broken, the issue was definitely present at the time of manufacture, and has shortened the life of the bat to well below what you might reasonably expect.

As I said, I have no idea if Im interpreting things correctly, so was wondering if anyone has any opinions/experience on this matter? Should storm damage be covered by these rights rather than just by a warranty?
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ppccopener

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Re: Storm damage
« Reply #1 on: August 27, 2023, 07:45:29 AM »

At 450 the storm damage marking should of been filtered out in the making process. Its not difficult to spot most of us on here could tell the common markings just by looking.

Some good manufacturers like Salix and H4L sell these with no warranty but at vastly reduced prices as it literally could last 1 match or 5 years.

At the middle to top end, 450-800 or something you should not have the storm damage markings.

If it was me I would go back and politely requested this is looked at again.

If its a mass produced bat of course the chances of getting a reasonable outcome reduce as its not possible to physically inspect every single bat.

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The4thStump

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Re: Storm damage
« Reply #2 on: August 27, 2023, 07:57:37 AM »

It depends where you got the bat from. If its from a retailer theyll likely have no idea its storm damaged, in which case try your luck with the manufacturer.

If its from a smaller brand who actually made the bat themselves get in contact with them again and urge them to reconsider. If theyre offering 50% as they admit it was storm damaged then thats not on. id at the very least would want either a full refund or a new bat.

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j.f.101

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Re: Storm damage
« Reply #3 on: August 27, 2023, 09:21:30 AM »

At 450 the storm damage marking should have been filtered out in the making process. Its not difficult to spot most of us on here could tell the common markings just by looking.

Thats interesting I didnt know that these kind of markings existed - what would you look out for?
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j.f.101

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Re: Storm damage
« Reply #4 on: August 27, 2023, 09:23:47 AM »

It depends where you got the bat from. If its from a retailer theyll likely have no idea its storm damaged, in which case try your luck with the manufacturer.

If its from a smaller brand who actually made the bat themselves get in contact with them again and urge them to reconsider. If theyre offering 50% as they admit it was storm damaged then thats not on. id at the very least would want either a full refund or a new bat.

Yeah that was my thinking - Im going to send the bat back to them for a proper inspection but they do seem convinced its storm damage. I bought direct from the manufacturer, and they are being very communicative at least.
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jonny77

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Re: Storm damage
« Reply #5 on: August 27, 2023, 10:24:02 AM »

Are there clear signs of storm damage on the bat? Any bat I find with storm damage which is evident, I'll only sell at vastly reduced prices, as I have recently on here. The issue is partly that there's no comeback on storm damage from willow suppliers, so you do get some and have to take the hit selling it for less than cost, or be happy be selling it at full price without making it clear it has storm damage.

Every bat can be inspected I feel regardless of volume, as they're all sanded etc by hand and you can see it when finishing generally. Unless there's a hidden fault, at which point I'd replace it under warranty. Unfortunately, if out of warranty then I'm not sure they're liable regardless.

One batmaker I know said 'You don't get anything back from suppliers on storm damaged willow, so you've got to sell it. If it makes it through the warranty period it's all good. If it doesn't you'd replace it and not make a loss anyway'. Not my style though as I just don't think it's right. However, I've seen plenty of bats come through the workshop from big companies with pretty clear storm damage, so it seems it's the accepted approach by many.

In fairness, they'll still ping and some will last. But I wouldn't be happy paying full price and certainly not 450, if it's clear there is storm damage.
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ppccopener

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Re: Storm damage
« Reply #6 on: August 27, 2023, 10:27:22 AM »

Thats interesting I didnt know that these kind of markings existed - what would you look out for?

Wavy lines horizontally normally across the back of the bat. Not definitive but having had a storm damaged bat break in half I looked up the marks myself for any future bats I get.

Of course those markings may not mean it it break straight away
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jonny77

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Re: Storm damage
« Reply #7 on: August 27, 2023, 11:00:47 AM »

Thats interesting I didnt know that these kind of markings existed - what would you look out for?



This is a pretty obvious case. It doesn't always show this much and can be a clearer, veiny line too in my experience.
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SD

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Re: Storm damage
« Reply #8 on: August 27, 2023, 12:06:41 PM »

Under the Consumer Rights Act, it is the retailer who sold the product to you who is responsible under the Act, not the manufacturer.

Under the Act, goods sold must be of satisfactory quality and fit for purpose. You have 6 years from the date of purchase to bring a claim under the Act but after 6 months from the date of purchase, the burden is on the customer to demonstrate that the product was not of satisfactory quality or fit for purpose.

Understandably storm damage in cricket bats is very a niche field and I am not aware that the Act (or its predecessor, the 1979 Sale of Goods Act) has ever been tested in relation to cricket bats.

My advice would be to write to the retailer setting out that the bat was sold at full price with no advertised damaged and therefore isn't of satisfactory quality and request a replacement
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jonny77

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Re: Storm damage
« Reply #9 on: August 27, 2023, 01:02:09 PM »

Not sure how that would work, but worth a try. There are so many variables with willow and bats, which are made from a natural material and many factors can affect longevity. Would they not be able to argue that the fact it's outlasted the warranty period would mean it was fit for purpose? Just playing devils advocate here, not saying it's right.

I had a Kook Kahuna Pro in for repair which had only seen light net use, but had edge cracks and some starting to go across the face. I saw it had storm damage straight away, so advised that it was best not to repair it and go back to the retailer and ask for a replacement. They refused and just basically glued the cracks a little and sent it back out.
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deanoknight

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Re: Storm damage
« Reply #10 on: August 28, 2023, 08:05:06 AM »





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deanoknight

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Re: Storm damage
« Reply #11 on: August 28, 2023, 08:06:03 AM »

Sorry hit post before writing. Would this be a good example? (Not my bat)
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Kulli

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Re: Storm damage
« Reply #12 on: August 28, 2023, 02:28:46 PM »

Just looks like a hard bar to my untrained eye.
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SD

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Re: Storm damage
« Reply #13 on: August 29, 2023, 12:12:10 AM »

Not sure how that would work, but worth a try. There are so many variables with willow and bats, which are made from a natural material and many factors can affect longevity. Would they not be able to argue that the fact it's outlasted the warranty period would mean it was fit for purpose? Just playing devils advocate here, not saying it's right.

I had a Kook Kahuna Pro in for repair which had only seen light net use, but had edge cracks and some starting to go across the face. I saw it had storm damage straight away, so advised that it was best not to repair it and go back to the retailer and ask for a replacement. They refused and just basically glued the cracks a little and sent it back out.

12-month warranties are a legacy of the Sales of Goods Act which provided that if a customer reported a fault with an item within 12 months of purchase, the burden was on the retailer to prove that the item sold was free from defect.  It wasn't an indication of how long an item should be expected to be free from defect.  The problem a retailer would have if ever challenged is that storm damage is an inherent defect in the product and unless it has been sold expressly as a storm damaged, discounted or defective product, the bat was inherently defective irrespective of how long it took to fail (or indeed without failing at all since the Consumer Rights Act doesn't require a product to have failed, simply that it wasn';t of satisfactory quality). 

Conversely, if a retailer has been upfront and transparent about a bat suffering from storm damage, a customer would have no comeback if the bat failed due to the inherent defect even if that failure occured after a short period of time.   
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jonny77

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Re: Storm damage
« Reply #14 on: August 29, 2023, 07:02:40 AM »

Thanks for clarifying. How does the op stand as this is now out of the 12 month period tho?

As I said, like some other makers I'm always honest regarding storm damage if detected. The same on the very odd occasion a bat has broken for any reason within the warranty period.
This is JS Wrights take on it, taken from their website....

'This wind damage is a natural occurrence and there is absolutely nothing we or the bat manufacturer can do about it. The majority of these bats are found when they are in the manufacturing process but some will still get through to the customer. They will not always break, but if slightly misused or they catch a fast Yorker on the toe with perhaps a poor quality ball they are more likely to break'.
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