Im being treated badly by W.I.R.E.S over a faulty helmet-Help

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Hi there, please can anyone help give me some advice?14 months ago i bought a Welding helmet from a local sales rep from a company called 'Salop industrial and welding supplies' (part of W.I.R.S, a larger Wolverhampton based company), he gave me a full receipt for it and i paid cash(£85 plus £14.87 vat)when i went to his house to buy the helmet. Now, 3 weeks ago the helmet suddenly stopped working (by 'stopped working' i mean that it is an 'auto darkening' helmet which means it has a device that you look through that automaticaly darkens the split second you start welding and this has stopped auto darkening therefor making it impossible to use) so i text the rep to explaining what had happened and he explained that he would meet me at my place of work to take a look. When i met him at my work and he took a brief look at the helmet he explained that if he sent the helmet back to the manufacturers they would immediately say that the fault was due to me getting weld spatter(excess bits of hot weld that sprays up as you weld) on the device....now i use a protective plastic cover over the device, just as every welder does and as every welding helmet requires you to, so the only way any 'spatter' could get on to the device is through the plastic compartment that holds both the auto-darkening device in the helmet and the plastic protective lens, i have noticed that this compartment is loose and there is a gap that is big enough for these extremely small bits of spatter to get through. I explained this to the man and let him get on with sending the helmet back, i also explained to him that my contract of sale was with him/his company and not the manufacturer but i let him go down this route in the hope we could come to an agreement(i also asked him for any letters/emails he would recieve in the meantime).......last week i recieved a cardboard box with the helmet, the device and a copy of random emails and a report from the manufacturers not exactly verifying anything just stating 'spatter on the lens', i text the man who said that was all he recieved and that if i wanted to take it up with his company(as id said i would) then to make any letters for the attention of him....i find this a little suspicious so i asked my company's buyer who would be the number one person i should contact and he gave me the name of the managing director of the parent company w.i.r.s. What route i wish to take is that even though the helmet is outside the 12 month period it should still be working fine, especially for around £100, welding helmets usually last for a number of years, especially at this price as it is possible to buy them from £40! I should point out that the helmet is in good condition for 14 months worth of use and it is clear i have taken care of it!! So, after advice, i sent this letter to the chairman of w.i.r.s:Dear Mr Tanner,I purchased a light reactive/auto darkening Jackson Welding helmet late last year from your company through one of your sales reps, *****. I paid cash for the helmet and still have my proof of purchase, **** advised me that if I had any problems I should contact him. Unfortunately, approximately one month ago the auto darkening mechanism stopped working, I contacted **** who promised to see me on his next visit to my place of work (as he sells to the company I work for, Technocover in Welshpool, Powys). When **** next came to my place of work, a week later, I did not receive a call to see him so I took it upon myself to go and see him myself.He assured me, without examining my helmet, that the auto darkening mechanism had probably failed due to weld spatter on the mechanism face. I explained that I take very good care of my helmet being as it cost over £100, and that I would never attempt to use it without the relevant lenses in front and behind the mechanism, I even asked **** if he agreed that the helmet was in excellent condition for approaching twelve months old, he agreed with me and commented that I ‘must have looked after’ the helmet, which was exactly my point. I then pointed out that there was a fault with the outer lens casing and that it was loose on one side and that if any weld spatter had reached the auto darkening mechanism then surely this was the reason why. **** dismissed this out of hand and said he would send the helmet back to Jackson if I ‘really wanted to’ but assured me that they will come to the same conclusion which was that the spatter on the mechanism was the reason it had failed. I stated to **** that according to the Sale of Goods Act, 1979, the contract of sale is between myself and the seller and that Jackson should not really be involved. He insisted that the correct course of action would be to send the helmet back to Jackson so I asked him to keep me updated with any feedback from them. Over ten days later I received a cardboard box from my supervisor at work, not ****, containing my helmet, the auto darkening mechanism and a copy of some internal emails from Jackson which did not, in my opinion clarify the reason for the fault. I contacted ****by text and he replied stating that was all the information he had received from Jackson and implied that that was the end of the matter. I notice in the terms and conditions on your website that any warranty or guarantees fall with you, it would be greatly appreciated if you could investigate this matter for me.I would ask that your company consider replacing my faulty welding helmet as a gesture of goodwill. I am a regular contributor to many welding forums, including Ukwelder.com and I am aware that you did not gain 3m sole distribution rights by giving bad service, please help me restore my faith in your company.To my suprise, i recieved this reply yesterday:Thankyou for your letter dated November 12th regarding your Jackson Welding helmet.Please find attached the report from Jackson Safety which states that any warranty claim is void due to spatter on the lensThis report concludes the matter and no replacement or refund is dueHowever, I must also refer to your comment in the letter regarding 3M and their supply arrangements with our companyAt no time did this company either request or were subsequently refused a sole supply agreement.In fact 3M have responded tot he comment as follows"Having checked this with our Welding Manager, 3M are happy that you reply in a manner your feel appropriate. Shold this go any further and directly effect 3M business with on line chat room jibes about our choice of distribution partner WIRS, then we can look again at this and address accordingly. Please feel free to say you have talked this over with 3M. Anything else I can help you with please call me"Phil Roe, Sales Representative 3M Welding UK PLCI look forward to receiving your wriiten retraction of the "bad service" comment and of course an email will sufficeIn the meantime if we can be of any further assistance to you please do not hesitate to contact either Mark Haycocks ort myself directlyYour faithfullyKevin MarbyUK Sales and Marketing ManagerNow what really bugs me is that they have completely ignored my point: That there was a fault with the outer lens casing and that it was loose on one side and that if any weld spatter had reached the auto darkening mechanism then surely this was the reason why!! Personally im a bit shocked at their letter and how they basically dont give a rubbish*t. Im sure this topic will get a few of you saying things along the lines of 'let it go and move on' but i cant help but feel a bit hard done by to be honest- I bought a helmet for over £100, the mechanism stopped working due to a fault with the lens casing and now im being told 'hard luck'!!Please please can anyone advise me what to do next? Thankyou to you all!
Reply:Iv been given this advice:Well, you have 2 choices: you can take it on the chin and never use this brand of helmet again... or you can get an independent report, which you will have to pay for yourself, then send them a letter with copy of said report (providing that the report confirms your opinion, of course!) and asking them once more for refund/replacement as item is neither of satisfactory quality nor fit for purpose under SOGA 79, and giving them 14 days to comply. If they don't then sue them. With an independent report confirming that the item failing can be down to other factors than lack of car and with their own confirming that apart from that the helmet had beem taken very good care of, then the balance of probabilities is quite heavily weighed in your favour. Statements from other people (inlcuding that teacher of yours) advising that in their opinion, there is now way any half-decent welder would misuse the item in the manner which the other side claims is what caused the problem can only help you convince the judge that on the balance of probabilities, they're talking BS and you're in the right, but there is always the chance they will blind the judge with science about welding!Please can anyone help me with finding someone who will help me with doing an independant report??
Reply:Defects in worksmanship should be covered under the warranty.  That slop or gap is considered a defect in worksmanship.  I would talk to another Jackson rep first and foremost in person.  How bad was the spatter on the lens?  I've had multiple auto dark hoods with spatter that made its way onto the autodark unit itself and it continued to function.
Reply:Thanks for that! There is hardly any spatter on the lens at all!!Ps- just a thought- when i had my helmet and auto-darkening mechanism returned to me in the cardboard box there was/is no front plastic lens(the one that i now think leaked the spatter), Does this change things? ie- any independent expert wouldn't be able to examine the lens if they didn't return it!pps-no back lens either!!
Reply:Given the exchange rate  about a year ago that means you paid a pretty penny for that helmet. I have never heard of anyone having to get an independent opinion. Sounds like in all that going back and forth they just stuck with the opinion of the 1st representative. I honestly doubt they did any testing to find the fault. As already said I would seek the opinion of another company representative! But Do Not give him the info as to your continued inquiry.! Let him make a fresh opinion/inspection of your helmet and see if it will put that opinion in writing ( especially on company stationary). Armed with his opinion you would have contradi ctory statements made by the company.If that doesn't work try going to some of the other helmet companies and ask for their opinion. If they give it you now have another helmet company's opinion/evaluation/inspection. If all else fails willing give the second company the helmet, keep the names,  dates, and keep a record of the discussion. The send the original company (3M) a letter saying that their competitor has the helmet and is performing the independent opinion/evaluation/inspection that they wanted you to get. Then also in that letter say if they have further questions they should contact the folks at that company you spoke to (include Names & phone numbers).Most companies know who their competition is as well as the points of contact within that company. Once the origianl company sees you are not  just letting this issue go away and that you actually contacted their competition's point .of contacts you may be receiving a visit from that original company representative carrying a new helmet.TomPs: That process worked for me here at welding webCo-Own CNC shop:Miller :1251 plasma cutter, MaxStar 700 TIG/Stick, & XMT 456 Multiprocess Welder.&  2 Hypertherm HPR260's Plasma CutterSorry I had a bad stroke but now I am back.
Reply:Brilliant Specter, really good, thankyou!! I may try another rep at w.i.r.s but i think unfortunately my rep is the local one, however, i will try all your suggestions! Thankyou so much!!
Reply:Your welcome craigten I hope this helpsTomCo-Own CNC shop:Miller :1251 plasma cutter, MaxStar 700 TIG/Stick, & XMT 456 Multiprocess Welder.&  2 Hypertherm HPR260's Plasma CutterSorry I had a bad stroke but now I am back.
Reply:Originally Posted by craigtenPlease can anyone help me with finding someone who will help me with doing an independant report??
Reply:Hi there, can i just say a big thankyou to Supe, specter and even brocolli1(even though im glad i didn't take your advice and 'just be done with them and shop for a new hood')because today, after i sent a letter to WIRS' director, managing director and chairman, i received a brand new auto darkening mechanism from the very same rep that originally refused to budge, along with a 12month guarantee(oh it felt good!)  It just shows fellas- it pays to stand up for your rights!!Thankyou so much once again- I hope to post soon!!!
Reply:Glad to hear it!
Reply:Glad it worked out.Ed Conleyhttp://www.screamingbroccoli.com/MM252MM211 (Sold)Passport Plus & Spool gunLincoln SP135 Plus- (Gone to a good home)Klutch 120v Plasma cutterSO 2020 benderBeer in the fridge
Reply:[QUOTE=Broccoli1;228048]Yer gonna take it on the chin one way or the other. You also put them on the defense with the crack about being a member of Several Forums and they responded- I think your e-mail was worded poorly to them. I know, yer pissed because yer Hood has taken a crap but this is what happens."Shold(sic) this go any further and directly effect 3M business with on line chat room jibes about our choice of distribution partner WIRS, then we can look again at this and address accordingly."which translates to .... they'll probably sue you iffin' yer chat room jibes affects them.Do you not have free speech in the UK?A butterfly without wings, is just an ugly bug
Reply:[quote=Magnetic Mechanic;233993] Originally Posted by Broccoli1Yer gonna take it on the chin one way or the other. You also put them on the defense with the crack about being a member of Several Forums and they responded- I think your e-mail was worded poorly to them. I know, yer pissed because yer Hood has taken a crap but this is what happens."Shold(sic) this go any further and directly effect 3M business with on line chat room jibes about our choice of distribution partner WIRS, then we can look again at this and address accordingly."which translates to .... they'll probably sue you iffin' yer chat room jibes affects them.Do you not have free speech in the UK?