Do I have a case for the small claims court?

[Manonabike]

In all fairness, how many people read the watch instructions unless it's got a million functions? I'd be pissed off too and would demand he cover the cost of sending it to the manufacturer for sealing seeing as he failed in his duty of care to let his customer know the circumstances. If he refused I'd blag it and say you'd be having a word with your sisters husband who just happens to work for the local paper and see if he can write an article to name and shame bad customer service. I bet that'd sort it out lol

As it happens my daughter in law is a reporter for the local paper

Not a hope in hell of taking the battery man to the Small Claims Court. Anyway even if you won £150 off him, the court fees would gobble all of that and more.

I get my batteries changed in the high street places; last time I forgot to remove my watch for swimming and then looked down and saw that it had filled with moisture thanks to the chilling effect of the pool causing a vacuum (same reason why 4x4 axles and gearboxes need breather tubes) I went up to my hotel room, opened the back, took out the action and soaked up the droplets with tissue then dried it all with the hotel hairdryer. It was fine.

And you are a lawyer that you can be so certain, right?

We warn people every time we change a battery, generally it will be fine but every now and then we get one that leaks so we make it very clear

Once the manufacturers guarantee has expired there is no water resistance guarantee unless it's tested and generally at this point the watch requires new back seals, button seals and in some cases new glass seal or even replacement glass

Also something to Remember, generally a 50m watch is not recommended for swimming although there are some exceptions (Longines are one) most watches need to be 100m or more for swimming

20 years swimming with watches rated 50m - A Seiko which I still have, a Longines which also I still have a Tissot which has now drown - never and issue hence I'm so mad at the guy.

 

[vernon]

As it happens my daughter in law is a reporter for the local paper

And the article that she writes will lose the watch guy a couple of customers...

Look how quickly how a government large scale faux pas gets lost in the collective psyche of the world at large.

As an aside, why do you feel the need to be able to tell the time while swimming? The only thing I wear on my wrist on the rare occasions that I go swimming is a locker key and its wrist band.

 

[Manonabike]

And the article that she writes will lose the watch guy a couple of customers...

Look how quickly how a government large scale faux pas gets lost in the collective psyche of the world at large.

As an aside, why do you feel the need to be able to tell the time while swimming? The only tying I wear on my wrist on the rare occasions that I go swimming is a locker key and its wrist band.

I only go swimming in the sea.
I think is more to do with not having to remember to remove my watch. To be honest with you it would not occur to me to ask somebody something that is clearly a personal choice.

 

[Globalti]

And you are a lawyer that you can be so certain, right?
.

No, but I once took action against a bloke in the Small Claims Court; I won the case but the fees took about half of it, but I still had the satisfaction of seeing the bloke pay what he had promised then failed to pay.

Taking action in a civil court is a costly and risky business and seldom worth the effort, stress and time unless you're really sure of winning a decent payment. This is why it's generally worth ignoring the extortionists who stick private parking charge notices on your car.

 

[jefmcg]

Well you learn something new every day.

I'll tell my son he needs to buy a 50m certificated mobile phone so that the next time he goes swimming with one in his pocket it won't end in tears.

He needs one of these

View: http://www.youtube.com/watch?v=41ikTQn10i0

 

[Raging Squirrel]

And the article that she writes will lose the watch guy a couple of customers...

Look how quickly how a government large scale faux pas gets lost in the collective psyche of the world at large.

As an aside, why do you feel the need to be able to tell the time while swimming? The only thing I wear on my wrist on the rare occasions that I go swimming is a locker key and its wrist band.

isn't it more to the point that if you have an expensive watch that should be able to cope with water, then you shouldn't need to take it off whether you need to tell the time while swimming or not? The whole point of it being waterproof/resistant is so that you can do anything without having to take it off and leave it in the car or in a locker.

 

[Archie_tect]

He may have insurance against loss and damage but if he has been caught out before and as a result put up the sign then he obviously knows his battery replacement service compromises the watch's water-resistance. Unfortunately this may be a case of you get what you pay for MonaB... you could try your local Citizen's Advice Bureau for their suggestions about your customer rights in such a situation? They may be able to say how legally binding the notice is.

 

[Globalti]

You entered a contract with the battery bloke and his disclaimer was one of the terms of the contract. Put it down to experience and move on.