Sharpenu wrote about the resolution of his complaint: The factory has acknowledged that it is a design problem, but the best they would do is to sell me one wholesale. ($140)
I find UKs response somewhat puzzling. Now Im not a lawyer (and I dont play one on TV), but most products carry an implied warranty of merchantability. This means that a product 1) will pass without objection in the trade under the contract description; 2) is of fair average quality within the description; 3) is fit for the ordinary purposes for which such good is used; 4) is of even kind, quality and quantity within each unit or lot and among all units or lots involved; 5) is adequately packaged and labeled; and 6) conforms to the promises or affirmations of fact made on the container or label. UK might have disclaimed all implied warranties, but since they advertise that their products hold a limited lifetime warranty, I might be inclined to think otherwise.
So, now consider UKs response: Per Sharpenu, UK acknowledges that a design problem apparently allows the unit to separate precipitously and perhaps without warning from the handle, presumably rendering it unfit for the ordinary purpose, unless the ordinary purpose is lining the ocean surface with burning torches! Is it just me, or does UKs response seem, ah, irresponsible? How can UK acknowledge that its engineers directly created a problem that could leave a diver without illumination in an unlit and potentially hazardous setting, and then seemingly do nothing about it other than to offer to sell the diver another one of the same unit with the same design flaw? If, as Sharpenu reports, UK acknowledges this potential hazard as a product of their engineering, might not they consider a product recall or at least the posting of a warning to customers?
I note that Sharpenu is a firefighter and an EMT. Perhaps in error, by dint of his stated vocations, I attribute to him a certain degree to manual dexterity, mechanical aptitude, and equipment safety sensitivity. On that basis, I would believe that Sharpenu would have a reasonable sense of how much one might reasonably torque on a screw and that he would be oriented to the fitness of his gear. And so to postulate partial responsibility to Sharpenu, I have to assume that someone who routinely puts his life on the line when relying on gear has had a case of temporary insanity when engaging in the potentially dangerous sport of diving? Doesnt sound persuasive to me!!?
As an aside, to the matter of LeisurePro having a retail price below the alleged wholesale price of $140, wholesale pricing often is a function of order or annual purchase volume. UK may well wholesale the unit to a low volume LDS for $140 (that resells at $199, on sale today only for the low, low price of $180!) and nonetheless to wholesale mega-customers like LeisurePro for, say, $120, which is content to sell it for a $19 profit margin because it is moving thousands of them each year!
And as a final point, is it just my imagination, or have there been an increased number of "web rage" incidents on this board during the past few weeks? Is this a summer heat phenomenon?
