Faran Posted March 2, 2008 Report Share Posted March 2, 2008 I've had a 1.5kg Dupla CO2 bottle that I've been using for the last year as a backup and it ran out of CO2. I took it down to the local cylinder service station in Lower Hutt and even though they filled it for me last time this time they said they weren't sure if they could fill it as it didn't have a LAB number. I asked them to check into it and let me know the next day when I picked up my 3.5kg bottle that was being filled. When I returned the next day they informed me that they were confiscating the bottle from me. I was shocked and asked for an explanation and was told that even though it had a current test according to ERMA regs the lack of LAB number meant that it couldn't be returned to me and had to be destroyed. I refused to leave without my bottle and the owner came to me and said he could return it to me but had to make it unusable and I'd have to sign a statement saying that I wanted it back and that they damaged it. I asked to see the ERMA regs, which he said they couldn't do as they didn't have them available. Seeing no other choice I signed the form, watched them take a chisel to the thread on my $300 Dupla bottle and walked away with a pile of junk. So I went home and emailed ERMA. To my surprise they replied saying that there wasn't any LAB number destruction regulation and the bottle should have been returned to me. I called and spoke with the Cylinder Repair guys and they now claimed they destroyed the bottle to "save me money" as the LAB application would have cost $300. Calling other cylinder stations a LAB application only costs $150, so why was it suddenly that reason and why would the LAB application cost $300? Has anyone else had a situation like this? What would you do? With the owner giving me excuses and only offering me a replacement if I spend $300 on a LAB application for a destroyed bottle I don't see much choice other than the DT... I think the destruction was unnecessary and just a ploy to get me to buy the shiny new 5kg bottle they had sitting behind the counter. Quote Link to comment Share on other sites More sharing options...
ryanjury Posted March 2, 2008 Report Share Posted March 2, 2008 I would go back there and kick up a stink they destoyed your bottle at the very least they owe you a replacement the same as what you had or a refund of the repalcement price to you.. I would be very *insert word here* off about this happening I hate being ripped off or treated like an idiot. Is there some sort of organisation that is under a governing body, you know how there are like master builders and plumbers and all that sort of stuff? I would jump them and go straight to them kick up such a stink that they have to give in and fix it. Say you have a heap of fish keeping friends and they will all stop going there, say you'll write a complaint in the local paper etc etc. Surely if this place is supposed to be operating under these rules they must legally have to have a copy of them on hand? They had no right to take your stuff maybe you should have called the cops saying they had stolen your bottle and could provide no paper work to justify it. If all that doesn't work maybe goto your local community law centre and ask their advice I wouldn't let it go. Good luck tihs sort of stuff really annoys me it happens so much and the reason it happens is because people let it go, or they believe the crap and spend $$ at the place. Quote Link to comment Share on other sites More sharing options...
Navarre Posted March 2, 2008 Report Share Posted March 2, 2008 Ok I think I have this right. There is NO compulsary destruction order for no Lab number There is a Compulsary destruction order for fail of a hydro or visual test. Labs cost around the 150-200 mark but may take some weeks All cyclinders imported into NZ that hold compressed gases must have a lab if they are made after a certain date....otherwise the factory they come from and DOM generates a LAB Number Any shop that deals in Compressed Gas can appliy for a lab number for you ie Dive Shop, Model Shop, Mechanic, LPG etc etc. Sorry to hear you have been ripd off. Maybe you can take the cyclinder to the shop with a copy of the regs and ask for a replacement...or go to fair go. Navarre Quote Link to comment Share on other sites More sharing options...
Faran Posted March 2, 2008 Author Report Share Posted March 2, 2008 Well the form says "Visual fail/condemned" even though there was nothing previously wrong with the bottle and it had a current test in 2005 which covered it until 2010. I've got a feeling that will be his defense against anything that I throw his way. He clarified today on the phone that the $300 was $150 for the application and an additional $150 for him to file the application.... Quote Link to comment Share on other sites More sharing options...
ryanjury Posted March 2, 2008 Report Share Posted March 2, 2008 Yes but there was nothing wrong with it.. They would have only ticked that because of the lack of sticker, honestly if you kick up so much of a stink ring them daily and annoy the crap out of them about it contact their governing body make such a stink its easier for them to fix it they will fix it.. Have you got your findings in writing and gone back to them yet? Quote Link to comment Share on other sites More sharing options...
Navarre Posted March 3, 2008 Report Share Posted March 3, 2008 Get a second opion excluding teh thread damage of course and get it in writing. BnK if the tank has failed you will be able to visual it still and see why even if tank has thread damage Navarre Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted March 3, 2008 Report Share Posted March 3, 2008 I'd be using a sentence using words like 'Uniformed Idiot', 'Wilful Damage', and 'Police'. Then I'd file a claim with my insurance company and let them chase him for compensation (they are good like that). Quote Link to comment Share on other sites More sharing options...
Faran Posted March 3, 2008 Author Report Share Posted March 3, 2008 Actually, my first step was contacting their governing body, ERMA (and ended up filing an Official Complaint with them since I was telling them what happened), to check the regs as claimed by the shop. So now when I call he starts ranting and raving about how I should be paying him $300 for a LAB application and how he's been doing this for 30 years etc etc and it really gets no where. Insurance claim isn't really an option because of excess and raised premiums for claims will cost more than the bottle in the long run. As far as I can tell the best resolution at this point will be filing with the Disputes Tribunal as he doesn't even want to listen to reason. Would love to see him start yelling in front of an adjudicator like he does on the phone! Quote Link to comment Share on other sites More sharing options...
Caryl Posted March 3, 2008 Report Share Posted March 3, 2008 When in doubt, yell and scream abuse so customer will finally drop it (he hopes). Keep going! Quote Link to comment Share on other sites More sharing options...
Robert Smith Posted March 4, 2008 Report Share Posted March 4, 2008 Yeah! Keep going. People like this give me the s@#ts! Just stay calm and keep the paper coming and he may start to realise that the easiest approach is not yell until you go away, but give you what you want. It takes a special type of personality to do this well and that's not usually a compliment, but the world needs you (us) Language Removed... Mod Bill... . It's your social duty! Quote Link to comment Share on other sites More sharing options...
reef Posted March 4, 2008 Report Share Posted March 4, 2008 I think any bottle over 500gr needs a LAB number. I look into it years ago and even if it passes the test OSH will not approve the bottles. I still have a brand new 5kg bottle laying around. I would take them to the small claims , there is no way they should have done that to your bottle. Write them a complaint letter saying you want a replacement bottle or you will take it to small claims. at least it will look better in court if they don't get you a new bottle. Quote Link to comment Share on other sites More sharing options...
jayci Posted March 4, 2008 Report Share Posted March 4, 2008 I would talk to Fairgo about it. Public shame usually changes things. Quote Link to comment Share on other sites More sharing options...
AMAZONIAN Posted March 4, 2008 Report Share Posted March 4, 2008 Hi All I have had similar dealings with things concerning "ERMA" and threatened to sue them, (ERMA) (through a lawyer and the courts). They soon backed down when they were served with a summons to appear in court and this included all my costs and disbursements. They paid up very quickly. :roll: Comany name removed. The damaging company was not mentioned above... so why quote one who may have had nothing to do with this......? Mod Bill. Good luck B & K. Quote Link to comment Share on other sites More sharing options...
Faran Posted March 18, 2008 Author Report Share Posted March 18, 2008 Hi everyone, Two weeks down the line and I thought I'd do a quick update. I've spoken with Cylinder Testing Labs all over the country and every one of them agree that the destruction of my bottle was done incorrectly and unjustifiably. I've gotten that in writing from one local company in Porirua (highly recommend them over the Lower Hutt guys any day!) and the promise that many of them can be phoned during the DT hearing as witnesses/expert opinions if needed. They've also clarified that a LAB application should cost no more than $200 total rather than $300. So I started a ERMA complaint when this all started, the cylinder lab guys are filing a complaint with their Union, and soon I'll be swinging by the DT and filing my paperwork once I get it all together, including quotes from overseas on total costs to replace the unit which was destroyed. Thanks for everyones input and support in this matter, it's good to have such a broad range of experience to call upon when completely baffled by something which has happened unexpectedly! Will update this as things progress. Quote Link to comment Share on other sites More sharing options...
Simian Posted March 18, 2008 Report Share Posted March 18, 2008 Rawwr! screw em to the wall! :bounce: Quote Link to comment Share on other sites More sharing options...
tHEcONCH Posted March 18, 2008 Report Share Posted March 18, 2008 Nice work - hope it goes favourably Quote Link to comment Share on other sites More sharing options...
Caryl Posted March 18, 2008 Report Share Posted March 18, 2008 And so the fun (and paperwork) behins! Good luck, we are following this with interest. Quote Link to comment Share on other sites More sharing options...
supasi Posted March 19, 2008 Report Share Posted March 19, 2008 Hope all goes in your favour BlueandKim. I look forward to hearing the outcome. :-? :-? Quote Link to comment Share on other sites More sharing options...
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