Thanks. Will keep you updated.

@BankFodder I appreciate what you're saying, I was following a different thread with a very similar set of circumstances and was trying to use the same process. The item shipped was a small home safe. Small but heavy. The T&C's I posted were sent to me by UPS as part of their defence so I posted them as they were referenced by the defendant. Probably none of it is relevant. Is there a point in going for mediation here? Or follow through with Contracts (Rights of Third Parties) Act?

I'll try to keep this short and lay out the facts in bullet points: Dec '20 - shipped an item that was sold on eBay (non-trade sale) with UPS that was transacted via Packlink. - Extra compensation was purchased. - Item weighed approx 20kg and was clearly marked to this effect on the outside - UPS damaged the item in transit. Buyer had to be refunded full purchase price. - Contact was made with UPS via email and after protracted back and forth they denied any responsibility saying eBay was liable. - Filed a claim with Packlink which was obviously dismissed with any explanation given. - Proceeded to make a County Court claim against UPS (claim amount £210) on the basis that I am entitled to damages under Contracts (Rights of Third Parties) Act (claim form attached) - UPS respond and deny the claim in its entirety (defense attached together with UPS T&C's) - County Court send a Notice of Proposed Allocation to the Small Claims Track with a mediation form Aside for the issue of the claim being made to the incorrect company name, does UPS' defence hold any water and can my original claim still be upheld based on the Contracts (Rights of Third Parties) Act? Claim text.pdf UPS Defence.pdf UPS T&Cs.pdf

Well, happily this warranty is standard on all their appliances, so nothing extra was paid for. I don't believe in extended warranties - once bitten etc... My thoughts after I made my last post were, that regardless of warranties, the last visits should have been under SOGA. So, your comment still stands anyway. My only concern is that they write about "Our warranty covers electrical and mechanical failure with your machine only". This surely can only apply to the extended warranty, and not my statutory rights? Also, what is the legality of their justification for refusing further call outs?

This is their emailed response: Where do I stand with this? I still maintain that the machine is obviously sub-standard if I have issues within the first year of use.

I have an ISE appliance which was purchased from them directly last year. The machine comes with a 10 year warranty and suffice to say it is a very expensive machine at £900. Within half a year of owning it I had to call out an engineer to fix a fault. Again, 2 months after that, the same fault plus another warranted a further call out. In March I made a call out for an intermittent, but serious problem. As luck would have it the engineer couldn't simulate the problem. I did, however take a video of the problem after his visit. Now I have received an invoice from ISE for the callout with a letter saying that since no fault was found, it is not covered by the warranty and I am liable to pay it. The letter continued to say that until the invoice is settled in full, no further repairs shall be entertained under the warranty. I have a little experience with consumer rights, and to me this does not smell right. Firstly, just because the engineer couldn't find the fault at the time, it doesn't mean there isn't a problem. When I called in the fault I made it clear that it was intermittent. Also, if the machine has needed 3 call outs within it's first year, this seems to indicate something more serious, especially one of this caliber. Secondly, the fact that there is an invoice to pay should have no effect to the warranty. The warranty is a binding agreement or contract with its Terms and Conditions clearly laid out on the back of it. There is nothing within those T&C's that indicate anything about unpaid invoices. I have put this in an email and a letter to ISE, stating that should they not cancel the invoice and sort the machine out, I will seek legal action with regards to the warranty and attempt to claim under goods not fit for purpose under SOGA. Can anyone comment as to whether I am incorrect with any of the above?