# Electric sliding gate motor problems



## fergie (Oct 4, 2010)

We had a new gate with electric motor, brand NICE, fitted early January this year, the gate put into place by our contractor, and he had the motor supplied by some Spanish guy.
The motor stopped working around 2nd January, and took nearly a week for the contractor to get the gate tech out form the firm who fitted it. It never trips any fuses, so there is electric supply going to it. The tech 'fiddled' about with something inside the motor, and it worked for 3 days, it broke down again on Sunday, and the contractor was informed by email on Sunday to contact the motor suppliers again, he rang us with apologies on Monday, and promised to come and look at it himself, I did inform him we still needed the tech who supplied it.
It is now Thursday, no word from the contractor or the motor supplier.
Can anybody suggest what I may be able to do with this motor to get it working again?
It is as dead as the dodo, with electricity getting to it.
Also what are my consumer rights, the contractor has been paid with proof luckily by direct bank transfer, for supplying and fitting the gate and motor, but he actually sub contracted the motor supply and fit to this Spaniard firm, I have no papers eg guarantee slip, only proof we paid for the items to be fitted.


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## xicoalc (Apr 20, 2010)

fergie said:


> We had a new gate with electric motor, brand NICE, fitted early January this year, the gate put into place by our contractor, and he had the motor supplied by some Spanish guy.
> The motor stopped working around 2nd January, and took nearly a week for the contractor to get the gate tech out form the firm who fitted it. It never trips any fuses, so there is electric supply going to it. The tech 'fiddled' about with something inside the motor, and it worked for 3 days, it broke down again on Sunday, and the contractor was informed by email on Sunday to contact the motor suppliers again, he rang us with apologies on Monday, and promised to come and look at it himself, I did inform him we still needed the tech who supplied it.
> It is now Thursday, no word from the contractor or the motor supplier.
> Can anybody suggest what I may be able to do with this motor to get it working again?
> ...


I had the same problem with a NICE motor last year... worked then stopped then worked a bit then went dead completely despite tests showing the electric was there. Turned out that the motor was not powerful enough for the weigh of my gate. The contractor exchanged it for a stronger one (pale blue box) and never had a problem. This is Spain, contractors never turn up when they say they will.... have you tried emailing the manufactures or calling them?


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## snikpoh (Nov 19, 2007)

fergie said:


> We had a new gate with electric motor, brand NICE, fitted early January this year, the gate put into place by our contractor, and he had the motor supplied by some Spanish guy.
> The motor stopped working around 2nd January, and took nearly a week for the contractor to get the gate tech out form the firm who fitted it. It never trips any fuses, so there is electric supply going to it. The tech 'fiddled' about with something inside the motor, and it worked for 3 days, it broke down again on Sunday, and the contractor was informed by email on Sunday to contact the motor suppliers again, he rang us with apologies on Monday, and promised to come and look at it himself, I did inform him we still needed the tech who supplied it.
> It is now Thursday, no word from the contractor or the motor supplier.
> Can anybody suggest what I may be able to do with this motor to get it working again?
> ...


Personally, what I would do as you have tried the normal routes, is to go to the bank and ask for a refund on the payment.

Then contact your contractor and let him know that until the problem is fixed to your satisfaction, no monies will be paid.


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## xicoalc (Apr 20, 2010)

snikpoh said:


> Personally, what I would do as you have tried the normal routes, is to go to the bank and ask for a refund on the payment.
> 
> Then contact your contractor and let him know that until the problem is fixed to your satisfaction, no monies will be paid.


Sadly I doubt the OP will be able to cancel the payment if it was done as a bank transfer (i.e. internet bank etc). Banks make no warranty as to services or products that you pay for. Even if you pay the money in error you cannot claw it back (except for exceptional circumstances). If you pay with a credit card however your contract is with the bank who make the contract with the merchant through their merchant services provider so you can claw back the money through the bank. In a similar way, if the money is paid by a direct debit you can ask your bank to reclaim the money as the company has taken it, so you can say that you didn't receive the goods as described. 

With a bank transfer you don't (to the best of my knowledge) have that right as it is an irrevocable transfer (imagine the fraud that could go in of people were able to buy goods by bank transfer then cancel the payment). If goods have been supplied faulty (as sounds like the case) then maybe the bank can do something but I very much doubt it as it isn't fraudulent its just faulty goods.

OP... you said it was fitted in early January but went faulty on 2nd Jan. So it must have gone faulty literally the day it was put in? You could go to your local consumer office (through your ajuntamiento) and file a complaint. Write a letter to the business first (recorded post) stating your complaint and informing them that if they don't rectify the problem in 7 days you will go to the consumer office. They will contact the business on your behalf and liaise with them. Or you could I guess go to the Police and denounce the business who has failed to rectify the problem (I think.. not sure if police get involved in these things).


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## fergie (Oct 4, 2010)

Hi, Steve-in Spain, we already have the pale blue box-the strong motor, the contractor we used is a really nice guy and is trying his best to get the man who supplied and fitted the motor to come out and fix or replace it.
As I haven't got the guarantee slip or any leaflet about the motor I can't contact the manufacturers direct and ask them to fix it. If I had paid for the motor separately, to the Spanish Fitter then I would have asked the bank for refund until he replaced it, but as I paid for the complete gate and other bits of work to the main contractor I can't do this. I will just have to be patient and wait for the Spanish guy to honour his guarantee, It is just very annoying that the gate is now able to be opened by anybody during the day, I can lock them manually at night, so it is not the kind of safety and security we had in mind when we ordered it.


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## xicoalc (Apr 20, 2010)

fergie said:


> Hi, Steve-in Spain, we already have the pale blue box-the strong motor, the contractor we used is a really nice guy and is trying his best to get the man who supplied and fitted the motor to come out and fix or replace it.
> As I haven't got the guarantee slip or any leaflet about the motor I can't contact the manufacturers direct and ask them to fix it. If I had paid for the motor separately, to the Spanish Fitter then I would have asked the bank for refund until he replaced it, but as I paid for the complete gate and other bits of work to the main contractor I can't do this. I will just have to be patient and wait for the Spanish guy to honour his guarantee, It is just very annoying that the gate is now able to be opened by anybody during the day, I can lock them manually at night, so it is not the kind of safety and security we had in mind when we ordered it.


So,,, you got a man to fit the gate and he got someone to put the motor? Who quoted you for the whole job? If the nice guy quoted you and you paid him then your contract is with him... if he employs a duff subcontractor then thats his problem... sorry to sound tough but the man who you pay is the man who is responsible in the eyes of the law... so obviously you like him and don't want to fall out but id put pressure on him!


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## fergie (Oct 4, 2010)

Steve, It was working for 2 weeks, not 2days, before it gave up, I will try and get details of the company who supplied and fitted the motor, and will follow it up with action if necessary.


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## xicoalc (Apr 20, 2010)

fergie said:


> Steve, It was working for 2 weeks, not 2days, before it gave up, I will try and get details of the company who supplied and fitted the motor, and will follow it up with action if necessary.


Coo, just you put that it was fitted early january and stopped working on 2nd! Good luck with it all but as I said, your contract is with who you instruct. Actually the subcontractor are not obliged to deal with your complaint directly, although i am sure your main contractor will put pressure on them, but he is the one you need to complain to, he needs to foot the bill to rectify if they won't, and then he takes his gripe up with them!


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