Shame On You, Tetra!

[Prime Ordeal]

I still don't know what the big hoo haa is about, there is no case for a trade descriptions complaint as the box clearly states that the tank comes with x model of filter.

Just sell the filter on here and buy a more suitable one with the money you make from the filter.

yup yup trade descriptions would not even let you finish your sentance sorry, i would use in 15 gal is not as if your going to be stocking goldfish or oscars

Trade description may not apply but in the UK (may be different in the US) an item has to be 'fit for purpose'. It would be easy to argue that a filter that is clearly rated for 5-10 gallons by the manufacturer is not fit for purpose when used on a 15 gallon tank which it is supplied with. And that's before you introduce any argument related to actual flow rates when media is introduced.

 

[StandbySetting]

It is fit for purpose though, the act you're referring to would be applicable if the filter didn't operate and was defective.

You'd have to prove the mens rea also which would be just about impossible.

 

[mishmash]

It is fit for purpose though, the act you're referring to would be applicable if the filter didn't operate and was defective.

You'd have to prove the mens rea also which would be just about impossible.

Mens Rea (guilty act) does not apply to this type of issue. It is relevant to crimes such as murder, where you have to show that not only did someone perform the act of killing someone, they MEANT to do it rather than it happened by accident If someone sold you a lamborghini as a racing car and put an engine in that accelerated like a Ford Fiesta and topped out at 65mph would you argue that it is still fit for the purpose? Well in this case the manufacturer has sold a package which includes a filter which by their own stipulation is designed for smaller tanks.

I think anyone would agree that if a manufacturer clearly states on a filter box that it is suitable for aquariums within a volume range that at its maximum is less than the aquarium it was supplied with, then it is NOT fit for the purpose. The filter states it is suitable for aquaria up to one volume and it was supplied with a tank of greater volume. The manufacturer are stating a maximum volume of aquarium they believe it to be suitable for (fit for the purpose for) and the tank they put it in was greater than that volume. I cannot see why anyone could possible argue against that.

 

[BigbruiserAl]

I still don't know what the big hoo haa is about, there is no case for a trade descriptions complaint as the box clearly states that the tank comes with x model of filter.

Just sell the filter on here and buy a more suitable one with the money you make from the filter.

yup yup trade descriptions would not even let you finish your sentance sorry, i would use in 15 gal is not as if your going to be stocking goldfish or oscars

Trade description may not apply but in the UK (may be different in the US) an item has to be 'fit for purpose'. It would be easy to argue that a filter that is clearly rated for 5-10 gallons by the manufacturer is not fit for purpose when used on a 15 gallon tank which it is supplied with. And that's before you introduce any argument related to actual flow rates when media is introduced.

Trade description does apply to the UK as i have to work with them on occasion as part of my job and have done for 10 years. As said before ratings are guides and not absolute. The filters job is to flow water around the tank which is does the manufacture does not go off x4 or x10 flow like we like to recommend. Another thing is the tank may be 15 gallon when full to the brim or line but how much is in there when you add gravel/sand wood, filter media, heater the filter itself

 

[mishmash]

I still don't know what the big hoo haa is about, there is no case for a trade descriptions complaint as the box clearly states that the tank comes with x model of filter.

Just sell the filter on here and buy a more suitable one with the money you make from the filter.

yup yup trade descriptions would not even let you finish your sentance sorry, i would use in 15 gal is not as if your going to be stocking goldfish or oscars

Trade description may not apply but in the UK (may be different in the US) an item has to be 'fit for purpose'. It would be easy to argue that a filter that is clearly rated for 5-10 gallons by the manufacturer is not fit for purpose when used on a 15 gallon tank which it is supplied with. And that's before you introduce any argument related to actual flow rates when media is introduced.

Trade description does apply to the UK as i have to work with them on occasion as part of my job and have done for 10 years. As said before ratings are guides and not absolute. The filters job is to flow water around the tank which is does the manufacture does not go off x4 or x10 flow like we like to recommend. Another thing is the tank may be 15 gallon when full to the brim or line but how much is in there when you add gravel/sand wood, filter media, heater the filter itself

Flow is not the only purpose of a filter. Biological and mechanical filtration are also primary purposes. Why would a manufacturer state that a given filter is suitable up to a certain maximum and then supply it with a tank that is larger than that maximum. Whichever way you look at it, it makes no sense. They must believe that it is only effective up to the maximum volume they state on the filter box, or they would state that maximum as a greater value. I don't get how that is not obvious. We all know that manufacturers probably overstate what their filters are good for. We are always complaining that the flow rates they claim are below what is ever achieved.

 

[StandbySetting]

It is fit for purpose though, the act you're referring to would be applicable if the filter didn't operate and was defective.

You'd have to prove the mens rea also which would be just about impossible.

Mens Rea (guilty act) does not apply to this type of issue.

"False descriptions as to services require the more normal proof of mens rea."

Taken from the Trade Descriptions act 1968.

 

[Prime Ordeal]

But we're not talking about 'false descriptions', we're talking about the product being fit for purpose, which it clearly isn't.

 

[StandbySetting]

It clearly is though, it does the job it says therefore it is fit for its intended purpose.

 

[This Old Spouse]

Personally, I would still contact Tetra, not expecting anything out of it but if more people mention it to them, then maybe they will do something about it. Same with everything, people arent mind readers, if you have a problem, tell them... worst that can happen is...well.... nothing and you wont be any worse off now.

I would just state that you are really upset to find that they sell a tank with their own brand filter that states it is for a much smaller tank. Play the worried or upset card... always works better as no company wants an upset customer.

I absolutely agree with this statement. It doesn't matter that the filter will would, or could work, or should work. It's not rated to work to its full potential with the 15g tank as stated by Tetra! Otherwise it would be rated for a 15g tank.

I think at the very least this is sloppy advertising and you should let them know. The only way companies discover things like this is when consumers tell them.

 

[Rummynose]

I would be interested to find out if the specifics of the filter are mentioned on the box! If not, I can see the point that it should be brought to the attention of the company! If it is stated, well, then it is up to the consumer to use it as is or get an additional filter (which is actually not a bad thing to have for any tank anyways, in case the filter fails).
Some kits don't come with heaters, even though they are sold as tropical fish tanks. The consumer can be expected to carry some responsibility when making a purchase, as long as the information on the product is not misleading.

 

[This Old Spouse]

If the filter that comes with this kit is rated for 5-10g as the OP states and it's packaged in a 15g tank setup, then something's amiss. Certainly it's up to the consumer to read the fine print, but one assumes that the filter that comes with this "kit" is the correct one for the tank. I think in this case it's not and the company should be told. Yes, some kits don't come with heaters, but that's not the point here. If it came with a heater that was underrated for the tank size, that would also be a point of dispute.

 

[BigbruiserAl]

key word that leads no where in uk law sorry to say "assumes"

Some companies inc gfts with there kits so have no obligation but would have to read the box to say for certain

 

[This Old Spouse]

I'm not talking here about taking any kind of legal action. Honestly, I'm just talking about notifying Tetra that you think their package deal could use some work and that including a 5-10g capacity filter with their 15g tank kit is kinda stoopid and needs some work. As stated, the worst that could happen is nothing. The best? Maybe a 15g capacity filter as a nice little surprise in the post.

I'm one of those PITAs that do this all the time. Most of the time the least I get is a coupon good toward something relevant. The best I ever got was a complete replacement for an expensive item. It just never hurts to give it a shot is all I'm saying.

 

[BigbruiserAl]

I'm not talking here about taking any kind of legal action. Honestly, I'm just talking about notifying Tetra that you think their package deal could use some work and that including a 5-10g capacity filter with their 15g tank kit is kinda stoopid and needs some work. As stated, the worst that could happen is nothing. The best? Maybe a 15g capacity filter as a nice little surprise in the post.

I'm one of those PITAs that do this all the time. Most of the time the least I get is a coupon good toward something relevant. The best I ever got was a complete replacement for an expensive item. It just never hurts to give it a shot is all I'm saying.

Ah sorry wrong end of the stick thought we still on about trading standards/legal view apologies. Although i would just use it and get on with it i cant disagree about a nice email to tetra for there view on it

 

[mishmash]

It clearly is though, it does the job it says therefore it is fit for its intended purpose.

How can you possibly claim this ? Even the packaging the product comes in, as written by its manufacturer states that it is for aquariums of a smaller size than the one it came with. Or are you deliberately ignoring this point and claiming that it is fit for an aquarium that size because of your own assumption ? Do you believe you know better than the manufacturer of the product ?

It is fit for purpose though, the act you're referring to would be applicable if the filter didn't operate and was defective.

You'd have to prove the mens rea also which would be just about impossible.

Mens Rea (guilty act) does not apply to this type of issue.

"False descriptions as to services require the more normal proof of mens rea."

Taken from the Trade Descriptions act 1968.

What "services" are we talking about ? We are discussing a product, whose packaging clearly states what size aquaria its use is intended for. And the aquarium with which it was provided exceeds those capabilities.

Personally, I would still contact Tetra, not expecting anything out of it but if more people mention it to them, then maybe they will do something about it. Same with everything, people arent mind readers, if you have a problem, tell them... worst that can happen is...well.... nothing and you wont be any worse off now.

I would just state that you are really upset to find that they sell a tank with their own brand filter that states it is for a much smaller tank. Play the worried or upset card... always works better as no company wants an upset customer.

I absolutely agree with this statement. It doesn't matter that the filter will would, or could work, or should work. It's not rated to work to its full potential with the 15g tank as stated by Tetra! Otherwise it would be rated for a 15g tank.

I think at the very least this is sloppy advertising and you should let them know. The only way companies discover things like this is when consumers tell them.

NAIL ON THE HEAD LISA. Thank Heavens someone else is seeing sense.