Dear All,
Where do NHS trust's EBME departments stand legally when OEM's / companies refuse to provide spare parts?
I have been engaged with a particular company, for some time now, regarding parts for a syringe drive (the device and provider to remain nameless). When hastening a spare part purchase order with this provider, I established that the training only had a valid life of 2 years and despite us having two techs trained, albeit about 4 years ago, they insist will not provide parts until our training is brought up to date.
For complex and high risk devices, such as anaesthetic machines or ventilators, you could agree with this approach but for a syringe driver, where we have the service manual, a skilled and qualified workforce I completely disagree.
During one of the many emails, I explained the work force have recently been trained on at least 4 other syringe driver OEM training courses recently and transferrable skills must apply. I also explained that should we (but unfortunately our site love them) or another site ask me to recommend a similar product, I would steer them to a competitor but no joy.
Earlier this year and through gritted teeth, I was left with no alternative but to purchase another course at part of an order of more devices. I was given a course date in April but explained that we were undergoing a TUPE transfer and would like the course to be delayed until some time in June or July; when I knew what the staffing situation looked like. Since then we have been managing the fleet the best we can and I contacted them earlier today to arrange the training. The company explained that due to leave they could not fulfil our training request until, at least, September!
I have heard about companies being taken to court in the US for this but nothing in the UK or Europe. If anyone does know where I stand legally it would be greatly appreciated.
Best Regards
Matt
