In September 2003 a customer at the Eastbourne branch of Argos bought one of these drills and during use the drill switched from hammer mode into rotary mode, causing injury to the customer and damaging the wall.
The customer complained to the county council’s trading standards officers and the matter was raised with Argos Ltd. The drill was sent for expert examination and it was confirmed that the locking mechanism was not operating correctly.
Argos received a number of similar complaints and had already identified this as an issue and at the time of the incident was already implementing modifications that would improve the operation of the switch mechanism.
Argos Ltd has admitted that it supplied a product that did not comply with the Supply of Machinery (Safety) Regulations 1992 and has signed a formal caution to that effect.
Argos has also agreed to issue a recall notice for all affected drills.
The drill in question is no longer on sale at Argos and no other Argos or Challenge products are affected.
Anybody who has purchased one of these drills between July 2003 and February 2004 should return them to their nearest Argos store as soon as possible where they will receive a full refund.
Notes to editors
Formal Cautions
In appropriate circumstances, Trading Standards offer defendants a "Home Office Formal Caution" as an alternative to prosecution. The necessary criteria are, in line with the terms of a Home Office Circular:-
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There must be evidence of the offenders guilt sufficient to give a realistic prospect of conviction;
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The offender must admit the offence(s);
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The offender must understand the significance and agree to accept the caution;
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The caution should be in the public interest;
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In the event of a future prosecution the formal caution may be cited in court.
Reference:
05/089/JW
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