Customers “change their hearts”, suppliers “change their minds”

Mr. H in District 10, Ho Chi Minh City (HCMC) installed TB company’s elevator since 2017. This customer has also fully paid for the elevator and maintenance services. Up to now, the customer decided to change to another elevator maintenance service provider, when contacting TB company to provide a password, it was refused.

It is known that TB company has ordered a foreign unit to manufacture this type of control cabinet specifically for this elevator, and the main board of the control cabinet is locked by a separate password.

According to a technical expert, this password is locked in 2 layers, so it can’t be interfered with… Currently, the elevator is damaged, flickering, and cannot be unlocked to check for errors.

When being consulted on this issue, Mr. Bui Manh Cuong, CEO of a joint venture and import elevator supplier, said that the elevator’s access password is also a component of the elevator. Enterprises providing products must be responsible for handing over all hardware and software (including device control passwords),…

Nice control cabinet board is locked with a password, making the elevator “half-dead”

Just like when a customer buys a computer or phone, the supplier must leave the default password or provide the password to the customer if it has been changed.

In fact, in the elevator handover minutes and elevator maintenance contracts, there is usually no provision about handing over the password. If this is not seriously considered and mentioned in the contract, the customer may suffer many losses without knowing who to call.

Need to pay attention to the elevator password

Usually, the elevator password will have the most basic 3 types embedded to control the control board.

The first is Monitor password, the default is 00000000, which is the display mode to monitor the operation status of the elevator.

The second is the Factory password, which includes the manufacturer’s parameters.

Both of the above passwords are fixed and cannot be changed.

The third is the Debug password (error handling password), the default is 00000000, in the setting mode of all system parameters. This password can be changed and its purpose is to limit the influence of outsiders on the elevator installation, preventing the risk of instability and safety.

The EC3000 electrical cabinet user manual clearly states that there are 3 types of passwords

When handing over the device to the customer, the distributor is required to have instructions for the customer to use it easily or change the password as they wish. In such cases, the device’s default password, software, operating system, etc. is considered a component of the device. And so, when purchasing equipment, the types of passwords that manage functions belong to the customer’s property.

However, as in the case of the aforementioned TB elevator company, it did not complete the handover of assets, specifically here is the elevator password. Is it possible that the contract to provide maintenance products and services did not have clear terms, creating loopholes for businesses to take advantage of to make it difficult for customers?

Meanwhile, consumers automatically trust the accompanying software (password) as theirs and if there is any problem, they call the distributor to ask and reinstall…

Expert Pham Ba Toan from the Vietnam Institute of Lift Engineering Application shared that most elevator control systems have passwords. Usually, passwords are used for two purposes. The first is for the technician to set up the initial operating procedure for the elevator. The second purpose of a password is to secure the manufacturer’s proprietary driver software. This second purpose applies to many types of synchronous elevators, each with its own control cabinet, and its own software suite. Mr. Toan also said that there is no specific regulation that the elevator supplier must provide the control password to the customer. However, when receiving the product, the customer has the right to request the seller to hand over the passwords and original records of the product.

Did the business break the law?

Article 443, Civil Code 2015 stipulates: “The seller is obliged to provide the buyer with necessary information about the property for sale and instructions on how to use that property; if the seller fails to perform this obligation, the buyer has the right to require the seller to perform within a reasonable time; if the seller still fails to perform, causing the buyer to fail to achieve the purpose of entering into the contract, the buyer has the right to cancel the contract and demand compensation for damage. Thus, when selling the elevator, it means selling the elevator control system to the buyer. In case this system has a password, it is necessary to provide that password to the buyer.

Or point c, Clause 1, Article 27, Competition Law No. 23/2018/QH14, dated June 12, 2018 also clearly states that acts of abusing a dominant market position and abusing a monopoly position are prohibited. It is an act of “restricting production and distribution of goods and services, limiting markets, obstructing technical and technological development, causing or likely to cause damage to customers”.

From the above two perspectives, it can be said that TB Elevator Company has shown signs of breaking the law. In case the negotiation with TB company is unsuccessful, the customer can completely file an application to the civil court to initiate a lawsuit according to the provisions of the law. From this point of view, this article will refer to useful information for “prevention” rather than “fighting”.

A representative of a large enterprise specializing in providing elevators also said that the types of elevators provided by this company to consumers never set a password to lock the operating software. The reason is that elevators are usually only used by 1 family or 1 unit, so setting a password is not necessary. Not setting a password is also intended to make it easier for consumers to use and easier for maintenance and testing units to access the system. Therefore, often in the contract of sale, delivery of elevators, there is no provision to hand over the password …

Although taking advantage of passwords to force customers to use after-sales services such as maintenance and repair… is not much, but it is also a warning lesson for consumers. Customers are more cautious in completing the procedures for purchasing elevators and associated services. Customers need to request the distribution unit, providing maintenance services to deliver in full, including the elevator control system password.

In the article “Who can service and repair my elevator?” On a reputable foreign website (https://www.elevatorlab.com), the consultant asked, “Besides the manufacturer and the distribution company, other companies can maintain and repair them?” According to this expert, it is common for manufacturers and distributors to insist that only they can carry out the maintenance and repair services they provide, even announcing that they exclusively provide them. supplying components, equipment, etc. In such cases,   customers will feel as if they are “being held hostage.” The expert emphasized, if after-sales service is a problem, the customer will completely consider changing elevator maintenance service providers.

If you need advice on elevator-related issues, readers can ask for help from the Vietnam Institute of Lift Engineering Application – Vietnam Elevator Association (Phone number: 02473099868) or the Hotline of Elevator Magazine (0989761499).