Thanks for your question. Please kindly RATE my answer when you are satisfied
How old is the lift installation please?
Was it a business to business transaction or are you a consumer customer?
Did the company supply and fit the lift using their personnel?
Thanks. I do not quite understand the warranty. On the one hand it says the warranty covers all labour and parts providing you comply with the conditions and then at the end it says that if any repairs are require, you have to pay for them all. This seems contradictory?
Would you excuse for me 2-3 mins I just have to step in with a client briefly...
yes not at all
Would you excuse for me 2-3 mins I just have to step in with a client briefly.
I'm very sorry about that. I'm back...
I do not quite understand the warranty. On the one hand it says the warranty covers all labour and parts providing you comply with the conditions and then at the end it says that if any repairs are require, you have to pay for them all. This seems contradictory?
Thanks. I will be with you in just a moment with your permission?
I am very sorry for the delay in reverting to you. If this is the exact wording of the warranty the wording is ambiguous at best. It gives with one hand at the start and seems to take away with the other at the end. Where the is ambiguity the courts will in general favour the party who did not prepare the document or agreement. On interpretation which my suspicion would be is what the courts would favour in this case is that the warranty covers labour and parts up to 1 shift of labour but that if the issue is the result of misuse or overloading etc then you have to pay for the repair.
In addition to the warranty it is worth looking at your terms and conditions of contract. The Sale of Goods Act provides that any goods supplied must be of satisfactory quality and fit for purpose however in business transaction it is possible for the parties to exclude such terms where it is reasonable to do so. If the terms have not been excluded by the terms however then you will have a claim against them under these implied terms for the repairs needed if they are not the result of damage caused by user.
You may wish to write to them by email or otherwise drawing their attention to the terms of their warranty which provide labour for 1 shift etc and parts and invite them to attend and honour the terms of their guarantee failing which you will have little option but to invite another contractor to remedy the problem and look to them for recovery of the cost under the terms of their warranty. If the SoGA is not excluded as above then you may also consider making reference to that.
Is there anything above I can clarify for you?