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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Im having problems with a company that fitted a lift in my

Customer Question

I'm having problems with a company that fitted a lift in my premises which included a 12 month warranty, they are now refusing to come to site and asking we pay £240 on a pro forma before a call out and if it is warranted works a refund will be issued. please see the companies terms and conditions on warranty.

All Transdek products are guaranteed and under warranty for 12 months from the date of commissioning and should be utilised
in accordance with the recommendations for use outlined therein. The guarantee covers working parts (with the exception of
Batteries) and labour when the Transdek UK Limited Installation Team or our appointed representative installation engineers will
attend at your site for the duration of 1 shift. The warranty and guarantee is valid provided the equipment is installed,
commissioned, maintained and serviced at the recommended intervals – at least every 6 months, by Transdek UK Limited
Engineers (or an authorised representative installation engineers of Transdek UK Limited), or under the supervision of an
experienced Transdek Engineer, during the 12 month guarantee/warranty period.
Please note that the Warranty Period/Guarantee will become invalid if any work has been carried out on the equipment by anyone
other than by a Transdek Engineer (or their appointed representative). The guarantee and warranty does not extend to cover user
misuse and breakdowns and faults that are due to overloading beyond the rated load capacity or inappropriate use. In the event
of the equipment requiring repair, all replacement parts plus labour and travelling expenses will be required to be paid by you.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

How old is the lift installation please?

Joshua :

Was it a business to business transaction or are you a consumer customer?

Joshua :

Did the company supply and fit the lift using their personnel?

JACUSTOMER-r799vh2f- : Lift is 5 months old, we are a business, they fitted and supplied the lift
Joshua :

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?

Joshua :

Would you excuse for me 2-3 mins I just have to step in with a client briefly...

JACUSTOMER-r799vh2f- :

yes not at all

Joshua :

Would you excuse for me 2-3 mins I just have to step in with a client briefly.

Joshua :

I'm very sorry about that. I'm back...


Joshua :

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?


JACUSTOMER-r799vh2f- : Ok so what do we do
Joshua :

Thanks. I will be with you in just a moment with your permission?

Joshua :

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.

Joshua :

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.

Joshua :

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.

Joshua :

Is there anything above I can clarify for you?

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