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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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bought a 27kva generator 3 years ago for a customer of mine

Customer Question

bought a 27kva generator 3 years ago for a customer of mine and fitted aswell, in june of this year he rang to say that the generator was not able to power the heat pump which it had originally been bought to power, got in contact with the firm who supplied the generator and was told it wasnt big enough and i needed a 40kva, i couldnt understand why this had occured after giving the firm the details of the load to be powered, they will not do anything about the problem apart from sell me a knew unit . have i been misold the original generator and can i do anything to resolve the problem . thanks ian
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason you think this was misselling?
Customer: replied 3 years ago.

because they were given all the information of the heat pump and other things to run and all they did was add it all together rather than allowing for the start up current on the heat pump

Expert:  Jo C. replied 3 years ago.
Thanks.

This isn't misselling per se but there is another option for you.

Misselling is essentially misrepresentation. There hasn't been a misrepresentation here upon which you have relied.

The issue here really is that you asked for goods suitable to a certain type of specification and they sent you a different type.

You do have a claim under the general law of contract and under the Sale of Goods Act. Goods should both fit their description and, under the Sale of Goods Act, be suitabl for the purpose for which you intend to putting them.

You are still in time to bring these claims but you should be aware that courts do generally dislike delay. If you are intent upon suing then you need to move upon this before more delay is caused.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’