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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hi i own my own salon and stock Caci home care systems. My

Resolved Question:

hi i own my own salon and stock Caci home care systems. My client purchased one at £350 well under a year ago and the hinge has broken. Caci have said that its not under the warrenty as it was force that broke it but said they are prepared to send another oner for £175 which I do not want to do where does myself and client stand with this
Judy Mahoney
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What do you ideally wish to achieve?

Customer:

I would like to receive replacement handset for my client

Ben Jones :

The rights of the client and you are separate – the client has the legal right to pursue the manufacturer, assuming you bought the product from them.,


 


The client will have consumer rights against you because you are the seller of the item and they can ask for a repair or replacement directly from you and without going to the manufacturer.


 


You then have to consider your rights against the manufacturer. You will not have the same consumer rights as the client has against you because you are not a consumer and purchased the items in the line of business. So you can only pursue the manufacturer if you can show there was a breach of contract on their part. That may not be easy because you were not the one that used and broke the item and as such you may not be able to show that the original item did not conform to the description they gave. Usually your claim would be one where you had received the item and it was not as described or misrepresented to you, but assuming that was not the case and the item was broken whilst in use by someone else it would be for you to prove that the manufacturer had breached the contract and the item was not what you had initially bought.

Customer:

Can my client directly contact the manufacturer? What can I do as the manufacturer said that they have tested it and it was due to force

Ben Jones :

The client’s rights against the manufacturer are only limited to any warranty that exists, unfortunately their statutory rights are against you. If you were to pursue the manufacturer it would be for you to take them to court and prove that the item was not as sold.

Customer:

How would I go about that and it would really be my word against them> Is there a chance that I could lose the case

Ben Jones :

Yes you could lose, that is the inherent risk with any case but as this is going to be in the small claims court your losses would not be great and you would not be responsible for their legal fees, so you would just have to pay the court fees and those certainly won’t be astronomical. It would not just be your word against theirs but you can also use the client’s evidence of how they used the item and what led to the damage. In the end it is for a Judge to decide who is correct

Customer:

Can you give me an approximate cost and would you advise me to take them to court. Would the client have to go to court too

Ben Jones :

Well for example a claim for £350 would be £35 in claim fees, £25 in hearing fees, then maybe around £100 for a day’s attendance for the respondent if you lose

Customer:

would the client have to go to court too

Ben Jones :

they don't but it may help you if they are there to answer any questions because otherwise their evidence may be given limited weight

Customer:

ok thank you for your advice

Ben Jones :

you are most welcome, all the best

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