How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice