I purchased a product from a company that missold it and without proper knowledge and training have sold it to my customers and it hasnt done what the customer and myself were told it would do. Both customers do not hold me liable but the company who sold the product. Therefore can i legally pursue the company that sold it to me to get the customers monies reimbursed.
The customer has a right under the Supply of Goods and Services Act 1982 to expect the supplier of a service to carry out the work with "reasonable skill and care". This is an implied terms in any contract for services in England Wales. Also if the leaflets give the wrong or misleading impression about the quality of the product or service then this could amount to "misrepresentation" under the Misrepresentation Act 1967.
Failure to meet this standard of reasonable skill and care and misrepresentation gives the customer a right to seek compensation for breach of contract which could be in the form of a refund, repair or replacement. So, in short, it appears the customer has a claim because the standard of service fell below that which the customer expected and this claim is against the company.
If the customer wishes they could ask you to pursue the claim on their behalf but ordinarily this is something the customer ought to do directly with the company to avoid a conflict of interests situation (either the customer or the company could ask you give evidence about the way in which you did the work and you do not want to be in a position where you are trying to help the customer but also being called to court as a witness if the matter goes that far).
Hope this helps. Happy to discuss further if needed.
Thanks for your fast reply. Can i just ask if the two customers do ask me to pursue it for them what do i need to do and how do i pursue it ?