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I sold a boiler to a escrrow group and it leaked. When i brought this to the attention of my supplier they sent me a letteradvisuing me they would send a new unit. I gave this letter to our customer,the escrow grop and when they told me it would be acceptable to thei client i advised my supplier to proceed and manufacture another unit no charge as per their letter. A couple of weeks thereafter the manufacturer, my supplier realized they could repair the leaking one and were prepared to give a written guarantee with the same conditions as per the original order. Our customer ,the escrow group tells us that their customer is not willing to accept the repaired unit and if we do not supply them with a new unit they will remove and replace with a nother make and sue us. As i see it and i might be wrong is even though my supplier offered a new replacement unit and changed there mind when they found out they could field repair and offer the same warranty my customer was obliged to accept. The original factory warranty stated that the manufacture would repair any defective unit during its warranty period and replace only if not repairable which was not the case. My question is did the manufacture have the right to change their position after saying they would replace and then offering to repair after checking their original production records and seeing they could field repair. Mike XXX
Yes i am prepared to wait for a answer. Have a nice day. Mike
I would say close to the warranty expiration but before 1 year. You are a solicitor,i am not. As you have probably realized the question is whether the manufacture has a right to change and repair a unit and extend a new iyr warranty after saying he was going to replace. Thank you, ***** ***** your answer and have a nice weekend. Mike Granik