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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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If a one year guarantee on moving parts is given by my supplier

Customer Question

If a one year guarantee on moving parts is given by my supplier and that is passed on to a customer, that part fails after nearly 2 years and the customer is taking me to court to get a refund, is this legal?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.

I own a small Glazing business, I buy my windows in and then fit them. My and most suppliers give a 1 year guarantee on moving parts ie hinges and locks. On this job a part has failed after 23 months and the customer had the window replaced at a cost of £920 and wants me to refund the money he has paid out via a letter from his solicitor. I cannot offer a guarantee longer than the manufacturers guarantee.I went thru a divorce last year and the business changed phone number and e mail address so he could not get hold of me quick enough to take a look,

Expert:  Jo C. replied 1 year ago.
Thanks.
The guarantee doesn't bind you here. It was for one year. This was outside of one year.
However, the statutory provisions of the supply of goods and services may render you liable at least in part. It depends which part has failed, for what reason and whether it was down to you. Even if it was, it is quite unlikely he would be able to claim a full refund. For £920 he could have had a brand new front door. Unless this fault could not be remedied without that it is not likely to succeed.
You need to ascertain the nature of the fault and whether it is your fault.
If it is your fault then make a lesser offer.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thankyou, i did not make the window and the part that failed was a coil spring that is in built into the window. It is a mechanical failure on the window and not the installation of the window that is the problem, also it depends on how the customer used the window ie with force or not, that is something i cannot prove. It clearly states on my guarantee that it is a 1 year guarantee although he seemed to think it was 5 years when he e mailed me. I replied i have his file in front of me and it clearly states 1 year. I heard no more from him until now. If i refuse to pay he will take me to court to get the money back plus costs, is this a case i will lose?

Expert:  Jo C. replied 1 year ago.
Yes, but bear in mind that you are liable for the product that you fitted.

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