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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear people, I have used the same product (acrylic paint)for

Customer Question

Dear people,
I have used the same product (acrylic paint)for 25 years in Australia. i now move around Europe and exhibit in Northern Ireland(I am an artist) and am preparing for an exhibition in September. The same product I purchase in England, one of the items does NOT behave as labled on the pack and has caused me to invest 3 months wasted time. I can prove the failure of their product beyond doubt. Can I seek any compensation for my wasted time? I can send further details if necessary and examples of failure.
Thank you *****
callaghanprints.com or search google.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello George my name is ***** ***** I will help you with this.

Alex Watts :

You can claim losses and compensation for breach that would have been in the minds of the parties when you made the contract.

Alex Watts :

If you had said to the seller that you were going to use it for a painting and it was very expensive and detailed, then yes you might be able to claim

Alex Watts :

If you had simply gone in and purchased it then no

Alex Watts :

Any breach must be in the minds of the parties at point of contract

Alex Watts :

However you can certainly claim the cost of the item back under the Sale of Goods Act.

Alex Watts :

But further losses must be in reasonable contemplation of the minds of the parties

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-9240os9g- :

Except for highlighting and toning down certain areas of 24 of my paintings normally these would now be complete and ready for final varnishing.
Because of the failing of the product that I used,
JO SONJAS ARTISTS COLOURS,MATTE FLUID ACRYLIC
( purchased from my Art Supplier PEGASUS ART, LONDON)
I am unable to complete these 24 paintings without first reworking over the entire 24 in oils, the use of which I have long forgotten as I have used exclusively acrylic ( Jo Sonjas) for the last thirty years.
This is going to take me at least three to four months.
I want to claim damages against this company for loss of time, having to rework over these paintings, also for the time lost in my on going preparations for my exhibition in September of forty works.
Is it within your job description to start proceedings against this company?
I wrote to this company alerting them of the failing of their product, advising them of my twenty five years experience of their product, both in Australia and here in Great Britain and how their product was dissolving in water after four days of drying*
I also asked for their advice and help.
Primarily they claimed that I did NOT know how to use their product. Also to use several of their other products to solve the problem, all of these products are soluble in water.
I have now commenced to over work these 24 works in oils to try and save whatever I can, this will take me three to four months.
How does this sound to you?
Below is what I anticipate this will cost me.

18 minor works @ £1,500 each .......£27,000
5 major pieces @ £12,000 each.........£60,000
Total ..................................................£87,000

Now double this for three to four months lost time.
I have pictorial evidence of all my claims also a short video.

*Acrylic paint is a fast-drying paint containing pigment suspension in acrylic polymer emulsion. Acrylic paints are water soluble, but become water-resistant when dry.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-9240os9g- :

Question 1. fourteen days from when?

Alex Watts :

1. The date they receive the letter

JACUSTOMER-9240os9g- :

Question 2. Can anyone act on my behalf as I am currently living in France?

Alex Watts :

2. Only a Solicitor.

Alex Watts :

If there is a trial, clearly you would have to come over for that

JACUSTOMER-9240os9g- :

thats ok can you recommend a solicitor at a reasonable price, ie. mates rates?! ( I have usually painted my way out of this problem ie. cataracts, and now a pacemeker)

Alex Watts :

Sadly I am not allowed to recommend Solicitors. But you can find a civil litigation Solicitor here:

Alex Watts :

http://solicitors.lawsociety.org.uk/

JACUSTOMER-9240os9g- :

thats all for the moment will check out the websites, thank you and I rate your response no less than brilliant!

Alex Watts :

Happy to help.

Alex Watts :

If I could ask you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-9240os9g- :

it is time to bother you again with a quick question.

Alex Watts :

Is it related to this one?

Alex Watts :

If not can I ask you to rate this so the site credits me for the time spent with you today?

JACUSTOMER-9240os9g- :

I am sorry to bother you with a quick question. I have had a response from Jo Sonja in England, they tell me they are the distributor for this product . they are manufactured in America.

Alex Watts :

ok

JACUSTOMER-9240os9g- :

I have had a reply from Jo Sonjas in England they tell me they are the distributor and that the paints are manufactured in America. is this a problem?

Alex Watts :

No

Alex Watts :

It makes no difference. You purchased in the UK and UK law applies

Alex Watts :

Does that help?

JACUSTOMER-9240os9g- :

yes that does thanks again

Alex Watts :

Great. If I could ask you to rate my answer so the site credits me for my time please, the button should be at the bottom

Alex Watts :

If you need more help please click reply

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