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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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We have been dealing with BOC gasses number of years.

Resolved Question:

We have been dealing with BOC gasses for a number of years. We have what's called a liquid nitrogen tank at the premises. The problem that we have had for the last 3 years is its been venting to atmosphere very frequently. We contacted BOC numerous times and they said its meant to, which is true. But it should have only vented 1% per day, where ours would empty an entire tank in a couple of days. BOC said we were under contract for 3 years and there is nothing they can do. We have since had an engineer look at it and the wrong safety valve has been fitted all this time. The line was 35 bar line but the safety which was fitted was 26 bar, so as soon as the tank built up the pressure the system was just sending it out to atmosphere. Its costs up to a couple of thousand pound per month for the last 3 years.
We are asking them for compensation but so far they are dodging the situation. Since they have changed the valve we have had half a tank last over a week.
They knew something was wrong because they changed the tank, unfortunately the valve was not changed and they just assumed we were over exaggerating.
Please advice if you can?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Did you sign any terms and conditions with BOC? Did BOC supply the tank?

Customer:

Yes would have signed the terms and conditions and they supplied the tank and the valve that's the wrong one.

Alex J. :

Hi, Thank you. This really depends on what the terms and conditions say, but I can tell you the following:

Alex J. :

(i) Under the Sale of Goods Act 1979 S.14 - it is an implied term that goods supplied are fitness for their intended purpose - this is treated as a contractual term and therefore breach of it will result in a claim for breach of contract.

Alex J. :

(ii) The damages claimable for breach of contract are all those damages and losses that are a naturally occurring consequence of the breach.

Customer:

Ok thanks

Alex J. :

Therefore the fact that you had been losing gas supplied as the result of a faulty valve means that these are forseeable losses but you have to calculate them.

Alex J. :

You can claim all losses going back as far as six years. So the fact that this issue has continued for 3 years is not an issue.

Customer:

We ask for a high pressure line for our laser which needs 35 bar, which we could never get it up to pressure and now we know why. Since thye have changed it to a 35 saftey valve it works perfectley.

Alex J. :

That said you need to look at the terms and conditions and see whether there are any financial caps or limitations on the liability of BOC?

Alex J. :

Can I assist you any further with this?

Alex J. :

Kind regards

Alex J. :


AJ

Customer:

Thats great thanks

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