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?
Yes would have signed the terms and conditions and they supplied the tank and the valve that's the wrong one.
Hi, Thank you. This really depends on what the terms and conditions say, but I can tell you the following:
(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.
(ii) The damages claimable for breach of contract are all those damages and losses that are a naturally occurring consequence of the breach.
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.
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.
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.
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?
Can I assist you any further with this?
Thats great thanks