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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a stainless steel stockholder, supplying stainless balustrade

Customer Question

We are a stainless steel stockholder, supplying stainless balustrade parts. We have just been sent an invoice for re-work carried out to a balustrade that had one of our items in it that seems to have had an issue.
The part was purchased by the customer oct 2012 and costs £12.00. The customer is trying to backcharge for site survey and rectification totalling 750.00 plus vat. we were not given the chance to replace and my question is where do we stand within the law.
At this stage, I do not know if they have manufactured poorly or the item has been mistreated over time. We have had no other complaints regarding this item.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Just to be clear there was a defective product but they did not give you a chance to mitigate?
Customer: replied 2 years ago.

That is correct, on a phone call we offered to replace, but they had already proceeded with the rectification. We did not give any agreement for them to carry out the work.

Could you please advise if there is a case to answer, or should we just inform them we will not be paying the invoice

Expert:  Ash replied 2 years ago.
Ok. Then yes there is a case but you should not pay. The law requires that they give you an opportunity to put right and therefore mitigate their loss. They failed to do that. If it had been wrong then you could have out it right and they did not have to incur £750.
Therefore you should reply back and say they failed to mitigate their loss as required by law.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Just a quick question, for future knowledge should we ever need. With regard to the rectification. Are we liable only for the part that "failed" to be replaced as this was where our involvement ended or are we liable for the whole re-work to be carried out, namely manufacture of the whole balustrade.

Expert:  Ash replied 2 years ago.
It depends, if your defective work damaged other things then yes you need to put that right. Unless your contract limits liability to only to repair your own work.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex