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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had a letter from a company's solicitor we supplied

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I have had a letter from a company's solicitor we supplied a pump to in Sep.2012, In Jan 2014 16 months later a director of this company contacted us to claim the pump had failed after only 4 hours operation. This was outside of the 12 months warranty of the unit. They claimed that the pump was badly designed and damage to the pump was caused by the pump. Without prejudice we offered to inspect the component (which was the main tube component of a peristaltic pump) and also have the pump returned for inspection. If found at fault despite out of warranty we and the manufacturers agreed to look on the matter favourably. The 'client' at that time showed some photos and declined to return component on the basis that their experts opinion was conclusive and the manufacturers would be biased against them. As they were under commercial pressure as this was a pilot plant they ordered replacement parts which to this date have never been paid for and for which they have subsequently refused to pay for. They then proceeded to repair the pump themselves and then claimed the pump was underperforming. We could not comment as we had not had the pump or components returned or had the pump repaired by trained personnel. We have heard nothing until January this year nearly 1 year later when we did eventually attempt dept recovery of the amount for the ordered parts which were clearly now operational in the pump they claimed not fit for purpose. They then contacted the manufacturers in Germany claiming subsequent losses to their business and amounts up to £15000 lost. The German company offered to help technically but stepped back when they fully understood what had happened previously. The letter we have now received from their solicitors is claiming costs associated with development of their machinery, losses due to pump failure, re-development of their machinery for other pumps, replacement pump and loss of investors. The latter is titles notice prior to court proceedings
We do not believe we have a case to answer as our help even outside of the warranty period was declined and we could do no more. Should we just ignore this or contact a solicitor for a legal response
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear, have proceedings been issued yet?
Customer: replied 1 year ago.

no they haven't as yet. Sorry also you have requested a further £36 for a discussion yet I have had no answers for the £38 I already paid so I am concerned about the rising cost of this excercise

Expert:  Ash replied 1 year ago.
There was an additional offer which you can accept if you wish which means I can call you. If not its just the £38 to keep the conversation online.
is that ok?
Alex
Customer: replied 1 year ago.

yes lets stay with the original cost provision for now

Expert:  Ash replied 1 year ago.
Ok. I am assuming this was a business to business transaction. Therefore they have limited rights. If it is outside the warranty period they have no claim.
Even if they did have a claim it would only be for a refund of the purchase price, not loss of profit etc. If they try to take you to Court, you can defend it but ALSO counter claim against YOUR supplier.
You are not liable, its outside the warranty period.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

I wouldn't want to counter claim against my supplier as the product was outside the warranty and I have an excellent and important relationship with the supplier/manufacturer but would want to claim against this client for loss of our time, legal fees and the spares they have still not paid for but used. Would that make sense?

Expert:  Ash replied 1 year ago.
Yes. You dont have to but its a legal option.
Does that help?
Alex
Customer: replied 1 year ago.

Yes thankyou very much

Expert:  Ash replied 1 year ago.
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/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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

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