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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My company supplies its customer with mechanics from suppliers

Resolved Question:

Hi,
My company supplies its customer with mechanics from suppliers in China.
I have a problem with an item recall with a metal bronze finish perfume container . THe item went through all testing requirements, which the customer was to fully aware of and the item was fully confirmed by the customer for shipment. The goods were delivered in febuary of this year has also have been paid for . The issue now is that the item is on sale in the shops where the tester sample is splashing a few drops when used direct on to the container which is making the bronze finishing comeing off the container . My customer is wanting a full recall of the product and is passing the blame all over on to our side .
My question to you is are we liable to pay all these costs and to re make the container for the customer especially when they signed off the container as part of the whole process and also pay for the goods already .
Appreciate your replies
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Does the company in China accept the recall please?Alex
Customer: replied 1 year ago.
No the China factroy will not accept this re call
Expert:  Ash replied 1 year ago.
Do you accept the product is defective? Alex
Customer: replied 1 year ago.
We have not accepted by email the the product is defective, how ever I have said on the telephone that out of good will gesture that we can re make the goods free of charge but nothing in email yet .they did ask me on the telephone again who do I think is to blame for this I said both parties were to blame ,
The only reply to their email by our side has been to out line that every things was done and confirmed their side through the whole process stage by stage before delivery .
Expert:  Ash replied 1 year ago.
Ok - then you need to foot this cost. If the product is defective then you would have a claim against the company in China. So yes you are liable if you are doing this as good will or the product is defective.But only if its defective can you claim it back from China.I am sorry if this is not necessarily the answer you want and its not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
As said I can't claim any thing back from the factroy in China . Their were various testing done no this product to ensure the bronze does not come off ie submerged in the perfume then wiped clean . This was also done with the customer . Then it was confirmed for production , unfortunately the test was not done where the puurfume was left on the container and not wiped off and this is where the problem lies when left to dry on the container is makes the broke coat come off .
I understand what you are saying but do I have a case that the customer excepted the testing and the delivery and in hinsite none of us knew this would be a problem .
Expert:  Ash replied 1 year ago.
Indeed. You said you are doing this as goodwill so sadly you have to pay. Can I clarify anything else for you?Alex
Customer: replied 1 year ago.
On the telephone not on email
So are you saying if I never said this then they would not have a case against me
Expert:  Ash replied 1 year ago.
Correct. Does that clarify? Alex
Customer: replied 1 year ago.
But it was on telephone
Expert:  Ash replied 1 year ago.
Yes, but you accepted to rectify, so you can't now change your mind. I am sorry. Alex
Customer: replied 1 year ago.
Ok noted I said I would do my sideCan the customer make me liable for all of their side expenses
Expert:  Ash replied 1 year ago.
If they take you to court for The expenses then possible if the judge considers product defective. But that is a matter of evidence. Does that clarify?Alex
Customer: replied 1 year ago.
Ok thank you
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
hi alex re the marks I really do not want my details on the web for people to see can you confirm this will not happen ?
Expert:  Ash replied 1 year ago.
Yes. Once you rate the answer I can lock it from view.
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