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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We supplied some metal garden planters to a trade customer

Resolved Question:

Hello, we supplied some metal garden planters to a trade customer about 2 years ago, they have become rusty and they want them replaced, although we don't think it's our fault we have offered to supply and deliver new ones as a gesture of goodwill, there was a mistake on our website about length of warranty (should have been 3 but website said 2) so we have to replace them under this I guess, even though we think they have been subjected to something that has increased the speed of rusting (this is only the 2nd set of planters we have had to replace in 12 years), but they are saying we need to install them as well including removing the plants, and offering new compost and re-planting (we only supplied the planters in the first place, none of the other items), do we have to install as they are threatening legal action if we don't? Thanks in advance,
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Just to clarify, you didn't install in the first instance?

Customer: replied 1 year ago.
Hello,No, we only supplied them and delivered to site, our client is a garden designer selling these on to a clients garden, the designer paid us to make and deliver them, then his client paid him to supply, install and deliver the planters and install plants and compost
Expert:  Ash replied 1 year ago.

Ok - then you dont need to fit them.

You only need to re-supply them. Nothing more

They can try and sue you, but if you are just doing this as a gesture of goodwill, this is not an admission of liability.

Therefore you only need to supply new ones, not install

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Great, thanks - is there any issue over the fact that we had an error on our website about the warranty? We have subsequently changed the website and are only offering to re-supply as a gesture of good will, but could this weaken our case if they go to legal?
Expert:  Ash replied 1 year ago.

No, if its an error, then its just an error.

You should put Errors and omissions excepted though

Does that clarify?

Customer: replied 1 year ago.
thanks!
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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