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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1228
Experience:  Solicitor
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We are a plumbing and heating company. One of our engineers

Customer Question

Hi
We are a plumbing and heating company.
One of our engineers went to do some work in a garage.
The customer has since been back in touch and stated we have splashed solder on her inflatable hot tube and damaged it. She has sent photos and is wanting us to pay for a replacement.
We have then contacted the customer to request to view the product and the extent of any damage to which she as replied they have taken it to the skip.
How do we stand
Submitted: 26 days ago.
Category: Law
Expert:  Jamie-Law replied 26 days ago.

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

When did the accident happen and when did they skip it?

Customer: replied 26 days ago.
She emailed on the 29th October
She was verbally told the engineer would be in touch to deal with her concern. the engineer spoke with the customer at 4pm on the 4th Novemeber that he would like to come and view the product on Monday to which she replied "thats fine". He has contacted her today, he was told it was taken to the skip over weekend because her husband tried to get the solder off and it riped.
Expert:  Jamie-Law replied 26 days ago.

The photos, are they date/time stamped?

How much is the replacement? How old was it do you know?

Customer: replied 26 days ago.
This is her email:
Good Morning,
We recently had an engineer come out to our property to do a boiler service. It was arranged through our landlord and agent Logic Letting. The boiler had to be capped and was out of use. We have had some gents come out today to fit a new boiler which is brilliant however in our garage we store our inflatable hot tub which was in the garage at the time the boiler was condemned. We have had a look today when moving it out if the way for the gents to work on the boiler and there is solder all over the bottom of the hot tub. When the previous gent had capped the boiler he has dropped solder all over the hot tub burning through the bottom of it.
I've attached some photos to show you the damage which will need replacing. The product is a lazy spa 4 person inflatable hot tub which cost us £350 it's not even 4 months old. I would appreciate a prompt reply and solution before I take this any further.
Kind Regards
Megan Heathcote
Expert:  Jamie-Law replied 26 days ago.

The photos, are they date/time stamped?

Customer: replied 26 days ago.
The emailed photos to me are not, but that is not to say the originals are
Expert:  Jamie-Law replied 26 days ago.

Indeed. What is it you would like to know about this?

Customer: replied 26 days ago.
Can the client pursue this if she has thrown the product away knowing we requested to see it to confirm the damage
Expert:  Jamie-Law replied 26 days ago.

Potentially. In this case they said they would keep it - they did not.

As such in my view although you may be liable for a repair, you are not liable for a replacement.

That is because it could have been repaired and they could have mitigated their loss (repair would be cheaper).

If they have just thrown it away when they said you could inspect then that is unreasonable.

Can I clarify anything for you about this today please?

Customer: replied 26 days ago.
No Thank you for your advice
Expert:  Jamie-Law replied 26 days ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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