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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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A biomass bioler system was purchased from a third party, part

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A biomass bioler system was purchased from a third party, part of the system to be delivered was two buffer vessels. The specification for the vessels initially was to have a working pressure of 3 bar with inlets and outlets of 80 mm (80 dn).

After changing consultant for the wet side of the system, we were informed this specification was not suitable and should be altered to 6 bar working pressure, with inlets and outlets of 100 mm (100 dn)

When the vessels were delivered, it was noted by ourselves the tanks were of the original order specification, certified to have a max pressure of 3 bar and tested to 7 bar, with inlets and outlets of 80 mm, the third party altered the inlets and outlets to the required 100 mm by cutting and welding the storage vessels, and claimed the badging was incorrect and new badges would be forwarded to replace the existing. After the welding was complete the third party tested for leaks and declared the vessels were fit for use.

As the vessels are for the storage of energy and water, they are covered under the pressure equipment directive. The sections that caught my attention was article 14.3 and article 16 of the pressure equipment directive 97/23/EC

Does the post production modification of the vessels void the certification of the vessels?

If the vessels were badged and the certificate issued stated they had a max working pressure of 3 bar, is it a correct assumption to say simply fitting new badges does not update their specification without further pressure testing taking place, and a new certificate being issued?

They are also trying to charge an additional 10% as they are claiming they are of a 'higher specification' than originally quoted.

Do we have strong enough case for litigation or are their practises correct, and what would be our next step?

Many thanks in advance for your help.

Thanks for your question, my name isXXXXX will do whatever I can to help you today.

How did you pay for this?
Customer: replied 5 years ago.

Hi Nic,


We paid by cheque 40% on order, 40% upon commissioning, and we are holding 20% back until we are happy with the installation

Thanks. And what do you want to achieve?
Customer: replied 5 years ago.

we are currently holding back the 20% as they have failed to provide in a number of other areas.


If they are in the wrong, we wish to use this as part of a case we will present to the third party to negotiate the balance.

Thanks. What you need to do is get an expert to examine the product and give a report.

As such if you feel they have installed wrong and/or used the wrong parts then they are in breach of Section 13 of the Sale and Supply of Goods and Services Act.

So in those circumstances then yes, you could withhold the 20%.

And yes you could negotiate the balance.

But it all starts with an expert report - that way you know whether or not it is defective.

I hope this helps and if there is anything else I can do to help you today please let me know.

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Customer: replied 5 years ago.

thank you for your help

I'm just following up with you to see how everything is going. Did my answer help?