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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I sold a boiler to a escrrow group

Customer Question

I sold a boiler to a escrrow group and it leaked. When i brought this to the attention of my supplier they sent me a letteradvisuing me they would send a new unit. I gave this letter to our customer,the escrow grop and when they told me it would be acceptable to thei client i advised my supplier to proceed and manufacture another unit no charge as per their letter. A couple of weeks thereafter the manufacturer, my supplier realized they could repair the leaking one and were prepared to give a written guarantee with the same conditions as per the original order. Our customer ,the escrow group tells us that their customer is not willing to accept the repaired unit and if we do not supply them with a new unit they will remove and replace with a nother make and sue us. As i see it and i might be wrong is even though my supplier offered a new replacement unit and changed there mind when they found out they could field repair and offer the same warranty my customer was obliged to accept. The original factory warranty stated that the manufacture would repair any defective unit during its warranty period and replace only if not repairable which was not the case. My question is did the manufacture have the right to change their position after saying they would replace and then offering to repair after checking their original production records and seeing they could field repair. Mike XXX

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 3 years ago.

Yes i am prepared to wait for a answer. Have a nice day. Mike

Expert:  Nicola-mod replied 3 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
How long after sale did it go wrong please?
Customer: replied 3 years ago.

I would say close to the warranty expiration but before 1 year. You are a solicitor,i am not. As you have probably realized the question is whether the manufacture has a right to change and repair a unit and extend a new iyr warranty after saying he was going to replace. Thank you, ***** ***** your answer and have a nice weekend. Mike Granik

Expert:  Ash replied 3 years ago.
There is no right to a replacement once a reasonable time (6 months generally) has passed.
If the Landlord can repair it, so be it and the customer would have no complaint. The customer can't insist on a new one.
They can change their position if the warranty clause allows them to say it can be repaired rather than replaced.
Can I clarify anything for you about this today please?
Expert:  Ash replied 3 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
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