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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7070
Experience:  Solicitor
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We have installed a power driven gate on a commercial site

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We have installed a power driven gate on a commercial site which is not the right shade of colour specified by the customer. The gate is working perfectly (for the last 6 months) but the customer is still insisting that it is removed and re-finished the correct colour. We have offered to re-finish the gate in-situ but the customer is saying that the new finish will not be as durable as the original.Where do we go from here?

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Is it likely to be not as durable? Is the customer a consumer?

Customer: replied 21 days ago.
The customer is a large insurance company and the new finish is being offered with a 25 year warranty which is far in excess of the original powder coat finish.

Ok. So the warranty would still apply if done in situ?

Customer: replied 21 days ago.

Ok then they can not refuse. It makes no difference to the warranty.

They are not a consumer so the Consumer Rights Act 2015 won’t apply.

Therefore you can refuse and only do it in situ. It makes no difference to the product.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 21 days ago.
The new paint surface will not be as 'vandal resistant' as the original surface which is a powder coat finish - will this make any difference?
Customer: replied 21 days ago.
Hi - will I get a reply to my last question?
Customer: replied 21 days ago.
Jamie - can you come back to me on this.

Sorry I was in court. No, it won’t make any difference, but if they gates are vandalised you may be liable for cleanup.

Does that clarify?

Customer: replied 21 days ago.
Jamie - The customers order to us says that the gate must be finished with a powder coat - which it was, but with the wrong colour. The proposed re-finish (which will be applied over the original powder coat) will be a paint finish of the right colour - does this make a difference?

Ok, so it will still be the same ?

Then that is all you need to do. Repaint

Does that clarify?

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