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Thread: defective items

  1. #1
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    defective items

    i have a small problem with some products that i purchased...

    the product was installed and once completed...1 month ago...the customer made up a snag list...1 week ago...it was found that the product had some small issues the covers not fitting flush...so we contacted the rep for the product and advised him of the problem...he came out to site and tried to fix the problem...unfortunately while trying to fix the small problem...it was found that all the covers had been glued to the main body of the product...which meant that the product was defective...so the rep took pics and sent it to his head office...they advised him to tell "me" to remove all their products at my cost and put it back into the original packaging (which was dumped a month ago) otherwise they would not accept the product back...and to make matters worse they insist that there be no holes drilled into their product...mmm this is gona get interesting.

  2. #2
    Site Caretaker Dave A's Avatar
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    Does the CPA provide for consequential damages arising from the supply of defective products?
    The trouble with opportunity is it normally comes dressed up as work.

  3. #3
    Platinum Member sterne.law@gmail.com's Avatar
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    A few questions for some clarity please:

    Is the cover part of the complete product - in other words as an example, if I buy tupperware it comes with a lid and in this case the lid has been glued onto the actual container.

    If I understand correctly:
    Wynn has supplied ABC with a product.
    Wynn purchased the product from XYZ.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  4. #4
    Platinum Member sterne.law@gmail.com's Avatar
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    The CPA does not actually provide for any damages.
    The parties can either agree to a damages amount and incorporate that into a compliance order OR approach a civil court for the damages element.
    Specifically to Dave's question is when there may be other costs involved in correcting a problem such as the labour to fit the product.
    You would have to claim that via the civil court unless the parties come to an agreement. If however I have contracted with XYZ to fit the product and the product is faulty, they need to take care of the replacement and the labour costs flow with it.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Dave A (17-Apr-12)

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    sorry i cannot go into detail about the issue at this point in time as i believe we could be in for a nasty battle...but i will post a full report with pics once i have got my refund sorted out...if i get it right...we are talking tens of thousands of rands.

    the product is not damage...it is like a reject...but we didnt know until the rep had to do some repairs to some of the products to find that all the products are the same and will mean having to break off the end cap to be able to do future maintenance.

  7. #6
    Diamond Member AndyD's Avatar
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    I don't like guessing games At least say what the product is even if you don't give manufacturer / supplier details.....pleeeeeease.
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