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Q |
A customer is
refusing to pay my bill. What can I do? |
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A |
It depends on why they
won't pay! If it is because of bad workmanship
or poor quality goods and materials, they might
be entitled to withhold all or part of the payment
until you resolve it. On the other hand, if the
job is OK, but they just haven't coughed up, they
are clearly in breach of contract and you would
be entitled to sue them. Do note, though, that
you would NOT be entitled to go on to their property
and remove anything, as this might constitute
trespass possibly with intent to cause criminal
damage.. You'd be much better off issuing a summons
in the county court if the cost is less than £35,000,
or alternatively, seeing a solicitor if it is
more than this. Top
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Q |
For how long am I liable
to a customer for work that I've done? |
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A |
The law says that you could
be liable for up to 6 years from the date that
the work was carried out. This would vary though
depending on the work done. It would be reasonable
if you had done a house extension to expect that
to last and be durable, however, if you have carried
out a minor job like fitting a new washer to a
tap, then the law says you will be liable for
a "reasonable" amount of time, given
the normal life expectancy of that product or
service. Top
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Q |
I fitted a new central heating
boiler last week which is now faulty. The customer
wants me to refund her or get another boiler,
but I think it is the manufacturer's problem.
Am I correct?
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A |
NO! You have the contract with
the consumer, as you supplied and fitted the boiler.
You would need resolve the matter by refunding
their money or repairing or replacing the faulty
boiler. Any costs you incur may then be claimed
from your supplier, who in turn is liable to you
for selling you faulty goods. The only time the
manufacturer could also be responsible would be
if they issued a guarantee when the consumer could
choose to go to them direct but they would still
have a claim against you. Top
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Q |
I have advertised goods but
have made a mistake with the price. Do I have
to sell the goods at the price advertised? |
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A |
When a mistake like this happens
you are not obliged to sell you the goods at the
lower price. You should withdraw the goods from
sale until the problem is rectified. Depending
on the circumstances if you try to charge more
for goods which are advertised at a lower price,
then a misleading price indication could be given,
which is a criminal offence. Top
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Q |
A customer left their car
with us for minor repairs. On collection the customer
claimed we had scratched the bonnet. We deny this
and also display a notice and in our conditions
stating ‘no liability accepted for damage,
howsoever caused’. Am I in the clear? |
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A |
The customer has a right to
expect you to take reasonable care of his property
whilst it is in your possession. If he can prove
(the onus is on him) that the damage was not there
beforehand, then he may be able to hold you liable
for the repair.
The disclaimer notice that you display will not
allow you to avoid liability. The Unfair Contract
Terms Act 1977 prevents you from avoiding liability
unless you can show that it is fair and reasonable
to do so. The consumer could ask a court to set
the disclaimer aside as being potentially unfair.
Top
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Q |
How often do you visit? |
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A |
Routine inspections are
determined on a risk assessment basis. We aim
to visit high risk traders annually, medium risk
every two years and low risk every five years.
We also may visit you from time to time for sampling
purposes or in rsponse to a complaint against
you. Top
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Q |
Where can I obtain a trader's
stamped length measure? |
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A |
We have identified the following two local
suppliers :
Cauldwell's, Lobley Hill Road, Gateshead - Tel:
460 3600 and
London General Sales, Penn Street, Newcastle -
Tel: 226 0111. Top
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Q |
Where can I go for calibration
and testing services? |
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A |
Tyne & Wear Trading Standards Authorities
jointly fund a purpose built laboratory situated
at Saltmeadows Road, Gateshead. Click here
for more information on the services available.
Top |
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Q |
Where can I get my scales
repaired? |
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A |
If you have a repair contract
with a company, contact them. If not there are
a number of traders advertising in 'Yellow Pages'
under 'Scales and Weighing Eqpt'.
The UK
Weighing Federation is the national trade
association and their website give details of
their members. Top
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