Re: Try this warranty problem
- From: Dan Hicks <danhicks@xxxxxxxxxxxxx>
- Date: Sun, 30 Oct 2005 08:40:12 +0000
Linker3000 wrote:
As this was a sale/purchase between corporate entities the obligations and responsibilites of each company involved will depend on the contract drawn up between each company at the time of, and in order to consummate, the sale/purchase.Not mine, I hasten to add...
Company A has purchased 12 'X' brand PCs each with 1 yr on site warranty from Company B.
Company A has installed the PCs for a customer.
Fast forward 2 months...
Company B (PC assembler) has gone bust.
1 PC develops a fault.
Customer calls the phone number provided for warranty service - the warranty is handled by a third party maintenance Company ('C')
The maintenance company 'C' says that since 'B' owed them a lot of money when they went bust, they are not honouring any warranties for the kit.
Customer calls company A and asks them to sort it out. Company A says that they only acted as an agent for the customer to arrange the warranty and they paid the money over (to bust company B) and so it's not their problem and the customer should deal directly with the maintenance company.
The maintenance company can't prove they were/not specifically paid for the customer's PC.
Company A had 'paid' (Company B) for the maintenance contract and sent back the warranty registration form to the maintenance company.
Who is obliged to sort this out...?
Over to the amateur (and not so amateur!?) lawyers....
So, my guess is - from the information that you have provided - that the contract of sale was between, as you put it, "a customer" and company A. Therefore, under contract law it is the responsibility of company A to resolve any non-compliance of the contract of sale.
As to whether the maintenance company C is under contract to resolve the non-compliance will depend on several factors and it does NOT follow that since company B owed them "a lot of money" they are NOT under an obligation to honor non-compliance claims.
However, the cost to company A to prove the latter claim would probably be hell of a lot more than the cost of sorting out the problem with the computer themselves.
.
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- From: Linker3000
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