Damage to item by tradesman

Flying_Lemon

My husband is a tradesman, and whilst servicing a customer's item, he accidentally damaged it beyond repair. He offered the customer a brand new alternative (different brand but in the same price/quality range) which she accepted. However, she has since changed her mind and is now asking for a full 'new for old' refund (i.e. the cost of a brand new item identical to the one deemed unusable). My husband's PL insurance won't cover the claim.

Is it fair to offer a like-for-like refund, considering the damaged item is nearly ten years old? This would work out at around 1/3 of what she's asking for. I'm thinking that if it were a claim for a written off car or the like, the payout would be for the value of the item at point of damage rather than price as new. However, I'm just checking I'm not being blinkered about it. I suspect if my husband doesn't agree to the claim, she will escalate it to the small claims court.

Thanks for any help

BJV

TBH I think it would depend on the item. For example if it is a 10 year old aga then I wold not be happy if someone offered me a £500 range cooker.

I think new for old is a bit harsh on her side. 10 years old is still 10 years old.

What was it that he damaged?

agrinnall

I think he's been more than generous. If she doesn't want the new replacement then offering what the 10 year old item was worth seems reasonable to me.

Flying_Lemon

She's a chef. It was a Japanese kitchen knife, costing around £300 new. The brand website suggests they have a lifespan of up to twenty years, but obviously they're not worth as much when they've been used for ten years.

He'd offered to replace it with a similar standard knife btw, not a SmartPrice knife of anything.

fleshandbone

I would be wanting an identical replacement, if it is still available to buy.

BJV

Flying_Lemon wrote: »

She's a chef. It was a Japanese kitchen knife, costing around £300 new. The brand website suggests they have a lifespan of up to twenty years, but obviously they're not worth as much when they've been used for ten years.

He'd offered to replace it with a similar standard knife btw, not a SmartPrice knife of anything.

Ooh difficult one. My Oh is a chef by trade and his knives are his babies. They can also cost an absolute fortune. That said I think that she is being a little unfair. If the knife has a lifespan of 20 years and this happened 10 years in then I would suggest meeting in the middle.

martinsurrey

BJV wrote: »

Ooh difficult one. My Oh is a chef by trade and his knives are his babies. They can also cost an absolute fortune. That said I think that she is being a little unfair. If the knife has a lifespan of 20 years and this happened 10 years in then I would suggest meeting in the middle.

My guess is its a 20 year WARRANTY, not a 20 year life.

A well looked after, well made knife can and do last a lifetime.

OP can you see how worn it is? if its been sharpened down to a nub, its not worth much but if its still in new conditions, I doubt you have much of a leg to stand on.

Flying_Lemon

No, there's a one year warranty - the twenty year lifespan is a selling point quoted on the manufacturer's website, not a guarantee per se. I'm only mentioning it as the customer has bought it up to argue she had use left in the knife before the damage occurred.

It was well worn, not as new. Before my husband broke it, the customer was chatting to him about how she was saving up to replace it, so she acknowledged it wasn't in perfect condition.

martinsurrey

Flying_Lemon wrote: »

No, there's a one year warranty - the twenty year lifespan is a selling point quoted on the manufacturer's website, not a guarantee per se. I'm only mentioning it as the customer has bought it up to argue she had use left in the knife before the damage occurred.

It was well worn, not as new. Before my husband broke it, the customer was chatting to him about how she was saving up to replace it, so she acknowledged it wasn't in perfect condition.

In that case I'd be going halfs.

good luck!

DoaM

What is the price of the alternative new knife your OH has offered?

unholyangel

Is there a 2nd hand market which indicates how much they would have been worth had damage not occurred?

If someone crashes into your car and writes it off, you don't get a brand new car. You get the value of what was destroyed.

However if there is no 2nd hand market for goods of that type (doesnt need to be for that specific model), then you may well be looking at brand new replacement. Usually brand new would be considered betterment when there is a 2nd hand market and would go beyond what is necessary to compensate for damage into penalising the party in breach. However if there is no 2nd hand market, the betterment is an unavoidable consequence of the breach and therefore not classed as a betterment.