Breach of Contract

disdilemma

Sorry DoaM, moved the goal posts, thanks for pointing that out.

Am I able to attach the terms of the warranty/t&c's here?

I think going back to my very first post on this subject what I failed to mention is that we paid and ordered this item from a "middle man"/supplier who I believe is initially responsible if there are any breaches. So if the supplier/middle man has their own t&c's/warranty and then the manufacturer has different t&c's/warranty, which t&c's/warranty applies? I assume that if we ordered and paid the supplier/middle man then the responsibility lies with him/the company and their t&c's applies and it is up to them to fight it/discuss it with the manufacturer.

Fully take on board about the point made about due diligence etc but when you are buying so many different items ie tools, cleansing products, stationery, PPE etc etc it is very difficult to check your rights/t&c's prior to purchase.

DoaM

Normally your contract is with the entity you contracted, unless the T&Cs express otherwise. (e.g. the middle-man may have acted as a broker but the contract was between you and the supplier).


As per post #11, the actual T&Cs of the contract (for the entity with which you contracted) and actual T&Cs of the warranty are what matters.

disdilemma

T&C's/Warranty details from supplier/middleman:


9 WARRANTY
The Company warrants that as from the date of completion of the order for a period of 12 months, the Goods are free from any defects in design, workmanship, construction or materials. The Company also warrants that the services performed under those terms shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
Except as expressly stated in these terms, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Goods supplied by the Company.
10 LIMITATION OF LIABILITY
Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Company to the Customer in respect of any claim or breach of these Terms, whether or not arising out of negligence, shall be limited to the price paid by the Customers to which the claim relates.