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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have a small business and I manufacture stainless products

Customer Question

good morning I have a small business and I manufacture stainless products for commercial swimming pools Australia wide, we do large aquatic centres,,, on our purchase orders we state that stainless must not come from India and that we need a test certificate to prove this on every order as its really bad quality,, we ordered approx. 10k of stainless from Atlas metals and started to fabricate it , about a week later the invoice came with the test cert and half was Indian we spoke with them and they said they would garrentee it 100% 3 months later it looks as if its made of mild steel, Rust everywhere, I told them and they send a metallurgist to test it and he said it was defective and would replace it, We also sent a cost brakedown of labour to remanufacture (seats) and electropolish them transport and remove and replace the old for new $51000, They are sending new material and admit fault, but don't want to help with the cost associated , they are arguing with India that they should pay, can you help with some advice please Corey Egan Crafted stainless(###) ###-####
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Where are they based?

Customer: replied 1 year ago.
Atlas metals are in all capital citys and also regonal places like Albury they are a massive company
Customer: replied 1 year ago.
we have dealt with them for 15 years
Customer: replied 1 year ago.
Hi Leon are you still there
Expert:  Leon replied 1 year ago.

Good Morning

Apology for the delay I had to get to work

You have a contract with Atlas and you can seek the costs from them.

They failed to honour the agreement and you can rely on that

Even though they do not want to pay you can run a successful case.

If they think that another party is liable they can join them. You have a contract with them and you can only recover your costs from Atlas.

I hope this makes sense and is of assistance.

Customer: replied 1 year ago.
How do i recover the costs? do i have to spend thousands on a solicitor and go to court?
Expert:  Leon replied 1 year ago.

Good Morning

You have to sue them for breach of contract and set out how their breach has cost you the money

Send them a letter of demand and if they do not respond with payment then you have to commence proceedings

It is $51,000.00 you wish to sue for. If you are successful your solicitor would seek an order that your costs also be paid by them.

The solicitor will set it all out for you and how it works

I hope this makes sense and is of assistance.