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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88749
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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We sell Sports Flooring like you would see in a commercial

Resolved Question:

We sell Sports Flooring like you would see in a commercial gym such as Golds Gym or 24 Hour Fitness. One of our customers bought $9200.00 worth of rubber gym flooring on 30 day net terms. After the floor was installed, (not by us) the gym owner called and asked what kind of sealer he could use. One of our sales people recommended a sealer made by Zep and one made by Taski. We have refereed these sealers for years and have never had a problem.

After the sealer was applied the gym owner called and informed me that the sealer made his floor ugly and ruined it. I called customer service at Zep and they said that they had not heard of that and it was either applied wrong or they may have received a bad batch. Zep informed me that they would refund the cost of the sealer and nothing else.

The customer has informed me that he will not pay and that I am liable since we recommended the sealer. My question is, are we liable for the problems with the floor due to recommending the sealer? The floor was fine and all the blame has been laid on us recommending the sealer. If we are liable I will cut my loses and write this order off. If not I will send it to collections.

I know very little about law but it seems to me this is kind of a stretch on their part and they are looking for a way to not pay their bill. If I am liable for recommending something I will certainly think before I recommend anything else in the future.

Thank You XXXXX
Sport Floors Direct Inc.
www.rubberflooringdirect.com
XXX-XXX-XXXX
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
No, you are not liable for the sealer nor the improper installation or use of it under the product liability laws. You need to place a lien on their business through your attorney and then you can sue both the gym and they can third party in the sealer people (since you did not have any contact with the sealer people you cannot sue because of no privity of contract). The sealer people would ultimately be liable if the sealer was bad, but not if it was applied wrong.


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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88749
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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