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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 22677
Experience:  14 years practicing attorney, MBA
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Hi I own a glass tinting businessand I have a customer that

Resolved Question:

Hi I own a glass tinting businessand I have a customer that sent me a cerified letter and I have to reply within 15 days she is saing I messed up her windows in her house. and also wants a refund of all the money she paid. I need to sit down with someone to ask where do I go from here.Please send me some help please
THANK YOU CINDY
Submitted: 11 months ago.
Category: Business Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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The legal experts here aren't allowed to actually represent customers and our interaction is limited to working with people on the site. But we are able to answer legal questions if you have certain questions you need help with...
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If you have particular questions, I will be more than happy to see if I can help...
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As for the letter, it is just a letter, not a summons and complaint, correct?
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Have you had an opportunity to go out and inspect the job to see if there are defects?
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Thanks
Barrister
Customer: replied 11 months ago.

I have been out to the house and I told a reparative from the film company with me and they said that that the war. covers cracked windows but not seal failure.
She had us come back out to remove all the film off .she thought that the film was going to pop the seals.when I looked at the windows I couldn't see any thing wrong

Expert:  Barrister replied 11 months ago.
Ok, so did the tinting materials representative see anything wrong with the job or the materials?
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Did the film cause any damages to the windows?
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Forgive my ignorance, but what do you mean by "she thought that the film was going to pop the seals"?
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What seals? Why would window tint affect any seals on the windows?
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Did you take photos of the film installation?
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Do you think the customer just changed their mind?
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Thanks
Barrister
Customer: replied 11 months ago.

our representative did not see any


the film cracked2 windows


the tint can cause poped seals if you aply the wrong film I did not put the wrong film on


I do have some pics


I think she over reacted that is why I said I would take care of it. not replace all the windows in the house

Expert:  Barrister replied 11 months ago.
Ok, if the film caused any damage to the windows, you can be held liable for that. Whether it is the film that damaged the windows or the installation, you would have to hammer that out with the film manufacturer. But from the customer's perspective, you installed the film so you are liable for any problems.
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But if the customer is trying to get you to pay for replacement of windows that might be damaged, she can't do that. She must have actual damages in order to recover.
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As for the cost of installation, if there were problems with the install, then if she sued, she would win a refund of her money under a breach of contract claim. Basically the court will award her any damages she can prove plus a refund of the installation price.
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So if it were me, and I wanted to head this off before she filed suit and you were forced to hire an attorney for a couple thousand to defend, I would try to settle this by offering a refund of the installation plus covering the cost of the cracked windows. Then I would try to submit a claim to the window film manufacturer to see if they would reimburse me for any of the costs I had to pay to the customer.
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Thanks
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 22677
Experience: 14 years practicing attorney, MBA
Barrister and 4 other Business Law Specialists are ready to help you

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