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Ask John Quirke, Esq Your Own Question
John Quirke, Esq
John Quirke, Esq,
Category: Republic of Ireland Law
Satisfied Customers: 19
Experience:  Barrister at Law at Self Employed
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I completed a website customer and despite the fact it is

Customer Question

I completed a website for a customer and despite the fact it is fully functional the customer wants a full refund and is threatening to charge for loss of business because she claims the website is not functioning, even though it does.
The customer is Irish citizen but based in Germany.
She is also claiming that functions are missing which she says were initially agreed but would involve work from my side. Despite the fact these were not included I have offered to complete the work for free, as a gesture of good will. The customer has refused.
There is email correspondence as well as a screen-video proving the website is working perfectly fine. She is now threatening to charge me for loss of business.
Could you please advise me of my options.
Kind regards,
Michael
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  John Quirke, Esq replied 1 year ago.

It is of utmost impotence that you write to the other party setting out in detail the precise terms upon which the contract was entered into and also setting out in full to her that you have complied with the terms of the agreement and the reasons why. If the agreement is in writing you should refer to the specific terms demonstrating your full complience. You should also expressly point out what work you are doing which was not initially agreed but that you are doing it as a gesture of good will and without prejudice to any admission of liability.

it appears that this woman is threatening to take legal action, in the circumstances I would advise that you instruct a solicitor to write this letter for you to pre empt any legal action she may be contemplating. You should also examine carefully why she is saying the website is not functioning as agreed. Is there some misunderstanding between the parties? obviously you are doing the right thing to help remedy her issues and you should continue doing so as best you can. Ultimately you cannot prevent her from taking legal action even if any claim she makes has no merit.

Your only option is to reiterate the terms of the contract and demonstrate compliance preferably through a solicitor.

I hope this is of some assistance

Kind Regards

John

Expert:  John Quirke, Esq replied 1 year ago.
Please be aware that there is a contractual relationship between the parties.
It is immaterial whether the agreement is oral or written or part e-mail etc.
There is still a contract/ agreement. Contract merely means an agreement between the parties for valuable consideration. Set out precisely what was agreed and how you have complied with that agreement, either by referring to what was said orally or in the emails.
Best
John

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