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Q- In 2008 installed equipment for customer, 3 months later had to replaced of part onunit becauce of no maintance of equipment, for that year of 2008 had 6 calls that was not charge to customer, becauce workers and manager did not know how to operated the peice of equipment. In 2009 starting up this unit(summer use only) that had promblems with the elecrtical panel, that was told to them to change out in 2008 now this elect. promblem cause the same promblem and this unit has to have the same part change again, because of this part having 5 years on this part, we received this part at no charge, but labor was not under warranty, all this was sent to customer by u.s mail and no response to clear this matter, or repair this unit. now received a letter from them they want us to pay for the new electrical work, other service company they called out, and the new unit they purchased from other sourse. how should we handle this one?
State/Country relating to Question: Ohio Already Tried: writing a letter to the customer attorney, that our company will repair the unit, but the labor is not under warranty.
Hello, My name is XXXXX XXXXX X am a JA attorney. I'll attempt to resolve this matter for you today. It seems to me that your piece of equipment was working just fine, and the work you did under and no under warranty was part of the equipment's purchase. Is the electric panel part of the equipment, or separate from it and was provided by them?
The estimate was to installed the equipment only, but the installer notice that the electrical panel had to be updated for this equipment, this was mention to the manager in charged, and he would take of it, he never ask our company to repair this electrical panel, if so it would be a seperate estimate to do this.
Then you are NOT liable. The contact was for your piece of equipment. Just because they did not have the sense to manage their electrical stuff for the equipment does not make you liable if something goes wrong. Example: Imagine I bought a computer from Best Buy, went home, plugged it in. Some software didn't work right. I called Best Buy, they send a tech out to fix it. Ok great. The tech mentioned that the computer is plugged into a wall socket with a wrong electricity but was told "ok, thank you, XXXXX XXXXX care of it, just do what you're told." Later, the PC goes out b/c of the electrical damage and the people try to hold Best Buy responsible. No, you aren't liable, and a strongly worded letter from you or your attorney should take care of any pretenses on their part. Also make sure to threaten to counter-sue for frivolous litigation if they start anything. That should take care of it. Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions. Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance. There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”
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