Chris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : Q1. You should claim through the installer if he provided the product.
Chris The Lawyer : Q2. The remedy in this case should be replacement, and the discount does seem light. Damages for breach of contract are what it costs to put you in the position you should have been in, if the plastic had not been defective, that is, a product which lasts a reasonable time without faults like this. In effect this means replacement or your money back
Chris The Lawyer : Q3. You should not need to pay for replacement, as the reason for this was the defective product
Chris The Lawyer : Q4. Delay is a bit of a problem, but in the end I don't think too serious
Chris The Lawyer : Q5. The amount for the Disputes Tribunal is $15,000 so if your claim is below this, then you should file there
Thank you for your advice. If it's not fall into the commercial case, I will take them to Dispute Tribunal then. I want to repair the plastics a.s.a.p. Do you think it's ok to repair it thru that installer first? I won't pay the installation and the plastic fees until the dispute tribunal make the decision.
Chris The Lawyer : You should tell the original installer you will get someone else to complete the work. That gives him the chance to do the work. But if he refuses then someone else should do the work and you can claim the costs in the Tribunal