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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22157
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi. I am a flower grower. I have put a new plastics on plastic

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Hi. I am a flower grower. I have put a new plastics on plastic houses in 2011 thru the installer. The plastic I've got torn and ripped off about a year later since it's installed. That's because of a poor quality of the plastic. I tried to contact the installer to repair it but the installer was not obtainable for almost 1.5yrs. Finally he replied to me now. It's because this incident has happened to all plastic house owners who have had that plastics installed then. I did pay around $3k in 2011. Now the installer asks for $6k incl. material, labour etc. The installer says it's not their fault so I need to sort this out with the plastic supplier directly. The plastic supplier gave us 30% DC on the product they are going to replace with. They've got no same product so more thick plastic will be used for replacement. Previous plastic had 38mth warranty but as it only lasted for 12mth they apply the DC for rest 26mth warranty period. (It's the type of warranty it's got.) Q1. I've got the plastics thru the installer so no paper from the supplier on me. Isn't the installer whom I should make a claim against? Q2. Although it's got only 38mth warranty, the general life expectancy of such plastic is at least 10+ years. Is that unfair to get only few hundred dollars of DC? Q3. If there was no problem with the plastic, we wouldn't need to re-install it now. Do we need to pay the installer a installation fee for replacing them? Q4. I waited over a year - maybe I've waited for too long but I thought the installer should've repair them at no extra cost. Other installer does quote to us for almost double price if I ask others to replace it. Anyway, it's not the problem with the installation job however as we've got the plastics supplied from the installer. And because of the fault of plastics, I need to get a new plastics to be installed in just 2yrs. Q5. Is this case suitable to take to Dispute Tribunal? Or is that the commercial related case which should go to the court end? Thank you

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
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