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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14210
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We red a excavator off a re company last year amounts of

Customer Question

hi we hired a excavator off a hire company last year for hideous amounts of money per month(to which we are still disputing the bill), but when we hired it, it was hired to us with a ROPS Cab, which we needed to be working on the steep side of the hill. throughout the job hubby had wondered why we were get dust inside the cab with the window shut etc ( which should not happen with a ROPS cab), towards the end of the job he noticed a bend in the structal membrane of the ROPS cab, we rang the hire company and they were aware of this, but a ROPS cab has to be certified, so we have been asking them to show us proof that the diggers ROPS cab was certified at the time we had it, (as we could not find a certification sticker or plate).and the jobs we were on stated we needed a ROPS Cab, but they refuse, and are saying it did not effect the integrity of the machine, and we still owe them money, if we were to take this to court would we have a leg to stand on? as our augment is if it was not certified we were working on the site illegally, and they could not of charged that amount of money for the digger and advertise it as a digger with a ROPS cab.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

If you hired this with a contract requiring that there was a certification that it was a ROPS machine, then if the machine did not have such a certificate, that is a breach of the contract. Any claim for a breach of contract must then show that the breach of the contract caused the loss. You must therefore show that the failure to have the certificate caused a loss in some way, if you want to use this as a defence to their claims. You can still contest their charges as being greater than you were promised as part of your defence.

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