We are a company based in the Eastern Cape and we sold a boat to a client who took it to Mauritius. The boat comprised of a boat, 2 x motors, trailer. Subsequently there is a defect on the boat itself & the client has now summonsed us to pay him all his money back before he will return the boat whereafter we have to claim "product defect" from the boat manufacturer. The lawers who issued the summons are now demanding a R5000 fee for their services and they refuse to give me an invoice as we are not their clien. Is this legal?
Province: Eastern Cape
Tried using our insurance to claim for defective product, but as we only rendered a service we can only claim from the manufacturer once the boat gets here and we are losing a lot of money as we have to pay all the transport costs from Mauritius. No go from anything we just has to re-imburse him
Dear clientThank you for using just answerThe answer is not going to make you happy.It has to with the definition of services rendered.I am afraid the services was not rendered to you. It is seen as damages and their for you do not receive a invoice in terms of vat act. I trust this answers your question.
BProc, LLB and MBA
If the fault was a manufacturer fault and we as the supplier are now having to pay the customer a full refund plust transport costs - how do we recover this from the manufacturer? they have already said they will refund us what we paid for the boat, but that still leaves a huge deficit and it wasnt our fault
Then the transport cost must come from the manufacture and they will have to refund.
The only way is to read the warranty other wise then sue them on the basis of the contract you have with the manufacture. it start by you knowing you rights in the warranty.
You have a case to go the damages route if the boats was because of manufacturing defective. So your claim is based on contract or/and dilect claim.
Trust the answer was helpfull
Alright - I will review the warranty once they have sent it to me. Once the boat arrives back in SA what will happen regarding customs duty?
I do not have the expertise to answer that question.
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