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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1509
Experience:  BCom; LLB; Masters in Law
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Does the client breaching the payment plan have any bearing

Customer Question

does the client breaching the payment plan have any bearing on the loss of the sub as he was five months late in paying and subsequently I have had to store the vehicle at my own cost as well
Submitted: 4 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 4 months ago.

Hi there,

Please can you finish with your first question (i.e. rate the answer) before you start with the next one. Once you've rated the first question, I can assist further with this question.

Thanks!

Expert:  CaseLaw replied 4 months ago.

In my opinion then, the engineering works company won't be liable because of what they've got written on their invoice. So the only dispute is whether you're liable or not.

In my opinion the client can't expect you to pay the engineering works company out of your own pocket for the sub to ensure that it is not sold, if the client has not paid you!So, it would be the client's fault that the sub has been sold to defray expenses, simply because the client did not stick to the agreement. The engineering works company is not involved in the fight at all.Also, if you had to store the client's vehicle for these 5 months, you are legally entitled to charge the client a storage fee! Imagine if that is R100 per day. 5 months storage is then R15,000. Perhaps you could come to an agreement with the client that you will let him off the hook for the storage charges, but then he must buy his own sub!
Expert:  CaseLaw replied 4 months ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw