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I am an Audio Visual Integrator, I have submitted a £12,000…

I am an Audio Visual...
I am an Audio Visual Integrator, I have submitted a £12,000 projector that belongs to one of my clients for warranty repair that has developed a fault, but there is a dispute between the manufacturer and myself over a 'loan projector' we still have. They are demanding I pay the manufacturer the cost of the loan projector before they repair the faulty projector. Bearing in mind the projector belongs to my client the Question is are they entitled to withold a 3rd party's assett over a dispute, and, should I insist they repair this under warranty and leave the dispute between them and myselof as a seperate issue.

Thank you
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Answered in 3 minutes by:
7/2/2012
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,266
Experience: Over 5 years in practice.
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Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

Whats the manufacture costs? Why are you liable?
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Customer reply replied 5 years ago

Hi,


 


the manufacturer is called Projection Design, they are accusing me of holding onto a projector they loaned the (same) client a year ago. I was under the impression they are to collect this and they emailed me in January and December 'asking me' if I would like to keep or hire this projector as it needs to be returned - I did not reply (my fault) as I thought they were going to have this projector collected. when the projector went faulty we used this as a loan to the client which upset them. In their email on Friday they stated they want £50 per day from last July for the hire and they want payment before they repair the projector.


 


Thank you.

OK.

Can we just look at your relationship with them so that I understand.

I presume that you are their client? And you give them work arising from deals you have with your clients?
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Customer reply replied 5 years ago

FOR JOMO1972 Yes I am their client, I am the Audio Visual installer who bought the projector from Projection Design, installed it at my clients offices, they are called CBRE. CBRE owns this projector as I resold it to them. Projection Desing now have the projector to repair under warranty but they are not doing anything until the issue regarding the loan projector is paid for. All I need to know is are they entitled to withold someone else's projector.


 


Thank You.

Proceeding on the basis that you are their client and this item has been submitted in your name then they are free to hold a lien over it until your outstanding dispute is resolved.

If the owner went to court then they would have to give it back but then all liens can be challenged and resolved by going to court anyway. There is no magic in this being a third party asset necessarily if it was handed to them by you under a contract with you.

In fairness, it would be different if the asset in question had been submitted by one of your clients independent possibly under a referral from you. Then it would be a completely separate contract and they couldn't cross reference in that way.

If there is no merit to the dispute though, you can always pay and then sue for the cost. It would be a lot cheaper than seeking mandatory injunction orders.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Please rate my answer with OK SERVICE or more and then I will continue for free.
Jo C.
Jo C., Barrister
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