Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My husband is a self employed handy man. He bought a shower tray from a company for one of his customers but when he came to install it he found it had a dent in it. The company won’t refund him the money because they say it was checked before he had it and it was perfectly OK and that he should have checked it on delivery. They also say that the customer must have damaged it. My husband says that it would have been impossible for anyone to check it thoroughly as it was sealed up with plastic. Its #160 that he stands to lose which is alot when you’re self employed. What can he do?”We note that you are not in the United States, as you are talking about a loss of pounds, rather than dollars. Of course, we cannot begin to guess on the status of the law which would cover this transaction in another country.
Question: However, practically speaking, your husband may wish to a) ask the customer if they are willing to accept the dented tray at a reduced price (so that he is not out quite so much money), b) try again to appeal to the store – if he gives them a lot of business they may not wish to lose that business, c) contact the *manufacturer* of the shower tray, and explain his situation, and/or d) purchase another shower tray – from another distributor – for his customer, and then try to *sell* the damaged shower tray online to try to recoup some of his losses.
