Thursday, February 18, 2010

Subcontractor supplied paint, was defective and stated it had10 yrs guarantee, what are my legal obligations?

Down to the Sub Contractor to rectify -








ADDED - OK to clear this up - you hired a subcontractor to do a job - they/he bought the paint so the Contract Of Sale is with them and their supplier - covered by Sale Of Goods Act and is not of merchantable quality, i.e. does not do the job it is intended to do.





The purchase of the paint is between the Buyer %26amp; Seller - it is down to the sub contractor to rectify in liaison with the supplier.





HOWEVER - have you considered that the paint may not be at fault - it may have been the application by the sub contractor - in any case - it is down to them to rectify.Subcontractor supplied paint, was defective and stated it had10 yrs guarantee, what are my legal obligations?
Ask him to show a printed copy of the warranty statementSubcontractor supplied paint, was defective and stated it had10 yrs guarantee, what are my legal obligations?
Well if you where the one painting, then your obligation is to make right what ever defect is apparent... ie: repaint if you where the person who was having the painting done. you need to discuss with this contractor that he needs to redo the job to your satisfaction. so many ppl do not realize that when they hire someone and they do a sub par job that they have the right to question it and demand it being done right.
you need to take that up with the state you live in, all states are different (as are cities and counties.)
Is the guarantee in writing? then you have a chance
Look on the side of the tin and you should find a help line number. Call it an tell them the problem. They will if they are a reputable company, replace the paint for you. If work has been done using the defective paint they will also reimburse you for the hours lost by having to re paint.


I had a problem with ICI paint Dulux and they paid me back 拢450 within 2 days of receiving my invoice.
You need to ask him to come back and rectify this a.s.a.p.


If this is in writing then he will have to attend if it is not then he may just ignore you. If he only did part of the whole job can you get in touch with the contractor who employed him.


Could you also get in touch with the paint manufacturer and explain your problem. This may be a faulty batch and they might renew same.


Phone your local Health and Safety executive and ask if this paint is safe..i.e. lead content and then report this back to the sub-contractor. Unless you have a written contract with this person then your chances will be slim. Best to approach them on a good will basis and see what they say. Good luck.
The guarantee has nothing to do with you ; only with the person who purchased the paint unless he has also given his own guarantee to you. He supplied materials which were defective, it is for him to rectify that in full. You did not,after all, buy paint from him but a painted wall or house, and that is what you should end up with for the agreed price. If he has a guarantee on the paint then good, he has a claim against the supplier and could even claim for the loss of income because of having to redo the job, but your contract was with him and only with him.

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