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Warranty Obligation After Sued Customer for Non-Payment

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  • Warranty Obligation After Sued Customer for Non-Payment

    Quick question. I'll keep facts as few and as short as possible:

    I build customer new engine. He takes car and fails to pay. Lots of stories and lies. Finally i sue him.

    He admits full amount claimed and makes offer of instalments. I've disputed amount offered as i've evidence he lied on the admission form. Currently waiting for court to decide.

    My question - am i still obliged under usual statutory warranty even though i've not seen him since the day he drove away and i've yet to receive a penny?

    I'm not expecting any issues with the job or expecting to see him again, but it would be good to know where i stand.

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  • #2
    My understanding that for a valid contract both parties must meet their obligations. He has obviously not honoured his part of the agreement.
    Therefore I think it at least arguable that you do not have to fulfil any warranty. Basically he's not paid so no benefit.


    • #3
      Surely there must be a valid contract otherwise the OP would have nothing to claim against? The OP can't very well claim the contract price if there is no contract.

      The purchaser is in breach of contract because they haven't paid. I suspect that any rights as a consumer are still present, but if they haven't paid the OP I'd expect the OP to set any consumer claims off against the money he is still owed.


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