Legal Issue

Discussion in 'Beginner Discussions' started by Xereo, 2 Mar 2011.

  1. Xereo

    Xereo

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    Need info.


    Can i refuse to pay for an item that caused me 10k in water damage.
    Due to Lack of good workmanship from the Company that supplied it to me.

    And can i sue the company?

    Or what ways can i go about it?

    Ps. ive only had it for half a day
     
    Last edited: 2 Mar 2011
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  3. archiecrain

    archiecrain

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    Who installed the item? Was it setup correctly?
     
  4. maj

    maj

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    ur tank crack/leak?
    who built it for you and was it stated on your home insurance
     
  5. Xereo

    Xereo Thread Starter

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    The tank split open on the side within half an hour of filling it up.
    200l on my floor. taking out computer equipment. and other electrical devices.
    and the Shop build the tank for me.
     
  6. regis

    regis

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    Was the tank level?
     
  7. Xereo

    Xereo Thread Starter

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    and I dont have home insurance. as i rent.
    I dont want this comopany to get away scott free.
    I want justice
     
  8. Xereo

    Xereo Thread Starter

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    Tank was on Foam. 100% level. just like the 3 other larger tanks that are around it.
    it took the place of another tank i got rid of.
     
  9. regis

    regis

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    I think it is going to be tricky, they can always say you should have done a leak test first outside.
     
  10. Xereo

    Xereo Thread Starter

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    The Tank Obvously wasnt tested before it was sold to me,
    and i can now see after looking close at it.
    Talk about skimp on silicone.

    well im going there now to see what they say.
    and how they going to sort my problem out
     
  11. Xereo

    Xereo Thread Starter

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    There is no legal document or any document or even by word of mouth that said i must leak test it first. They have no leg to stand on there.

    NO warning was given that the tank had not been tested first.
     
  12. regis

    regis

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    Were in cape town is it, a friend of mine also had a tank made and it leaked
     
  13. Xereo

    Xereo Thread Starter

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    When you can sue

    If you buy something which is not of satisfactory quality or not as described, or not fit for the purpose you bought it for then you can sue the seller for breach of contract.
    If the seller told you something about the goods and you believed the seller and decided to buy the goods, you can sue the seller if what he or she has told you later turns out to be untrue. This is called "misrepresentation".
    This includes any public statements on the specific characteristics of the goods which has been made by the seller, manufacturer or their representative, particularly in advertising or labelling.
     
  14. Xereo

    Xereo Thread Starter

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    Bergvliet.... We will see how it goes.
    But i can see it now they are going to take me for a ride.
     
  15. regis

    regis

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    Good luck
     
  16. Tremayn

    Tremayn

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    may the force be with u
     
  17. Atilla

    Atilla Sponsor

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    If you can proof everything, there can be a case
     
  18. Nemos Janitor

    Nemos Janitor

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    Just a little 2c before you go storming into the shop.

    1) be calm and explain what happened.
    2) Ask what they plan to do to rectify the issue.
    3) discuss a settlement.

    I am sure you will find that the company will be more than willing to reasonably rectify the issues. Most companies have insurance for mishaps like this and you might find that they will put you on to their insurance company for a claim.

    Some things to be aware of.

    Most products are guaranteed by the manufacturer for fault in manufacture. Claims are limited to the product and exclude any resulting damage.

    They may argue that you put the aquarium in a high risk area with computerised equipment etc. There are many scenarios to consider.

    So go and talk nicely to them, do not get mad or shout, discuss a resolve and should it not be satisfactory tell them so and pursue the matter with your lawyer.

    This forum is made up of aquariusts and legal advice you seek out here, is like asking your dentist.

    Hope a resolve can be worked out.
     
    Monde likes this.
  19. LuckyFish

    LuckyFish MASA Contributor

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    Must be the very same shop. I bought three standard 4 ft there and two were leaking. One was leaking after I had 5 cm water in it. The other one started after 20cm of water. They glue the tanks not in one go. The first application of silicone is just to keep the panes together and the second will make the tank look like as it was glued properly. Sometimes they forget to give it the final application or forget on side to do it. That is what happened to you. And it's a sponsor. Sponsorship on masa doesn't mean quality!
    And they still glue the sides onto the base which is totally wrong as well.
     
    Last edited: 2 Mar 2011
  20. carlosdeandrade

    carlosdeandrade

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    EISH, EINA, OUCH!! SO SORRY MAN!!! I hope you it goes better from here.....KNOW HOW YOU FEEL!!!!:y1:
     
  21. IMarine

    IMarine

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    hi

    hey bra you thinking of the same 1 i am,its so sad that they get away with it all the time,if it is the same company i am thinking about pm me i will try to sort out and if you want i will build a tank for you at my cost yes total cost
     
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