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| Thread ID: 45839 | 2004-06-04 09:43:00 | OT : installation breakages. | beetle (243) | Press F1 |
| Post ID | Timestamp | Content | User | ||
| 241729 | 2004-06-05 01:47:00 | If they just glue it,wait a week,re-break it,then ring them and tell them the first people to use it hurt themselves and have named the Motel and the firm who caused the initial damage in a law suit....... | metla (154) | ||
| 241730 | 2004-06-05 01:50:00 | And futhermore,You did not pay for a broken unit,You have paid for a unit in brand new condition,Don't stand for a repair,although the re-framing option sounds like a half decent idea,with all the plumbing and insulation and electronics in a modern spa pool they are never the same again. | metla (154) | ||
| 241731 | 2004-06-05 02:07:00 | Get what you paid for Beetle - a new, undamaged spa of the kind as agreed on when you handed over the money. Let them take the damaged one away and flog it off to someone else to recoup their expenses if they must, but insist on getting what you paid for in the first place or a full refund. No second-best. ;-) |
Fire-and-Ice (3910) | ||
| 241732 | 2004-06-05 06:55:00 | Hi beet . If they want to fix it, take a discount on the price . If it's fibreglass or acylic it can be fixed seamlessly and be stronger than the original material . But, only go down this track if they get the right person with the right materials to fix it . If that person is any good they will also give you a guarantee as to colour match, colour fastness and durability to go along with the retailers guarantee/warrenty . You'll also need to ascertain whether the repair will be backed by the pool's manufacturer (ie, approved installer/repair agent) . It's not a particularly cheap option to have it repaired although, obviously cheaper for the supplier than replacement . Only accept if you can negotiate a discount and your completely comfortable with the idea . Cheers Murray P |
Murray P (44) | ||
| 241733 | 2004-06-05 09:49:00 | ok just to clear things up a little, it does not seem to have damaged the fibreglass just the wooden frame as far as we know at this point.... but looks can be decieving cant they? ?:| so may not be as major as first thought, but still not a good look. beetle |
beetle (243) | ||
| 241734 | 2004-06-05 10:15:00 | If the frame (cradle) is damaged I don't see any problem with them replacing that, unless the fibreglass has been moulded around it, it should be a simple job. Still try for a discount for the pain and suffering ;) Cheers Murray P |
Murray P (44) | ||
| 241735 | 2004-06-05 11:59:00 | > insurence won't payout on penalties. Just a few thoughts. Firstly I am sure you will get this problem sorted Beetle. If the spa itself isn't damaged then a repaired frame sounds reasonable. Not that I'm any expert. As to insurance, I have to agree with Jester. Third Party cover is cheap, seldom used, and humungously valuable when needed. The example of repairing a computer which then proceeds to burn a house down is excellent. The repairer does a $200 job, makes a small but critical error, and faces a $200,000 claim for the fire. We all make mistakes. As to the matter of penalties: the common law abhors penalties. As a rule, you cannot sue for a penalty. Penalty means punishment. Probably a Latin root, but I can't be bothered Googling. Anyway, one exception is Punitive Damages. This is a sum of money awarded to punish the wrongdoer. But it is rare. An example is a recent claim against a rapist by the victim. I'm not sure of the result. Murray is on to it. I can hear anyone who has read this far saying that the foregoing is ridiculous. Delays to projects often incurr penalties. Don't they? Yes but they aren't specifically penalties. Liquidated damages is the term and these sums are part of a contract and agreed at the very start. There isn't any punishment. Merely compensation for non-performance. So penalties cannot be sued for. Economic loss can be - and is. Cheers and goodnight Winston001 |
Winston001 (3612) | ||
| 241736 | 2004-06-05 13:57:00 | > hmm...i'll have to ask the oldboy how it works,but > penalties would be a waste of time if you could > insure against them. Only skim-read the post so far, but you can insure for public liability insurance. Lo. |
Lohsing (219) | ||
| 241737 | 2004-06-06 00:29:00 | Poor skimming there Lo,i was refering to Penalties for going over time. In the case of one site we are on at the moment its 10 thousand a day,and while as they say you can insure against anything,.........The entire point of penalties is to make sure the contractor does the job in the specified timeframe. |
metla (154) | ||
| 241738 | 2004-06-06 00:32:00 | >So penalties cannot be sued for. Economic loss can be - and is And,thats what retentions and time/progress payments are for,they don't sue,you just don't get paid,or they bill you and if you object you never get a contract again. |
metla (154) | ||
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