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Streetwise Answers

We recently undertook an air-conditioning installation for XXX, on a Primark.  During the commissioning stage of the project, when our equipment was powered up, we noted the 2 of the PCB's within the units we installed had been damaged.  
We informed XXX, and they gave us a written instruction to proceed with the rectification works, however looking back the email was quite brief - cost to be agreed etc
We undertook the rectification works, at a cost of £4k, added the variation to our invoice and issued it to XXX.
We then issued photos of the damage to the manufacturer of the equipment who confirmed that the damage was caused by an electrical connection fault - We did not undertake any electrical connections.  We passed this on XXX to prove that their appointed electrical contractor had damaged the A/C units.
Over the last 2 months, we have exchanged a number of emails with XXX, detailing our argument and evidence, and today they have written back to us confirming that the feel the blame lies with the equipment manufacturer and we should look to the equipment manufacturer to claim our monies back....  
This equipment manufacturer is Mitsubishi Electric, a multi billion pound world wide organisation, who don't send faulty equipment out of their factories.
Can you advise me on any next steps we can take to claim the monies owed to us?
Mark Fairhurst

Hi Mark

Firstly, I would agree that the likelihood of the units having been supplied defective is almost nil. However, do you have any test documentation or quality control documentation, or any other evidence that confirms that the equipment was in full working order when installed?

If you do then that is very useful evidence to prove that they were damaged post installation.

Secondly, do you know what XXX's motivation is for seeking to not pass these costs on to their appointed electrical contractor? Indeed is there any evidence that they have even sought to do so?

If you can show that they have an ulteria motive for not doing so, then that is again useful evidence to have.

As regards the solution, then it seems to me that it is time to escalate the matter and demonstrate to XXX that you arserious about recovering your £4k. However, as the work has been carried out as a variation to a much larger contract, then I would need to see the terms of the contract before I can advise you further.

Please feel free to give me a call on 01773 712116 for some initial free advice.

Best regards




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