Am I liable for repairs if a customer did not give me the opportunity to correct a problem before going to another shop?

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Am I liable for repairs if a customer did not give me the opportunity to correct a problem before going to another shop?

We have a heavy equipment repair business. A customer left with his dozer, after repair. The dozer was tested for 1.5 hours before it left our shop. Upon follow communication with customer, we find out that he is experiencing a problem with the dozer. The customer sent message stating,

Asked on June 20, 2017 under Business Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless there is a warranty agreement (or warrant terms as part of another agreement or contract) signed by the customer requiring him to bring the machinery back to your for repairs and/or to otherwise give you a chance to repair the equipment, the customer is not required to bring it back to you. Rather, he can have it repaired elsewhere and charge you for the repairs, if you caused the condition or failed to correct it. (I.e. you are not liable if this is a brand-new problem which came up after he picked up the machinery.) Review the terms of the warranty and/or your service agreement/contract with the customer to see what your rights and obligations are.


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