06-23-2020, 09:50 AM
(This post was last modified: 06-23-2020, 09:59 AM by danbrotherston.)
(06-23-2020, 09:37 AM)KevinL Wrote: There has to be an in-service guarantee for a device like this - a failure to operate less than a year after installation, on so many units in an order, can't be pinned on the customer.
I'm sure there is, and I am sure that the contractor is in breach of contract for it, and I very much hope we are seeking damages, but that doesn't mean that the contract would include free units if they fail. We could seek free units as damages, but that would be at a minimum a negotiation. The contractor could choose to give us free units under the belief that doing so would mitigate our damages and thus weaken any legal claim we would have to damages.