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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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