Consumer Law, Warranties Hammered Zinc Countertop

[William Miller]

Jurisdiction

California

I fabricated and install a hammered zinc counter top in October of 2010. Three months ago approximately, I was contacted by the client and was told that the adhesive used to glue the counter top to the the sub top was letting go. I met with the client and told them what I could do for a repair. Went and preformed a fix. Was told that it did not take. Met with them and was satisfied that the fix was good and that I would be back to repair the rest. They informed me that it was letting loose in a number of other areas, and they thought it should be replaced.
I told them that I could not do the replacement and that I would refund some of the money and they could find someone else to redo the counter top.
They said they would find someone else but that they expected a full refund.

My questions is "Am I responsible for a 100% refund or can it be a percentage of the total".

Time has transpired and they were happy until this point. The material I feel is trying to get back to it's natural state of being distressed not flat.

 

[adjusterjack]

What does your written warranty say?

 

[William Miller]

I fabricated and install a hammered zinc counter top in October of 2010. Three months ago approximately, I was contacted by the client and was told that the adhesive used to glue the counter top to the the sub top was letting go. I met with the client and told them what I could do for a repair. Went and preformed a fix. Was told that it did not take. Met with them and was satisfied that the fix was good and that I would be back to repair the rest. They informed me that it was letting loose in a number of other areas, and they thought it should be replaced.
I told them that I could not do the replacement and that I would refund some of the money and they could find someone else to redo the counter top.
They said they would find someone else but that they expected a full refund.

My questions is "Am I responsible for a 100% refund or can it be a percentage of the total".

Time has transpired and they were happy until this point. The material I feel is trying to get back to it's natural state of being distressed not flat.

 

[William Miller]

All of my warranty letters are for a one year period from the date of owners acceptance. These warranty letters were with contractors that I had been a sub on their projects.
I have never given or had to exercise a warranty complaint since we started business in 2004. It is not that I wouldn't give a warranty, it is just that I have never been asked for one by my home owner clients.
However I thought that I was attached to my work as a contractor for a period of ten years.

 

[adjusterjack]

You're kind of all over the place with that response. Perhaps my question wasn't clear so I'll rephrase.

This person, for whom you installed a hammered zinc counter top, did you give that person a written warranty?

Yes or no.

 

[William Miller]

No

 

[army judge]

The material I feel is trying to get back to it's natural state of being distressed not flat.

That is precisely the statement that will cause you to be required to compensate your former customer.

If you value your name and reputation in the business endeavor to do ALL that it takes to satisfy your customer.

If you don't, and the customer continues to be dissatisfied, eventually he or she will hir ea competitor to satisfy and calm their distress.

Once that occurs, expect a small claims lawsuit for the additional costs incurred by UNHAPPY CAMPER FAMILY.

You could prevail in court, but your stellar reputation will be sullied.

I suggest in the future, you establish terms and conditions of your work.

Performing any work these days without a written and signed contract is simply asking for these kinds of annoyances, complaints, and lawsuits to become ever more frequent.

A contract protects both parties.

Along with the contract, a clearly defined statement of work should also be used.

 

[adjusterjack]

No

Now you know why you should give written warranties. They may put you on the hook for repairs but they also limit your liability.

Had you given a written one, two, or even three year warranty you wouldn't be in this fix now.

I suggest you do what it takes to fix it and give a written warranty for the current work, say 6 months, and be done with it.

As for a full refund, I suggest you don't do that unless you take the counter top with you.

I also suggest you start checking out other suppliers of hammered zinc countertops. The first one I found on the internet only gives a one year warranty.