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N.M.I.A.L.
2019-11-14 15:27:49
Warranty & Discontinuation of Product
Hi everybody,
Now we have a situation here in terms of warranty and product discontinuation :
A large facility was being constructed which required ~1500 architecturally exposed fixtures of a particular style/model. A Purchase Order was drawn up with terms of Warranty of 10 years. This was in 2014.
Cut to 2019, replacement of 9 fixtures are required (5# attributable under warranty provisions + 4# misused by the Purchaser) and it is now learnt that the fixtures itself is discontinued from the product line since 2017.
It is not possible to install 9 fixtures of a different model / look as these are architecturally exposed fixtures / products.
The Supplier has politely declined to answer the conflict of giving a 10 year warranty ending 2024 and discontinuing the product in 2017.
Q1: Advise on possible ways such a situation has been contractually dealt with.
Q2: How can one estimate the damages towards default by the Supplier in committing to its obligations under the Warranty Period, since the product has been discontinued?
Thanks in Advance
Now we have a situation here in terms of warranty and product discontinuation :
A large facility was being constructed which required ~1500 architecturally exposed fixtures of a particular style/model. A Purchase Order was drawn up with terms of Warranty of 10 years. This was in 2014.
Cut to 2019, replacement of 9 fixtures are required (5# attributable under warranty provisions + 4# misused by the Purchaser) and it is now learnt that the fixtures itself is discontinued from the product line since 2017.
It is not possible to install 9 fixtures of a different model / look as these are architecturally exposed fixtures / products.
The Supplier has politely declined to answer the conflict of giving a 10 year warranty ending 2024 and discontinuing the product in 2017.
Q1: Advise on possible ways such a situation has been contractually dealt with.
Q2: How can one estimate the damages towards default by the Supplier in committing to its obligations under the Warranty Period, since the product has been discontinued?
Thanks in Advance
