Product Liability And Responsibility

Summary

Your liability may depend on your terms and conditions, especially regarding inspection and reporting timelines. If your client failed to inspect the product and report issues within the agreed period, they might bear responsibility. The clause a.3 in your terms indicates that the buyer is responsible for inspecting and reporting defects within 8 days. If they didnt, they might be liable for subsequent issues, including those faced by a third party. Consulting a legal professional for further interpretation is advisable.

Full Conversation

I sold a product to a client. There was a part incorrect by error. They never checked the products when they received it and reported within 8 days as per my terms and conditions. They then sold the unchecked product to a third party who used it and it had problems. Am I responsible for their clients issues, or them?
Hey ****! Based on your situation, here are some general points to consider:
- Your liability may depend on your terms and conditions, especially regarding inspection and reporting timelines.
- If your client failed to inspect the product and report issues within the agreed period, they might bear responsibility.
- The third party's use could complicate liability further.
Have you consulted your terms and conditions for any clauses on third-party sales or usage?
No
Hey ****! It's crucial to review your terms and conditions thoroughly, as they might include clauses about third-party sales or usage. If they're unclear, you might consider consulting a legal professional to interpret them. Would you like assistance in understanding specific clauses?
Yes
Case Rating: *
Hey ****! To assist you further, it's important to identify any clauses related to liability and third-party sales in your terms and conditions. Could you share a specific clause or describe the terms related to this issue?
a.*. "The Buyer shall inspect all goods upon receipt and shall notify the Seller in writing of any defects, discrepancies, or non-conformities within eight (*) days of delivery. Failure to provide such notice within the specified period shall constitute acceptance of the goods as delivered. The Seller shall not be liable under any circumstances for any labour costs, installation or removal expenses, or other consequential or incidental charges incurred by the Buyer or any third party arising from any defect, error, or non-conformity in the goods supplied. It is the sole responsibility of the Buyer to inspect and verify all goods prior to installation, modification, or onward sale."
Case Rating: *
Hey ****! Based on clause a.*, it seems clear that the responsibility to inspect and report defects falls on the buyer. If the buyer didn't report issues within the *-day window, they might be responsible for any subsequent problems, including those faced by the third party. It might be helpful to get a legal professional's opinion on the interpretation of this clause. Would you like further guidance on this matter?
Yes
Case Rating: *
Hey ****! Based on the information you've provided and the clause in your terms, it seems your client could be responsible for the issues that arose after the third party's use of the product. However, a legal professional's opinion may be beneficial to confirm this interpretation and address any potential complications. If you have more questions or need further assistance, feel free to ask!