My obligation to honor warranty!

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aelectricalman

aelectricalman

Senior Member
Location
KY
Do I have the obligation to honor a warranty if the customer has defaulted on her payment obligations. It has been 6 months and she still owes me $300 of the $2000 bill. I have sent her numerous bills and collection letters and she has not responded until the last day before I threatens collections. Even when she called she still did not put forth a payment plan but rather, told me she would take care of it in the near future. She stated when she called that there were problems with a fan light kit which have come about in the last few days and that she needed me back over to fix them. I understand you probably are not lawyers but has anyone ever ran across this? Am I obligated to honor her warranty?

[ February 13, 2005, 08:55 PM: Message edited by: aelectricalman ]
 
Re: My obligation to honor warranty!

That was one of the things I threatened her with, and I don't want to spend $200 dollars to attemp to collect only $300 if I can avoid it. Even If I put the lein on her home, am I obligated to fix it until I've received money.

Thanks
 
Re: My obligation to honor warranty!

I think I am in the minority but I think you should honor the warranty. Use whatever legal means you need to recover the debt but don't let it be said that you didn't honor your word (warranty). :D
 
Re: My obligation to honor warranty!

This is why we do business as

1/2 down before work begins
1/2 when complete and complete walk thru.

Before we leave, we have our money and the customer has a quality job at a fair price that they agreed upon before we started- in writing.
 
Re: My obligation to honor warranty!

so what happens when you do the final walk thru and they say they do not have all the money?

I agre that you should honor the repair. take her to small claims court, charge her compounded interest.

paul
 
Re: My obligation to honor warranty!

You must honor warranty in most states or your license could be at stake.Interest on outstanding balance should be a part of your contract along with lawyers fees if needed to collect.You might be able to stall the repair untill they have paid the past due amount.Be carefull.
 
Re: My obligation to honor warranty!

I would talk to a lawyer and see what the lagalities are. Other tahn that I'd go with the lein on the house. Spitefull? Sure. But you did the work and she didn't pay you. That to me is worse.
 
Re: My obligation to honor warranty!

Here's your real dilemma...Don't fix the fan and she bad mouths your company--YOUR NAME!

Go out fix the fan and hand her the invoice and stand there until she writes a check! Include your interest charges! She's been using your money for 6 months!! If she doesn't say, "I'm sorry it has come to this, I will be forwarding your invoice to collections. Good-bye."
FOLLOW THROUGH!
We use small claims. You don't need an attorney because dollar limit is $5000. We have received judgement in all but one case. Long story! Judgement stays on their credit report for 10 years. The judgement is in effect for 10 years. We are also allowed, by law, to collect interest at a rate of 12% per year.
Good luck and let us know how it turns out.
 
Re: My obligation to honor warranty!

What about telling her you will come check it out and you will expect payment due when you get there. No money no fixey! As for involving a lawyer, that might be enough to get her going.
 
Re: My obligation to honor warranty!

I have contacted a lawyer already. He suggested that I go over to fix the problem, but before I fix the problem, collect the money. Also, if at that point no money is transfered, fix the problem anyhow (so nothing bad happens), immediately leave and file a Mechanics lien on her home. If she is not a homeowner, take her to small claims. Small claims in KY is good for up to $1500.00 and is without a lawyer. Thank you all for your help.
 
Re: My obligation to honor warranty!

Another thing to consider. Dont know what the problem with the fan is but if it were to cause a fire, you could have big trouble. The homeowner can rightfully claim that you the contractor were informed that there was a problem but refused to respond. I say go fix it, then take legal action to collect. JMO
 
Re: My obligation to honor warranty!

I just spoke with her again today and before she afforded me the chance to fix it, she had another electrician check out her wiring. Boy did she goof by telling me this. I have a clause that states clearly, "This voids your warranty". Don't get me wrong, I don't make this a habit of voiding warranties, but it has been 6 months and she has made no effort to pay. She called me 5 days ago in response to a deadline I stated in the letter The day she called was the final day of the deadline. I gave her 3 weeks. The deadline was a "Pay by" deadline. She did not pay me, therefore she is in default and out of my good graces. If she is not going to pay, I feel like I need to take care of this in a way so that she will see "I MEAN BUSINESS". I will take her to a collection agengy, I will put a lein on her home and I will not honor her warranty (because of the other electrician). This is what I told her on the phone today. Her last statement was, "I will never do business with you again, and your check is in the mail." :D My last statement was, " I sent you a 30 day a 60 day and a 90 day bill. I sent you a "Did you forget something" letter. Also, I sent a collections letter. When it is all said and done, and you slander my name, don't forget, you did not pay your bills in a timely manner. This is why we are having this conversation today. I have always liked you, and I am sorry it had to come to this. In the future, have your finances in order before you make a big decision such as hire a professional to do work for you.

P.S. Im not a spiteful person but this lights a flame under my tailend.
 
Re: My obligation to honor warranty!

I think you made a mistake.If she sends the check and it clears then she could bill you for the repair from another electrician.She was entitled to a complete job.Judge Judy would likely make you pay.Also in some states the time elapse of 6 month might make it hard to place lean.
 
Re: My obligation to honor warranty!

I think you made a mistake.
Click to expand...
Are you for real? HE made a mistake? Give me a break. The guy does work for some deadbeat and now she's the "victim"? Pulease. She got a complete job and she didn't pay. The fact that there was a problem six months later is irrelevant. It could have been a bad fan for all we know. Good work a-man! Cash that check asap.

[ February 15, 2005, 09:30 AM: Message edited by: electricmanscott ]
 
Re: My obligation to honor warranty!

Is his job warranted for a year or not ? If so and she pays up,then there is an issue that he can't walk from.If he refuses to do the warranty after being payed then she has the right to hire someone else.Personally i would only fix anything defective from me and if it is not covered bill her for the trip but refuse the additional work.As to her saying she would not hire him again i would have told her i would not accept a dead beat customer.
 
Re: My obligation to honor warranty!

Actually Jim, there is an important part you missed from earlier posts. My warranty statement says that if anyone other than (my company) performs or reperforms work on the above stated work, all warranties are rendered null. When she called me to tell me there was a problem, she told me that she had another company take a look at it and they coulnt fix it. I know this is true because she had another company that she used and had a credit with,take alook at it. She used them until credit was zeroed out. This woids my warranty if someone else worked on my job. But i see what you mean otherwise.
 
Re: My obligation to honor warranty!

Originally posted by aelectricalman:
My warranty statement says that if anyone other than (my company) performs or reperforms work on the above stated work, all warranties are rendered null. When she called me to tell me there was a problem, she told me that she had another company take a look at it and they coulnt fix it. I know this is true because she had another company that she used and had a credit with,take alook at it. She used them until credit was zeroed out. This woids my warranty if someone else worked on my job. But i see what you mean otherwise.
Click to expand...
Obviously laws vary from place to place.

Where I live we must warranty one year and we can not bail out on that warranty just because someone else 'looks' at the panel.

We never have to fix someone else's work but if the customer has another company add a circuit to a panel we still have to warranty that panel.
 
Re: My obligation to honor warranty!

I do have kin foke in KY,want her roughed up a bit LOL.Seriously after she has paid ,i think you must warranty what was covered.As to your clause i would run it thru your lawyer.I think it would be worth an hour to be sure your not at fault.If you are then fix,if not tell her the problem is not yours and walk away and forget her.I would not repair anything not covered even if simple.Tell her you do not need non paying customers.It might be wise to take a cam with you.There is also at least in FL a set lenght of time that if it exspires you can't put a lien on the house.Your showing up and even opening up a cover re news your job.I do understand your anger with her.
 
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