I have contracted a building co to build a farm shed. They have built it under warranty. Western Bay of Plenty. The

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Customer: I have contracted a building co to build a farm shed.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: They have built it under warranty
JA: Where is the farm located?
Customer: Western Bay of Plenty
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The product they used to internally line the roof has broken down. They say its not their product so we need to deal with that manufacturer not them
Answered by Chris The Lawyer in 16 hours 12 months ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellingtonwith more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

If the builder supplied the material they are liable if the product failed. It may be the manufacture also at fault and if they will not replace the product you can sue both

Customer
Thanks for that Chris - They have offered a part payment to assist replacement but I feel they should pay the total amount. I include their email reply. Hello James,Thank you for your email. As I think I may have explained to you in our initial conversation, the warranty basis relating to products manufactured by third parties and on which we priced this shed, and which you accepted on 30/10/16, is covered by the following clause in the ‘General Terms and Conditions of Trade’ which formed part of the contract:For any Goods not manufactured by the Seller, the sole warranty shall be the current warranty (if any) provided by the original manufacturer of the Goods. The Seller shall not be bound by, or responsible for any term, condition, representation or warranty given by the original manufacturer of the Goods.This is a very similar situation to steel roofing for example, for which NZ Steel provides a warranty. If the steel fails, NZ steel are responsible to fix it; not the builder, who had no control over its formulation or manufacture.I trust this clarifies the situation for you.Best Regards, ***** *****
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Chris The Lawyer, Expert

I agree they should pay the full amount. It is an implied  part of the contract that any material they use are fit for purpose and therefore since this product failed, they must stand behind it

Customer
From this my next step is the Small Claims Court. Can you give me a legal reference I can look up to base my argument on please
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Chris The Lawyer, Expert

It is based on contract law and interpreting the contract

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