Bit Of A Random Q
Discussion
Company A manufactures & sells Company B a product.
Company B sells product to Company C
Company C sells product to end user D.
Person D has no claim over Company A do they? Or any right to insist that Company A provide them with technical information about the product sold to Company B ?
Company B sells product to Company C
Company C sells product to end user D.
Person D has no claim over Company A do they? Or any right to insist that Company A provide them with technical information about the product sold to Company B ?
Pretty hard to give any answer that covers all cases.
But there will be many reasons that company A has obligations to the eventual customer. One example is where there is a software licence between A and D.
Perhaps there is specific legislation around the product or general duty of care that creates obligations. Perhaps in the case of drugs (not the recreational kind).
You'll have to be more specific.
But there will be many reasons that company A has obligations to the eventual customer. One example is where there is a software licence between A and D.
Perhaps there is specific legislation around the product or general duty of care that creates obligations. Perhaps in the case of drugs (not the recreational kind).
You'll have to be more specific.
BertBert said:
Pretty hard to give any answer that covers all cases.
But there will be many reasons that company A has obligations to the eventual customer. One example is where there is a software licence between A and D.
Perhaps there is specific legislation around the product or general duty of care that creates obligations. Perhaps in the case of drugs (not the recreational kind).
You'll have to be more specific.
NO its a product, windows to be exact, the things you look out of as opposed to swear at. But there will be many reasons that company A has obligations to the eventual customer. One example is where there is a software licence between A and D.
Perhaps there is specific legislation around the product or general duty of care that creates obligations. Perhaps in the case of drugs (not the recreational kind).
You'll have to be more specific.
.We made them, supplied to our customer "B" who is a "trade counter" he then sold them on to his customer "C" who supply & fitted them to customer D.
According to my customer "D" is a customer from hell, who owes "C" a significant amount of money. Customer "D" is now demanding that we supply him with details of the glazing specification as one is broken and he wants a replacement.
As far as I am concerned we have no obligation to give him this information. We dont do we ?
nikaiyo2 said:
BertBert said:
Pretty hard to give any answer that covers all cases.
But there will be many reasons that company A has obligations to the eventual customer. One example is where there is a software licence between A and D.
Perhaps there is specific legislation around the product or general duty of care that creates obligations. Perhaps in the case of drugs (not the recreational kind).
You'll have to be more specific.
NO its a product, windows to be exact, the things you look out of as opposed to swear at. But there will be many reasons that company A has obligations to the eventual customer. One example is where there is a software licence between A and D.
Perhaps there is specific legislation around the product or general duty of care that creates obligations. Perhaps in the case of drugs (not the recreational kind).
You'll have to be more specific.
.We made them, supplied to our customer "B" who is a "trade counter" he then sold them on to his customer "C" who supply & fitted them to customer D.
According to my customer "D" is a customer from hell, who owes "C" a significant amount of money. Customer "D" is now demanding that we supply him with details of the glazing specification as one is broken and he wants a replacement.
As far as I am concerned we have no obligation to give him this information. We dont do we ?
If it's a generic question about your product then it's up to you if you want to help them.
andburg said:
forgive the obvious question....
can you actually provide the information "D" is asking for, if so what are you losing out on by providing it?
just wondering what you would hope to achieve by not providing the info
I could and to be honest I would have no problem doing this, if he did not owe my customers customer money and is being described as a customer from hell. I have an ongoing relationship with "B" and via extension "C," "D" is a one off. can you actually provide the information "D" is asking for, if so what are you losing out on by providing it?
just wondering what you would hope to achieve by not providing the info
Customer D intimated via email that I was obligated to tell him.
Surely D does what anyone else with any sense does? Takes out the glass that is broken, and takes it to a glazier to get it fixed.
If it’s the frame that’s broken surely he instigates a claim against the supplier, who will of course say yes when you pay me.
There are multiple threads on here where a PHer has brought a product that becomes faulty and they want the manufacturer to fix it, but they say it’s up to the retailer, surely this is no different?
If it’s the frame that’s broken surely he instigates a claim against the supplier, who will of course say yes when you pay me.
There are multiple threads on here where a PHer has brought a product that becomes faulty and they want the manufacturer to fix it, but they say it’s up to the retailer, surely this is no different?
Chrisgr31 said:
Surely D does what anyone else with any sense does? Takes out the glass that is broken, and takes it to a glazier to get it fixed.
If it’s the frame that’s broken surely he instigates a claim against the supplier, who will of course say yes when you pay me.
There are multiple threads on here where a PHer has brought a product that becomes faulty and they want the manufacturer to fix it, but they say it’s up to the retailer, surely this is no different?
It's exactly the same. The contract is with the seller, right down the chain. Warranties, returns, specifications, rights etc change with each contract.If it’s the frame that’s broken surely he instigates a claim against the supplier, who will of course say yes when you pay me.
There are multiple threads on here where a PHer has brought a product that becomes faulty and they want the manufacturer to fix it, but they say it’s up to the retailer, surely this is no different?
The OP in this instance probably buys the extrusions and glass in from other manufacturers. So isn't even the starting point in the chain.
In the abstract: It is perfectly possible for a manufacturer of a product to be liable to the end user even if there was no contract between them - this goes right back to the case that founded the modern law of negligence - Donoghue v Stevenson (or 'the snail in the bottle case'). Consumer legislation is such that it's usually going to be easier for the consumer to go after the retailer if they've been caused loss by a faulty product, but the claim against the manufacturer is still there.
In this particular case: dunno, but it doesn't seem like the chap actually wants to claim against you anyway so it's a bit academic. He just wants some info about the product. Tbh I don't see why you couldn't just give it to him and hope he buggers off unless it's a big trade secret, but then it's quite literally not my business!
In this particular case: dunno, but it doesn't seem like the chap actually wants to claim against you anyway so it's a bit academic. He just wants some info about the product. Tbh I don't see why you couldn't just give it to him and hope he buggers off unless it's a big trade secret, but then it's quite literally not my business!
Personally I think you are well within your rights to tell them to do one. Your standard technical information will be in the public domain, and any additional info should be requested through the dealers/agents. Bit like asking Ford US HQ a technical question about your car - don't think you'd get much joy.
Roger Irrelevant said:
Tbh I don't see why you couldn't just give it to him and hope he buggers off unless it's a big trade secret, but then it's quite literally not my business!
I would imagine because Customer C is owed money by Customer D and is asking the OP not to release said information to Customer D to leverage payment of the outstanding debt.JQ said:
Roger Irrelevant said:
Tbh I don't see why you couldn't just give it to him and hope he buggers off unless it's a big trade secret, but then it's quite literally not my business!
I would imagine because Customer C is owed money by Customer D and is asking the OP not to release said information to Customer D to leverage payment of the outstanding debt.I have a small company with a almost identical structure (We are manufactorer, supply to distributor, supplies to retailer, onto customer)
Have had similiar issues once or twice with customers contacting me directly. If they are pleasent and have a valid reason for an enquiry, more than happy to help. It does depend on the information though as some things I simply can't/won't share (Work with flavourings).
If your situation presented itself though with a customer having an attitude and having outstanding debt with one of my Distros or retailers, no chance I'm getting involved. I'd pass on what I could to Distro or even retailer and tell the customer they need to speak to them. Distro will not doubt pass back to retailer if customer contacts them though I wouldn't supply who the Distro was as most retailers keep the Distros they use close to their chest.
My contract is with the Distro, they buy the product. If customers wants to return a product, needs to go back to retailer who passes back to Distro who passes back to me.
Have had similiar issues once or twice with customers contacting me directly. If they are pleasent and have a valid reason for an enquiry, more than happy to help. It does depend on the information though as some things I simply can't/won't share (Work with flavourings).
If your situation presented itself though with a customer having an attitude and having outstanding debt with one of my Distros or retailers, no chance I'm getting involved. I'd pass on what I could to Distro or even retailer and tell the customer they need to speak to them. Distro will not doubt pass back to retailer if customer contacts them though I wouldn't supply who the Distro was as most retailers keep the Distros they use close to their chest.
My contract is with the Distro, they buy the product. If customers wants to return a product, needs to go back to retailer who passes back to Distro who passes back to me.
Correct = D's contract is with C, C's is with B and B's is with A.
Up to C whether he chooses to ask B to ask A for the relevant information.
Or for simplicity just asks A, but that's not the contractual position.
D has no contract with A and has no contractual right to ask for information.
Up to C whether he chooses to ask B to ask A for the relevant information.
Or for simplicity just asks A, but that's not the contractual position.
D has no contract with A and has no contractual right to ask for information.
All of the above may be true, but telling D to 'do one' isn't the best strategy. Might see your own company trashed on SM, for starters.
Windows are now a regulated thing, no? Fensa? If D wants to know something related to anything in the relevant legislation, I'm not sure how you can decline to give it. However, if it's something else - e.g. it's commercially sensitive info - you can tell D that. You can also tell D that you do not get involved in disputes between customers and the trade.
But perhaps D wants some information to tackle B or C with if the product is not to spec, or else, the wrong spec.
Windows are now a regulated thing, no? Fensa? If D wants to know something related to anything in the relevant legislation, I'm not sure how you can decline to give it. However, if it's something else - e.g. it's commercially sensitive info - you can tell D that. You can also tell D that you do not get involved in disputes between customers and the trade.
But perhaps D wants some information to tackle B or C with if the product is not to spec, or else, the wrong spec.
How does D know that you made the window(s)? Are they branded?
If they were unbranded they'd have no option but to go to the supplier/fitter 'C' who would then approach 'B' so surely that's how they should be approaching this, too?
If any documentation is needed you'd supply that to the company who bought from you and they'd pass it on, so again that's how I'd assume it should be approached.
If they were unbranded they'd have no option but to go to the supplier/fitter 'C' who would then approach 'B' so surely that's how they should be approaching this, too?
If any documentation is needed you'd supply that to the company who bought from you and they'd pass it on, so again that's how I'd assume it should be approached.
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