OP
BlueToBits
The problem with discussing issues like this on public forums like this is that any revelation that is written in them can be used as easily against you as for you. But I suspect that horse has already run.
So. I humbly offer my 10ps worth m'lud and I'' stick my neck out and talk about things Im emminently unqualified to do.
The electrical regulations as such don't apply as you have not undertake any electrical work and, I think, are confusing the issue.
I suspect the key point here is this:
She would have to deny this. There's not a lot you can do if she does (word against word) apart from the fact that your terms and conditions support this discussion could have taken place as they clearly state the you do not do electrics. AFAIK when T&Cs conflict between 2 parties it is the those on the latest dated document in a contract that apply and are deemed to be accepted by both parties. Unless the client has written something to the tune of "the installer will undertake electrical work" on a document that forms part of the contract between you, your T&Cs will apply, and unless they are unreasonable, the courts should uphold them.
Also, when a dispute such as this exists, it is normally accepted that the installer must be given reasonable opportunity to correct any defects in a reasonable time. If the installer refuses, or the correction is not to a reasonable standard then the process moves to the next level.
If you were not given this opportunity, you can argue that you would have been happy and still are happy to make satisfactory corrections at your own expense. In this event there are no corrections to make so you should be home and dry.
The client may be trying it on and hoping that you will make an out-of-court settlement. You could call their bluff, but that's easy for an outsider to say. Sometimes a few hunderd quid as "full and final settlement" is worth the cost just to get them off your back, but that's maybe what they are hoping for. If I were to make an offer, I'd be prepared to up it, so I wouldn't open with my top figure. I would be tempted to say "see you in court" and let them call my bluff, but there may be other aspects to this that would make this inadvisable.
I'm no solicitor, so this is not gospel, just an opinion.
I hope this helps. Good luck.
So. I humbly offer my 10ps worth m'lud and I'' stick my neck out and talk about things Im emminently unqualified to do.
The electrical regulations as such don't apply as you have not undertake any electrical work and, I think, are confusing the issue.
I suspect the key point here is this:
...After explaining to the customer that we had not charged for this and were performing NO electrics within the installation he would have to pay for the remedials required and as such we suggested that this other electrician is best to do the work as he is already on site. The customer agreed and we left it at that....
She would have to deny this. There's not a lot you can do if she does (word against word) apart from the fact that your terms and conditions support this discussion could have taken place as they clearly state the you do not do electrics. AFAIK when T&Cs conflict between 2 parties it is the those on the latest dated document in a contract that apply and are deemed to be accepted by both parties. Unless the client has written something to the tune of "the installer will undertake electrical work" on a document that forms part of the contract between you, your T&Cs will apply, and unless they are unreasonable, the courts should uphold them.
Also, when a dispute such as this exists, it is normally accepted that the installer must be given reasonable opportunity to correct any defects in a reasonable time. If the installer refuses, or the correction is not to a reasonable standard then the process moves to the next level.
If you were not given this opportunity, you can argue that you would have been happy and still are happy to make satisfactory corrections at your own expense. In this event there are no corrections to make so you should be home and dry.
The client may be trying it on and hoping that you will make an out-of-court settlement. You could call their bluff, but that's easy for an outsider to say. Sometimes a few hunderd quid as "full and final settlement" is worth the cost just to get them off your back, but that's maybe what they are hoping for. If I were to make an offer, I'd be prepared to up it, so I wouldn't open with my top figure. I would be tempted to say "see you in court" and let them call my bluff, but there may be other aspects to this that would make this inadvisable.
I'm no solicitor, so this is not gospel, just an opinion.
I hope this helps. Good luck.