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last updated: 31st July 2011

The purchaser can claim against the supplier for losses or damages due to the defective product.

A claim can only be made by the purchaser and can only be made against the supplier. This is under the “privity of contract rule” which requires that only those parties (involved) in the contract can make a claim ie the purchaser and the supplier.

The manufacturer cannot be sued unless the goods were purchased directly from it. So, for example, if the goods were purchased from an agent or distributor, then the claim must be made against the agent or distributor.

The supplier may be sued for damages caused by a sub-contractor where the contract contains an ‘ancillary service’ ie the service is being provided by a sub-contractor.
 

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