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QLD Liability for Selling Solar Products as Contractor

Discussion in 'Employment Law Forum' started by solar, 25 July 2014.

  1. solar

    solar Member

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    Good morning, hope I am in the right area for posting this question... am new to using the forum.

    At present I am working for a solar company as a contractor. I go to peoples homes representing a company with a product package. One of the products in this package is now being questioned whether that company is in the process of being shut down. If this happens I am going to end up with lots of unhappy customers. Where do I stand in this scenario? The customers have signed a purchase contract with the company with me being the consultant. Would they have any legal comeback to myself?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi there,

    When the customers sign on to the packages, are they signing with the company or with you as an reseller? If it is with the company, the consultant (similar to a sales representative) would not be personally liable for any loss/damage caused by the company. Similarly, if the company closes down and cannot honour their sales, the company will be in breach of contract and/or owing debt to its customers.

    Unless your name is on the contract as bearing personal responsibility, or if you are a distributor/retailer/reseller and the customer is actually purchasing from you and paying to you, then any liability against the company should not be extended to you.
     
  3. CathL

    CathL Well-Known Member

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    Hi Solar,
    So the contracts that the customers sign are with the company and don't mention you? Is there anything in those contracts that makes you worried about your liability?

    What does your own contract with the solar company say? It sounds like you're saying that you're the door-to-door salesperson, but not a director/manager of the solar company - is that correct?
     

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