MemberJuly 20, 2005 at 10:29 am
On my paper work as most other companies, it states all good remain the sole property of me until full and final payment is received, so any good i supply to whoever remain mine, weather they have been paid for by a third party
If he supplied and fitted the units, he had every right to remove his goods, (as long as it doesn’t damage anyone else work etc) they have not been paid for and remain his property, as long as he can prove that to be the case, but if he had only fitted them he has no right to remove them.
because the kitchen was in a building and he had been denied access to remove them, he’s would have to go through the courts to gain access, which would cost an absolute fortune. If he had got there and managed to get the kitchen out, and in his van the police wouldn’t do anything, the only reason they did was because he was inside someones property.
The client would then have to chase the main contractor to get the work reinstalled, or join the list of contractors trying to get there money back..
I have removed signs a couple of times from large Asian restaurants, (who are very well clued up on the law) and if it were illegal for me to do so, i can guarantee they would have taken me to court and sued me for loss of business etc etc, but they know it belongs to me until paid..
It may have had something to do with the bankruptcy proceeding, as i’m not sure how that works, as they say possession is 9 tenths the law, and its hard to get access to a property with out great expense, so its cheaper to wait to see if you get anything back through the insolvency agent, or spend thousands on court costs for a couple of grand kitchen??