South East Water Ltd (claimant/appellant) v Elster Water Metering Ltd (defendant/respondent)
Wednesday 5 March 2025
By Appellant’s Notice filed on 29 April 2024, the Claimant (C) appeals against the order made by HHJ Stephen Davies (sitting as a judge of the High Court) in the Technology and Construction Court dated 8 April 2024:
In effect, the order gave summary judgment against C in respect of its pleaded claim for damages for breach of contact and payment under various indemnities.
By its claim, C sought:
(1) unliquidated damages for breach of two contracts under which D had supplied in with some 40,000 water meters since April 2010 and/or
(2) the recovery of losses under the indemnities contained in these contracts.
C allege that D breached the terms of a framework agreement by supplying meters that did not have a minimum battery life of 10 years as specified by Schedule 1 of the framework agreement and/or were not of satisfactory quality or fit for their intended purpose as many failed within a few years of being installed.
The defence contended that D had no liability for the replacement costs of defective products and its only obligation was to provide replacement products in accordance with the warranty provisions of Schedule 11. It was this contention that formed the basis of D’s application.
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