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Civil court expert report

This case concerns a dispute about a front-end loader with power-assisted steering. This vehicle, bought second-hand, failed after 80 hours' use.

The brief of A. MERGER Experts was to::

  • Convene the parties and their representatives.
  • Familiarise itself with the elements of the case and have all relevant documents sent to it.
  • Examine the equipment at issue i.e. the front-end loader.
  • Describe and identify the failure affecting this piece of equipment.
  • Determine the origin of this failure.
  • Make any relevant investigations of fact and any observations concerning the origin, cause, imputability and the period of occurrence of the defective workmanship, imperfections or defects affecting the equipment.
  • Make any recommendations with a view to repairing the equipment, and calculate the cost of doing so.
  • Make any assessment as to the value of the equipment in the condition in which it was on the day of the sale, and in its present condition.
  • Determine whether this equipment is suitable for its intended use.
  • Obtain any relevant information from any professionals.
  • Where applicable, calculate the applicant's losses in value, financial losses and heads of damage.
  • Provide all the technical and factual elements relevant to the resolution of the dispute, determining liabilities and calculating the loss.
  • Make any observations relevant to the resolution of the dispute.
MERGER
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