A new company needs clear terms before attending an old company’s warranty job

The customer remembers the people, not the entity

After the old company enters liquidation, a former customer calls you about a defect and assumes your new business will fix it. Do not make an immediate promise on behalf of either company. Obtain advice about the old claim and any proposed new engagement. Familiar staff and a similar service do not explain which entity is responsible or what new work is being offered.

Identify the original obligation

Imagine a customer requesting repair of equipment installed by the old company. Collect the original contract, invoice, complaint and relevant warranty documents through authorised access. Explain the liquidation status accurately. Do not tell the customer that a new company has taken over the warranty unless that is supported by the actual arrangements and advice.

Describe any new agreement clearly

business.gov.au recommends identifying the parties, work and payment terms in contracts. If the new company is considering an inspection or repair, have its proposed role documented and reviewed. Identify whether work is chargeable, who authorises it and what outcome is promised. Avoid a vague assurance that everything will be sorted when the scope and responsibilities remain uncertain.

Source: business.gov.au: Prepare a contract

Coordinate with the old company's liquidator

Seek appropriate advice about information, property or rights belonging to the old company that may be involved. Do not move spare parts, records or customer assets without authority. In the equipment example, the new business may need its own parts purchase and access arrangements. Continued familiarity with the site does not itself supply permission to use the old company's resources.

Assess technical and insurance requirements

Ask the relevant qualified people what the new work requires and whether the proposed activity is within the new company's capability and cover. Keep any inspection findings factual. Do not accept an undefined responsibility for all past work merely to preserve goodwill, or dismiss a genuine issue without understanding the documents and circumstances.

Keep the two files understandable

Maintain a record of the original complaint, the advice obtained and any separately agreed new work. Give the customer accurate documents identifying the entity actually providing the service. A transparent arrangement can help everyone understand the next step. It should not disguise a transfer of old obligations or create an unintended promise that the new company will answer for every historical problem.