Compensation – A Book Printed with Defects
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Question
We printed a textbook through an intermediary. When we distributed some of the books last year, there were many complaints about defective copies, and the intermediary sent replacement books to the customers from our stock and paid us the printing cost of the defective books. At the same time – as he had agreed with us – he emptied our warehouse for a few days so that the printing house could check each book individually, in order to ensure that no further defective copies would be distributed. We relied on this and distributed the “checked” books again this year, but once again there has been a “flood” of complaints, which we are dealing with on a daily basis. Apparently they did not check at all, or checked in a very superficial manner. Are we entitled to compensation, and what kind of compensation? (Beyond the printing cost of the defective books)?
Answer
Shalom u'vracha
[It is important to clarify that no ruling in monetary law is issued without hearing both sides, and what is written here is a halachic direction and not a binding halachic ruling].
If most of the books are defective, the purchase is a mekach ta'ut, and the entire transaction may be cancelled.
If the majority are not defective, he must pay for the damage he caused.
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