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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Purchased a machine based on the claims made by the seller

Resolved Question:

Purchased a machine based on the claims made by the seller that the machine was capable of a level of production and quality, we have had the machine for over 12 months and throughout our ownership we have had an engineer visit every week, the machine has effectively been re built on our premisses, the kit still does not achieve the production out put or the quality as described and demonstrated to us prior to purchase, we paid cash for the machine and our whole business plan was built around the capabilities sold to us. We have documented every visit and have lost all faith in the machine and it has cost us not only the £42k for the kit but the costs of lost business and all the costs of website builds. We want our money back and the machine removed. We will have to re think our whole business plan. Help
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are your specific queries in relation to this situation?

Customer:

Do have a legitimate claim for a refund?

Ben Jones :

Your rights will depend on what was promised to you at the outset and how the machine was sold to you. As a business to business contract you will not have the usual consumer protection under the Sale of Goods Act where you have the legal right to expect the item to be of satisfactory quality, as described and fit for purpose, but you will still enjoy the general protection afforded under common contract law. This means that if you were specifically promised certain benefits, functions, etc and the machine has failed to materialise these, then it is a potential breach of contract or misrepresentation matter. If the breaches are serious enough you could try and claim a refund by returning the machine but if the other party refuses then you will have no other option but to consider pursuing them in the county court for compensation for damages to cover any losses or expenses incurred as a result of their breach. So at first you should certainly try and resolve this directly with them, even threatening legal action if necessary, prceeding to the courts as a last resort.

Ben Jones :

If you need any clarification please let me know, I am due in a meeting now so will respond to any queries you post here on my return, thanks

Customer:

The supplier, their literature and all marketing describe the machine as a full production out put devise with consistent quality of colour print, the machine is not capable of these claims. It is not possible for me to transport the machine, it requires a specialist to move it. I will do my best tomorrow to achieve the removal and refund, if required we will take legal action, not only for the £42k but for all losses and costs. Thank you for your reply, however, trusting the brief out line of the facts, in your professional opinion if we cannot resolve the issue, do you consider legal action to recover a refund and our losses would be successful

Ben Jones : The success of any claim will depend on who you are pursuing. Apart from the fact that the decision rests with the court, assuming you do win you are then relying on the other party paying you what they have been ordered to pay. Not all parties are keen to do so and the main risk is if they try and become insolvent because they cannot meet their liabilities and debts. So it could end up in the company going under taking its debts with it. But of course it depends on their status, finances and so on.
Customer:

Hello Ben, the company is a large corporate managed from America, I do not anticipate a closure of the company.

Ben Jones : Ok that is good so it is really a matter of convincing the court that there was a breach of contract. For the value pursued you are best advised to get a solicitor and you may seek to recover these costs if you win
Customer:

Thank you Ben, I do understand that the court will decide if there is a breach of contract and if costs and compensation should be awarded, are you available should we wish to appoint a lawyer, or do you have any recommendation for a lawyer that is a specialist in business litigation.

Ben Jones : We cannot take on clients through this site neither can we recommend anyone unfortunately but go to the Law Society and use their Find a solicitor search facility, you will be looking for someone specialising in commercial litigation
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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