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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?
Do have a legitimate claim for a refund?
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.
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
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
Hello Ben, the company is a large corporate managed from America, I do not anticipate a closure of the company.
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.