Replacement machine - company won't answer my queries

M85

On 1st Aug this year i paid £1800 for a reconditioned industrial machine from a large UK supplier. I'd specified in an email to them at the time of asking for a quote, the specific requirements that I needed the machine to be suited for and they replied that it would be 'as I needed'.

It took them over 1 month to send me a machine, which I quickly discovered had multiple worn parts that needed replacing and was unusable due to one of the main internal components being loose and moving around, making any accurate adjustments impossible. I phoned up two other suppliers for the same type of machine who advised me that the issue was likely to be caused by a worn main shaft or bearings, which could cost over £1300 to replace.

I complained to the supplier and who had it picked up on 15th Sept and in an email, said they had an equivalent machine just arrived in 'perfect condition' they would exchange it for.

After several more weeks of no contact or replies to my queries, i asked to be refunded, to which they have responded that they are sending me back the same machine that I returned to them.

I've requested that they do not send the machine before specifying what work has been carried out and to confirm that none of the major parts are overly worn or are likely to need replacing before a reasonable amount of use.

The reply simply said 'the machine is in perfect running condition. It will arrive Tuesday. The machine did require adjusting'.

As, from the beginning of my correspondence with this company, they've either ignored any of my specific questions or replied with vague answers, i'm concerned they will have done a quick fix to get it working 'perfectly' but that it may start to deteriorate again after some use. I've also been warned by several more informed people that the company has a pretty poor reputation.

Am I legally obliged to accept this adjusted machine or should I continue to refuse to accept delivery until they provide more specific details? Or...as this whole process has been dragging on for months, am I within my rights to ask for a refund, as i'm depending on this equipment in order to set up my business? As i can't get in contact with them since their last email, i'm expecting the machine to arrive on Tuesday even though Ive asked them not to send it without providing more information.

Any advice would be greatly appreciated!

Thanks

TonyMMM

You are posting on a Conusmer rights board, but from the information given you are clearly buying as a business. Business to Business transactions are not subject to the same laws and safeguards as they would be under most consumer legislation.

However you still have a right to expect the supply of the goods as described (i.e. reconditioned rather than new) but likewise the suppliers also can opt to repair anything faulty, which they are now claiming to have done.

If the item does arrive on Tuesday you will need to decide what to do - unless the supplier agrees to a refund (which doesn't sound likely) you may end up taking court proceedings to get your money. At least if you have the item in your possession you will be able to get an engineers report on its condition to support any claim you make. If you refuse delivery, they will still have your money and you will have nothing.

M85

Great answer...Thanks a lot.

I'm a sole trader, so yes this would be classified as a business purchase. I was just thinking from the perspective of a consumer as this was purchased using my own funds.

I think you're suggestion of accepting the delivery and finding a technician to check it over would be the most sensible option. Thanks again. Really appreciate having a 2nd opinion!