Being ignored about faulty £6k machine bought over the phone...

alexx87

Hi there,
I need help on how to handle problem with seller and thought that you folks at MSE forum will be probably the best people to ask.

Couple of days ago I have purchased piece of machinery to complete high volume of orders for Mother's Day.

Part of the deal was that machine would be ready next day for collection and company has agreed to that. Payment has been made over the phone by debit card that day.
My partner traveled 400 miles to collect this 40st monster with rented luton van. Upon arrival we have unpacked machine, connected it accordingly to manual (I do have experience with that kind of machinery) to find that it didn't even blink!

Beside that machine was in worse condition that I have imagined it would be, considering it supposed to be new, unused unit. Was covered with rust and accessories which I have paid extra for came in unusable condition, with loose cables and no plug attached to make it work with machine. I wasn't told it will be like that, if I knew, I wouldn't buy it at all as unfortunately I'm not an electrician who is able to fiddle with cables which doesn't make sense to connect at all.

I started filling pressure. I had many orders to complete, and due to arrival of this machine had hopes to fulfil them on time. Of course, many had to be cancelled and all of my customers informed. I have wasted so much time, and all that has ruined my business image (not just because of this machine).

So we have contacted seller right away about the problem, who before I got machine was responding to my phone calls and emails within minutes. To reply to my message about machine not working, took him half day to get back to me, another half day later engineer called me with some suggestion to solder connectors (remove plugs) directly to machine. This didn't help.

Frustration was taking it's toll with lack of response so have informed them that I would like to return machine back to them at my own cost for refund, as is not as described, not fit for purpose and as stated in Consumer Contract Regulations, I can just return it within 14 days.

They just replied that engineer can visit us next week.
I don't want engineer next week, I don't wan't this machine. It has failed me from beginning, and I don't want to go through million problems in the future. I needed machine on Wednesday, not two weeks later to collect dust in my workshop.

No response. Nobody is available to talk to me over the phone, nobody calls me back as promised. No response to emails sent.

Please help what can be done to get my money back!

P.S. >> Sorry about long rant

nearlyrich

Not an expert but this sounds like a business transaction rather than a consumer transaction and different legislation applies.

browneyedbazzi

As above poster said, as you purchased the machine in as a business, the consumer contracts regulations do not apply. When contracting in the course of a business you do not have consumer rights. Businesses are expected to be knowledgeable and conscientious when entering into contracts so are not afforded the same protections as consumers.

Did you actually have anything in writing from the seller about this purchase? Any terms and conditions? Even a bill of sale describing the goods and price etc??

bris

You really spent 6k on a second hand machine without first seeing it working?


You don't have consumer law to fall back on but contract law still applies, the machine should be in the condition described or the contract is in breach. This doesn't allow you to terminate the contract however if the company put it right. The engineer will do that, if not then you could sue for breach of contract.

alexx87

bris wrote: »

You really spent 6k on a second hand machine without first seeing it working?

It is new machine, I would never do that with second hand.

I have bought it under my name, not business name. Does this make any difference?

alexx87

browneyedbazzi wrote: »

Did you actually have anything in writing from the seller about this purchase? Any terms and conditions? Even a bill of sale describing the goods and price etc??

I do have an email with description of goods and price from seller.
The problem is that as they are not willing to talk to me now, I don't have a proper invoice which should have been sent day after machine arrived.

browneyedbazzi

It doesn't matter if you bought it using your name or the business name. You bought it for use in business so it was a business to business transaction. Consumer rights don't apply but there are still contractual obligations and the goods must be as described - if they aren't and the seller won't uphold their contractual obligations then you can take an action against them through the courts to recover your losses.

NotRichAtAll

I wasn't told it will be like that, if I knew, I wouldn't buy it at all

why when you unpacked the machine and saw what condition it was in did you try and install it? surely if it was not to your liking you would not do that?
sounds to me like you were desperate to get your mothers day order's done so you were prepared to fit the machine and run it no matter what.

would you buy a car without going to look at it first?

what kind of machine is it you have bought that weighs 1/2 a ton, do you have a piccy? i also think you were rather foolish for leaving this till the last minute by your own admission you bought it a couple of days ago yet you continued to accept extra order's prior to having the machine up and running, the only person to blame for your business image is yourself in my opinion.

http://www.gradunion.cam.ac.uk/wp-content/uploads/2012/01/for-sale.jpg

Hintza

alexx87 wrote: »

I have bought it under my name, not business name. Does this make any difference?

Why would you buy a business item under your own name? Are you declaring your income to HMRC? This is a business asset and should be accounted for as such.

DCFC79

NotRichAtAll wrote: »

why when you unpacked the machine and saw what condition it was in did you try and install it? surely if it was not to your liking you would not do that?
sounds to me like you were desperate to get your mothers day order's done so you were prepared to fit the machine and run it no matter what.

would you buy a car without going to look at it first?

what kind of machine is it you have bought that weighs 1/2 a ton, do you have a piccy? i also think you were rather foolish for leaving this till the last minute by your own admission you bought it a couple of days ago yet you continued to accept extra order's prior to having the machine up and running, the only person to blame for your business image is yourself in my opinion.

http://www.gradunion.cam.ac.uk/wp-content/uploads/2012/01/for-sale.jpg

I'm confused by this too.
I also dont understand why you didn't go yourself to pick up said machine to check it over.

How did you pay ? Was it cash on collection ?

Why leave it so late to get the machine to then find its not what you expected and then turn down business ?

robatwork

Are you accounting for it in your accounts, putting it on your fixed asset register and depreciating it properly?

In any case a business has the right to get a working new machine, but if you have been deceptive in the way you purchased it, enforcing your rights may well be impossible.