Had my second hand machine (but bought from the manufacturer 12 months and major part has gone wrong

KK:)

I wanted some advice as this is causing me sleepless nights!
I purchased a second hand laser cutting machine from the manufacturer. I had this just 12 months when the main part went wrong with it and it was going to cost nearly half as much as the original cost of the machine to put it right. I contacted the company and they told me this was a consumable part (which hadn’t been explained beforehand) and that I was liable for the cost, they told me not to worry that they would get it sorted. They sent someone out to collect my old machine and deliver a loan machine whilst mine was being fixed. They also sent over a pro forma invoice. I received nothing else until Friday when they sent me the demand for the money saying there had been a miscommunication on their part and the payment should have been sent before any work was carried out.
My true belief was that I could arrange a payment plan with them, nothing had been written down but that was the impression I got. I have offered them £1300 as a first payment and then £300 a month until the full £3300 has been paid in full but they are refusing to accept this saying that I need to pay now in full.
I am self employed and cannot raise that kind of money that quickly.
Is there anything I can do? I do feel I was mis-sold the product as I was told that they very rarely go wrong which is why I considered buying a second hand more expensive brand rather than a cheaper one which I was originally going to do.

I would appreciate any help you can give me

kazwookie

Do you have business insurance? does this cover machinery if so it might be an idea to ring them and ask if it is overed under the insurance.

I would also suggest you write to who ever has your machine and state the facts and what you can offer.

Do you still have the loan machine? if so I would keep working and using it.

KK:)

Thank you for your reply, unfortunately the insurance doesn't cover it. I have written to the manufacturer and explained everything but they are very 'to the point' with their replies and with no lenience. It appears the compassion stopped as soon as they fixed the machine and want payment. Unfortunately I can't raise the rest of the money in the time span they would like so offered the best I can do but it appears that's not acceptable. I don't know what else to do.

k3lvc

1) How did you originally pay for the machine - outright or via finance ?
2) Presumably this is a business to business transaction therefore no 'consumer rights'


I suspect as you say they'll be after their money fairly sharpish so time to raid the piggy bank or raise the funds

KK:)

Paid for the machine outright. I'm self employed so I'm guessing you're right about the consumer rights.

JJ_Egan

You do have rights not just as strong as consumers .You can take them to court .
BUT
<they told me this was a consumable part (which hadn’t been explained beforehand)>

As a business you should know what you are buying .

<nothing had been written down but that was the impression I got >

Really its all guesswork and going to rely on the goodwill of the manufacturer/ vendor .

bris

You should also take into account it was a second hand machine so any wear and tear on this consumable part has to be factored in. So although it was only 12 months for you it's actually a lot longer for the part.


The fact it's a B2B contract is also heavily against you as you really should know your own business and the workings of the machine.