Machinery purchase

macadam

Recently bought a new piece of machinery for my work,paid over €16000 for this piece of equipment, that has given me nothing but trouble since july08.
It has been back to the dealer 8 times had all new drive parts fitted , and is still giving me trouble.

The dealer wants to replace it with another new piece of equipment, but really all i want is a refund as i have no faith in this paqrticular machine and will go back to what i had previously.
Where do i stand, what should i do , i do not want a replacement ,have i any chance of a refund.

maca

Danno

Does he sell the same machinery by a different manufacturer?

macadam

No ,they are a german company selling machinery used in the construction of roads.

Welease

I seem to be posting this a lot, but it applies here again .. so the law is...

http://www.consumerconnect.ie/eng/Le.../Faulty_goods/

Quote

Q1. What are my rights in respect of faulty goods?

The Sale of Goods and Supply of Services Act, 1980 gives legal rights to consumers in their dealings with retailers and service suppliers. The Act empowers consumers to take action for themselves. Most issues under the Act are civil legal matters to be dealt with between the parties to the contract.
Under the Act, goods should be:
Of merchantable quality - the goods are of an acceptable standard
As described - false or exaggerated claims must not be made by the seller
Fit for intended purpose - be fit for the purpose they were bought for
Correspond to the sample
Where goods do not conform to the above criteria, you are entitled under the Act to seek a repair, replacement or a refund.
The legislation does not specify whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.
However, if a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, then the buyer is entitled to seek another form of redress from the list.
You can also reject the retailer/supplier's offer if you wish to seek another form of redress. If you do, you may have to take the matter to the courts to have it resolved.


Basically you are down to replace or refund on the machine.. If he won't refund, then you may have to take him to court.

Hope this helps .... Rgds Welease.

boopolo

So as the repair re-occurred you are entitled to a replacement.

I would suggest if the replacement turns out the same (develops a fault), you may be entitled to the only option then left on the list, which is a refund.

Boo

Nody

Welease wrote: »

I seem to be posting this a lot, but it applies here again .. so the law is...

Actually in this case it don't appear to apply due to bolded part below.

http://www.consumerconnect.ie/eng/Le.../Faulty_goods/

Quote

Q1. What are my rights in respect of faulty goods?

The Sale of Goods and Supply of Services Act, 1980 gives legal rights to consumers in their dealings with retailers and service suppliers. The Act empowers consumers to take action for themselves. Most issues under the Act are civil legal matters to be dealt with between the parties to the contract.
Under the Act, goods should be:
Of merchantable quality - the goods are of an acceptable standard
As described - false or exaggerated claims must not be made by the seller
Fit for intended purpose - be fit for the purpose they were bought for
Correspond to the sample
Where goods do not conform to the above criteria, you are entitled under the Act to seek a repair, replacement or a refund.
The legislation does not specify whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.
However, if a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, then the buyer is entitled to seek another form of redress from the list.
You can also reject the retailer/supplier's offer if you wish to seek another form of redress. If you do, you may have to take the matter to the courts to have it resolved.


Basically you are down to replace or refund on the machine.. If he won't refund, then you may have to take him to court.

Hope this helps .... Rgds Welease.

Welease

Why wouldnt he be considered a consumer?

Nody

Welease wrote: »

Why wouldnt he be considered a consumer?

Sale of Goods and Supply of Services Act, 1980 Part 3 wrote:

Dealing as consumer.

3.—(1) In the Act of 1893 and this Act, a party to a contract is said to deal as consumer in relation to another party if—
[GA]

( a ) he neither makes the contract in the course of a business nor holds himself out as doing so, and
[GA]

( b ) the other party does make the contract in the course of a business, and
[GA]

( c ) the goods or services supplied under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.

Fails on A and C as the act is for private consumers, not companies. Also for future reference I'd recommend you use the original instead of the altered incorrect version (NCA like to read more into the law then there is).

Welease

Ahh good point.. Apologies to the OP for misleading him. You are correct.

macadam

Sorry guys but it is in relation with my business,should have made that clear.

spadder

What's the machine?
Are you using it correctly?

macadam

Would rather not say what it is, but in the last 18 years I have had 5 of them, still have two 03 and 01 models, so I definitely know how to use it , before that i worked one for 10 years .

I know the operation of this machine, and know the sound changing immediately, just not into the legal rights.

But if this machine breaks down i could lose material valued at €2.5k on any given day.

brightspark

Your legal rights are what you agreed to in the contract which you either signed or accepted by buying the machine from the supplier (usually on the back of the invoice)

axer

brightspark wrote: »

Your legal rights are what you agreed to in the contract which you either signed or accepted by buying the machine from the supplier (usually on the back of the invoice)

and if you want to take action regarding your contract you will have to hire a lawyer and take them to court.

This is not a consumer issue.