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What are my rights.

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  • 16-01-2015 4:55pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    HI all very quick question for you guys "and girls"
    Bought a new machine last summer direct from the manufacturer in NI i placed the other a few months before and paid a deposit after agreeing the spec i wanted.
    The machine eventually came, later than agreed but was not happy with part of the design which worked on the same principals as what i ordered but was not what i ordered but being stuck for the machine and being assured it would work i took it and paid for it in full as agreed.
    Now the machine never worked 100% and i was on to them they came out "sorted" it as they put it still no good so eventually they took it back to the factory to "sort" it out got it back no better, rang them and told them i wanted a new machine made the way i wanted it the first day or my money back in full, am i within my rights to demand this if not what are my rights, thanks in advance.


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    #2
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    If the machine was for a business then unfortunately you have no consumer rights as, by definition, you are not a consumer.

    You may still be entitled to seek remedy under the Sale of Goods and Supply of Services Act but you would be confined to those clauses which are not specific to consumers. You might also be able to invoke other contract law but I suggest you seek professional advice on that.

    Regardless of whether you or not were dealing as a consumer you may also bring a case to the Small Claims Court. It costs €25 to lodge a claim, you don't need legal representation but you will not be able to claim more than €2000. This may suit you if the cost of the modifications to the machine are below this threshold or you are willing to forego any excess. If the claim is higher you will need to take a civil case in a higher court and that would normally involve legal expenses for you.


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    #3
    delahuntv
    Closed Accounts Posts: 1,532 ✭✭✭delahuntv


    Irish SCC no good against a company in NI.

    The company should have terms and conditions of sale - get a copy and read them.

    Demanding money back is not the way to approach any situation - what you are looking for is a machine to work. Also, if it is made to specific specs, you would need to prove what specifications you requestedm show they accepted this and then show where they did not deliver this.

    Always best to try and work it out in a nice manner rather than resorting to teh treath of leagal action - this would just mean all work stop and a delay of 2+ years to any resoultion!!


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