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faulty equipment w/no contract

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patricia

Guest
My husband started a micrographics business
in 1997. In 1999 he spoke w/a business man
in Texas who sells micrographic equipment.
My husband verbally agreed to lease purchase
this equipment. When we received this equipment(1 month after we had already sent
a check to pay up front for 3 months of lease
payments plus shipping the equipment to us which came to 1500.00), the equipment was not functioning properly. My husband & an
employee of the Texas co. stayed on the phone for nearly 3 weeks off & on to try & get this equipment to function as it should have when we received it. This problem was
causing my husbands business contracts to back up & cause problems with our local
film processing company which also happened to be the government agency in which we were
contracted to perform grant work.
The first technician my husband spoke with
is now fired. We ended up sending the camara
head back to Texas to be repaired. They sent it back & the problem persisted.
A technician who also no longer works for the company told my husband no to worry over
the lease payments until the camara is operable.
My husband made this deal with the President
of the company. His Web-site states that
"customer satisfaction" is his guarantee.

This faulty equipment has never worked properly, causing my husband to have to
desolve his contracts with the state grant
office.
Now this Texas company is wanting us to pay
for the collection costs they have turned us over to as well as pay for having the equipment returned to their Houston office.
What legal rights do we have as consumers
wronged by another company not backing their
"guarantee"?
Thank you for your prompt attention to this matter.

[This message has been edited by patricia (edited January 28, 2000).]
 


A

Attorney_Replogle

Guest
I think that it is likely that your husband's business dealing will be covered under the Uniform Commercial Code. This is a universal modification of common law contract law that all the states use. Unfortunately I don't recall enough about it to go into details now with you. The bottom line though is that any written guarantee of satisfaction is enforceable by your husband's company against the seller/lessor. Satisfaction is generally measured by what a reasonable person in your usband's "shoes" would see as reasonable. So you seem to have the upper hand here. The bottom line is that your husband's company should not be owing the lessor any money. Instead the lessor should pay for the loss of business they caused by the loss of the governmental contract. You need to immediately speak with a business law attorney near you. You can find one at attorneypages

------------------
Mark B. Replogle
 
A

Attorney_Replogle

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by patricia:
My husband started a micrographics business
in 1997. In 1999 he spoke w/a business man
in Texas who sells micrographic equipment.
My husband verbally agreed to lease purchase
this equipment. When we received this equipment(1 month after we had already sent
a check to pay up front for 3 months of lease
payments plus shipping the equipment to us which came to 1500.00), the equipment was not functioning properly. My husband & an
employee of the Texas co. stayed on the phone for nearly 3 weeks off & on to try & get this equipment to function as it should have when we received it. This problem was
causing my husbands business contracts to back up & cause problems with our local
film processing company which also happened to be the government agency in which we were
contracted to perform grant work.
The first technician my husband spoke with
is now fired. We ended up sending the camara
head back to Texas to be repaired. They sent it back & the problem persisted.
A technician who also no longer works for the company told my husband no to worry over
the lease payments until the camara is operable.
My husband made this deal with the President
of the company. His Web-site states that
"customer satisfaction" is his guarantee.

This faulty equipment has never worked properly, causing my husband to have to
desolve his contracts with the state grant
office.
Now this Texas company is wanting us to pay
for the collection costs they have turned us over to as well as pay for having the equipment returned to their Houston office.
What legal rights do we have as consumers
wronged by another company not backing their
"guarantee"?
Thank you for your prompt attention to this matter.

[This message has been edited by patricia (edited January 28, 2000).]
<HR></BLOCKQUOTE>

I posted an answer to your question just today. Please go to the business board to read it.



------------------
Mark B. Replogle
 

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