Business not honoring offered service/warranty

[note4shawn]

I purchased a new laser engraver (Oct 2023) from a local business (DigiCarver/Love Engraving) that orders them from a manufacturer in China. On the website it states they offer Lifetime after sale support and a 2-Year Warranty on my laser. In the warranty section he states:

"The manufacturer gives its own warranty which provides protection to Love Engraving, but your assurance is our warranty as herein described. We will deal with the manufacturer in case of failure of their machines, but you, the buyer, do not have to deal with the Chinese company."

Once he delivered the laser and received payment he stopped responding to all requests for service/support. I have asked him multiple times in my emails to provide me with the best way to contact him but he never responds.

While reading through the Warranty page I also noticed the following:

LIMITATION OF REMEDY

" In no event shall Love Engraving be liable for any incidental, consequential or special damages of any kind or nature whatsoever. Love Engraving is in no way liable for any lost profits arising from or connected to this agreement, whether alleged to arise from breach of contract, expressed or implied warranty, or in tort, including without limitation, negligence, failure to warn, or strict liability.

No representative nor the entire entity of Love Engraving may be held responsible for any damages to property or for personal injury caused by the use of DigiCarver machines. "

To me it looks like he added this section to basically allow him to get away with not responding to any service/support/warranty issues (breach of contract).

My question is, do I have any legal stance here? I specifically purchased from him because of the local service/warranty. I could have bought from a online company and paid less for a better machine but I didn't want to deal with warranty issues over the internet/phone.

I only paid $6000 for the machine, but as I am unemployed and trying to start a business, this was a large investment.

If I do have a case here, what would be the best way to move forward? And would it even be worth it? I have no idea what I could sue him for or for how much? As much as I want to burn his business to the ground for being a fraud, I cannot afford to do anything if it is not worth it to me in the end.

Just looking for some advice and information.

Thanks,
Shawn

 

[quincy]

I purchased a new laser engraver (Oct 2023) from a local business (DigiCarver/Love Engraving) that orders them from a manufacturer in China. On the website it states they offer Lifetime after sale support and a 2-Year Warranty on my laser. In the warranty section he states:

"The manufacturer gives its own warranty which provides protection to Love Engraving, but your assurance is our warranty as herein described. We will deal with the manufacturer in case of failure of their machines, but you, the buyer, do not have to deal with the Chinese company."

Once he delivered the laser and received payment he stopped responding to all requests for service/support. I have asked him multiple times in my emails to provide me with the best way to contact him but he never responds.

While reading through the Warranty page I also noticed the following:

LIMITATION OF REMEDY

" In no event shall Love Engraving be liable for any incidental, consequential or special damages of any kind or nature whatsoever. Love Engraving is in no way liable for any lost profits arising from or connected to this agreement, whether alleged to arise from breach of contract, expressed or implied warranty, or in tort, including without limitation, negligence, failure to warn, or strict liability.

No representative nor the entire entity of Love Engraving may be held responsible for any damages to property or for personal injury caused by the use of DigiCarver machines. "

To me it looks like he added this section to basically allow him to get away with not responding to any service/support/warranty issues (breach of contract).

My question is, do I have any legal stance here? I specifically purchased from him because of the local service/warranty. I could have bought from a online company and paid less for a better machine but I didn't want to deal with warranty issues over the internet/phone.

I only paid $6000 for the machine, but as I am unemployed and trying to start a business, this was a large investment.

If I do have a case here, what would be the best way to move forward? And would it even be worth it? I have no idea what I could sue him for or for how much? As much as I want to burn his business to the ground for being a fraud, I cannot afford to do anything if it is not worth it to me in the end.

Just looking for some advice and information.

Thanks,
Shawn

What is the name of your state, Shawn?

Did you read the full warranty prior to purchase?

 

[adjusterjack]

What is the name of your state, Shawn?

Oregon.

Dig deep, Q.

OP says local company. The warranty has a contact link with the address of the business. I even looked up the LLC on the state website and found the guy's house.

 

[adjusterjack]

Just looking for some advice and information.

What is it you want from the guy? You have a two year express warranty for repairs with his company. Does your machine need repair?

If you can't get a callback from him, go to his office. The address is in the contact link of the warranty. It's a small office with storage at the back.

Our Warranty (digicarver.com)

Heck, I even looked up the LLC at the Secretary of State website and found his home address.

Business Registry Business Name Search (state.or.us)

If you can't scare him up at his office by leaving a note on his door, go to his house. LOL.

 

[note4shawn]

What is the name of your state, Shawn?

Did you read the full warranty prior to purchase?

Oregon

I did glance over the warranty but did not catch the section I posted. Am I now reading that section correctly? Is he covering his ass so he does not have to provide services?

 

[note4shawn]

What is it you want from the guy? You have a two year express warranty for repairs with his company. Does your machine need repair?

If you can't get a callback from him, go to his office. The address is in the contact link of the warranty. It's a small office with storage at the back.

Our Warranty (digicarver.com)

Heck, I even looked up the LLC at the Secretary of State website and found his home address.

Business Registry Business Name Search (state.or.us)

If you can't scare him up at his office by leaving a note on his door, go to his house. LOL.

Ultimately I want a response and service/warranty if necessary. I reported a design flaw from the factory that caused my laser head to slam into two separate key lock mechanisms while running a job causing my laser head to get tweaked and no longer in alignment. I have spent countless days trying to figure out exactly how to correct it but with luck yet. The key locks are for the from panels on the machine. They stick out into the path of the laser. This should have never left the factory like this. Anyway, I never heard back from him on this. I had to spend a bunch time and money coming up with a solution myself to get the locks out of the way. I also sent him an email letting him know that a section of the LED lighting that is inside the machine has gone out. Never heard back.

To me, both of these issues fall into the service/warranty category especially for a brand new machine.

As for his business address, I know for a fact he is no longer in that facility because I asked him when he was dropping off the machine. I do not know about the home address on file. I would assume that is accurate though. Not sure I care to knock on his door at home. I would much rather burn it to the ground.

All joking aside, what other options legally can be done? Does his warranty cover him from Breach of Contract (if that is what this is) by not responding to issues like these? And if there are legal avenues what would be the best outcome? Would it even be worth the time and hassle?

Thanks guys!

 

[quincy]

Oregon.

Dig deep, Q.

OP says local company. The warranty has a contact link with the address of the business. I even looked up the LLC on the state website and found the guy's house.

Yes. I probably could have put a little more effort into it. Haha.

Ultimately I want a response and service/warranty if necessary. I reported a design flaw from the factory that caused my laser head to slam into two separate key lock mechanisms while running a job causing my laser head to get tweaked and no longer in alignment. I have spent countless days trying to figure out exactly how to correct it but with luck yet. The key locks are for the from panels on the machine. They stick out into the path of the laser. This should have never left the factory like this. Anyway, I never heard back from him on this. I had to spend a bunch time and money coming up with a solution myself to get the locks out of the way. I also sent him an email letting him know that a section of the LED lighting that is inside the machine has gone out. Never heard back.

To me, both of these issues fall into the service/warranty category especially for a brand new machine.

As for his business address, I know for a fact he is no longer in that facility because I asked him when he was dropping off the machine. I do not know about the home address on file. I would assume that is accurate though. Not sure I care to knock on his door at home. I would much rather burn it to the ground.

All joking aside, what other options legally can be done? Does his warranty cover him from Breach of Contract (if that is what this is) by not responding to issues like these? And if there are legal avenues what would be the best outcome? Would it even be worth the time and hassle?

Thanks guys!

As a note, Shawn, you might have voided the warranty anyway by messing with the key locks in your attempts to repair the engraver on your own.

That said, if the company has changed locations, the State should have the new business address on record or, as adjusterjack suggested, contact the owner through his home address by phone or certified mail. I don’t think it is a good idea to just show up at his house, though.

We cannot analyze the legality of documents on this forum - for that you need an attorney in your area - but it is probably safe to say that the company has tried to insulate itself from legal liability. How successfully it has done that is a question for the attorney you see.

You always have the option of seeking repairs elsewhere, although I know that comes with a cost to you.

 

[note4shawn]

As a note, Shawn, you might have voided the warranty anyway by messing with the key locks in your attempts to repair the engraver on your own.

That would not surprise me. LMAO. Gotta love the legal system. BUT I can put the locks back and no-one would ever know what I did to correct the issue.

but it is probably safe to say that the company has tried to insulate itself from legal liability. How successfully it has done that is a question for the attorney you see.

Yeah that is exactly what I was thinking and just wanted to get other opinions and see if there is something I can do legally. I guess I will send a certified letter asking that he honor his agreements or I will have to take further action. Plus I may reach out to a local attorney and have a consult. And worse comes to worse I will make it my mission to destroy his reputation online everywhere I can.

Anyway, thanks so much guys for your input on this.

 

[quincy]

That would not surprise me. LMAO. Gotta love the legal system. BUT I can put the locks back and no-one would ever know what I did to correct the issue.


Yeah that is exactly what I was thinking and just wanted to get other opinions and see if there is something I can do legally. I guess I will send a certified letter asking that he honor his agreements or I will have to take further action. Plus I may reach out to a local attorney and have a consult. And worse comes to worse I will make it my mission to destroy his reputation online everywhere I can.

Anyway, thanks so much guys for your input on this.

Other than the worse comes to worse idea (“destroy his reputation online everywhere”), you have mapped out a pretty good route forward. Trying to damage the guy’s reputation can result in you finding yourself on the wrong side of a defamation lawsuit. You don’t want to be sued.

Good luck.

 

[note4shawn]

Other than the worse comes to worse idea (“destroy his reputation online everywhere”), you have mapped out a pretty good route forward. Trying to damage the guy’s reputation can result in you finding yourself on the wrong side of a defamation lawsuit. You don’t want to be sued.

Good luck.

Very true. I would be sure to stick to the facts and my experience with his company.

Thanks

 

[rodriguezs0804]

Very true. I would be sure to stick to the facts and my experience with his company.

Thanks

Yeah you should

 

[quincy]

You’ve had a bit of a rough start to your new business, Shawn. I hope you can get the engraver fixed soon.