Legal Question in Business Law in California

I was looking for a laser to purchase found one I liked and had worked with the company to finance. I did not want a loan, but a lease because I am pending funding for a much larger business expansion and do not want to increase the debt that would show up on the company profile with a loan. A lease would show as an expense, and I can justify that with the profit from the unit. The company rep was so persistant and so intense that we were bombarded with calls, my office front and back line, my office managers personal cell phone, my cell phone etc. Both the VP of the bank that approved a loan and the sales rep from the laser company were incessant. Long story shorter - my office manager finally told the sales rep that he was being inconsiderate, and to back off, as the most reacent day of activity followed a day where I was short staffed, and had just been discharged from the hospital for a kidney stone 6 hours before I started my work day. He had shown up in my office and stated ( reported to me by my receptionist ) that he was not leaving until I signed the documents. He felt badly after my office manager repremanded him and he went to his company, and got his CEO to send me the laser. At first I thought it was a wonderful gesture. But now - we have had many difficulties in financing, and the only option now is the loan ( which endangers my SBA funding for my business expansion ).

I, and no one from my company ever requested delivery of the unit. It sat in my storage for over a month. Now the company is pressuring me - obviously - for payment and they really don't care what it means for my company expansion.

They called us to schedule training, we cleared 3 days of patient schedules and lost revenue to accomodate training. the laser was not usable until the training day. But I am using the unit now that it is operational. I had scheduled patients and we had advertised based on the fact that we had been shipped the unit - I assumed we would be able to use it. Perhaps this was a mistake on my part.

At any rate - I am in a position to have to take the loan that could effect my SBA funding - The company did not know that I had never requested the laser, the rep was caught in the middle and was not completely truthful with them about his role in all of this and the amount of pressure that was being applied to us.

Do I have any options? since I am using the unit - does that change things? They are saying they would charge a 25% re-stocking fee if I have them take it back. The only signature they have from me was when I put a down payment down on the laser at a conference. Even that was high pressure - the rep there knew the conference had run over and I was in danger of missing my flight out. She would not allow me the discount ( $50,000) offered at the conference if I did not put down a large deposit before I left. This whole experience has been one giant pressure sales tactic from beginning to end.

Do I have any options at all? I haven't signed any additional agreements, other than the deposit - and I never recieved a copy of that paperwork ( had to leave for the flight ) .

thanks!

1 Answer from Attorneys

Related Questions & Answers

More Business Law questions and answers in California

Looking for something else?