Legal Question in Business Law in California

Re: machine rejection

Depends to some extent on whether the machine was new or used. My answer assumes new.

There are three or four possible bases for a claim. First, upon delivery, the machine must conform to the contract or sample in all respects or you have the right to reject it. This step must be taken immediately upon delivery or the right to reject is lost, except for hidden defects that are not readily apparent upon a reasonable on-arrival inspection. You may have a claim on this basis, but probably not, or at least it would be difficult to prove if the machine has been in service for awhile.

Next, there are two or three types of warranty that may be available.

The first is an express warranty. This is something the manufacturer expresses, usually in writing, and would be found in your purchase contract, the seller's advertising, or in documentation and instructions accompanying the machine.

Next, most sales of goods carry an implied warranty as well. The manufacturer, whether it says so in writing or not, impliedly warrants that the machine is safe and that it will perform its intended function and otherwise meet a reasonable buyer's realistic expectations.

Finally, there may be a warranty of 'fitness for particular purpose.' If you tell a seller of goods what you need and why, and they recommend a particular product with your needs in mind, they may be warranting to you that the goods are suitable for that purpose.

Warranties can be disclaimed at the time of sale in some instances, but not all disclaimers are enforceable.

The verbiage to bring a warranty claim would initially be just ordinary business language in a complaint, requesting an adjustment or refund, and referring to the various warranties. If that fails, you may want to threaten legal action, and an attorney can assist you with that.