Legal Question in Consumer Law in Florida

purchase of equipment

i purchased a commercial ice machine from a distributor recently. i installed it but if failed to work. under the warrantee i called out a technician(name supplied by the manufacturer) who fixed it. he pointed out a crack in the frame which was not visibally apparent when i installed it and the freon was low.he said it could be damage during transit. i have written to the supplier and the manufacturer to ask for a replacement. no reply yet . the machine has stopped working now. i have stopped credit card payment . what is my position


Asked on 12/10/07, 9:12 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: purchase of equipment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This question is actually far too complex to answer in a short paragraph or two. Suffice it to say that you are not supposed to stop the credit card payment on a check as now you have opened yourself up to various actions.

You would be well advised to see an attorney who can review your purchase agreement and warranty. The attorney can then write a demand letter to the manufacturer and hopefully resolve your problems. Failing such, the attorney can file suit on your behalf in the appropriate court to enforce the warranty.

Scott R. Jay, Esq.

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Answered on 12/10/07, 10:33 pm


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