Legal Question in Business Law in Pennsylvania

Re: legal advise

Unfortunately your recourse is to sue for damages. It is very unlikely that a court will order any type of affirmative action from the seller. Keep careful documentation of all of your losses and expenses. You also have what is called a duty to mitigate your damages- that is you must do what you can to minimize your loss even if it means buying another piece of equipment just to try and salvage the business.

Feel free to contact me to discuss further.

Re: legal advise

What does your contract of purchase say as far as defective equipment. Is there a warranty? it sounds like you have to take immediate action. Does the company have a local office in Pennsylvania? You should contact an attorney who can contact them and possible resolve the matter through correspondence. If this does not work you may have to take legal action. Speak with an attorney immediately. If you would like to consult with my office then call to schedule an appointment.

Re: legal advise

You have a few options.I assume that you biggest concern is actually getting the machine repaired so that you can open your business. First option, submit a claim to your commercial liability or business interruption insurance. Since this machine is central to your business, its damage should be covered by your insurance.

Another option is apply for emergency funding from your local business association or government, like The Merchant Fund.

Final option, lease another machine, while your vendor repairs your current machine. Or, borrow money to repair the machine and use the machine as collateral.

You can file a lawsuit against the vendor for damages later. The vendor will have to reimburse you for any profit you lost while the machine was broken.

Good luck.

Sharmil McKee, Business Attorney

Philadelphia, Pennsylvania