What to do if we purchased an espresso machine for our small business from a company nearly a year ago but it hasn’t worked properly?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if we purchased an espresso machine for our small business from a company nearly a year ago but it hasn’t worked properly?
The machine is a custom, rebuilt machine and we have encountered several issues that have required multiple repairs and resulted in lost revenue. The owner of the company has agreed to swap out the machine for a stock factory built unit but after several months, has yet to fulfill his obligation. We do not have a signed contract but we do have several emails, text messages and voice mails where he states that he will replace the machine. We would like to know if we have any grounds for legal action to hold him to his promise to replace the machine.
Asked on October 1, 2013 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
A contract can be formed by oral agreement, or by a series of emails and text messages; it does not have to be a single, formal "contract." Therefore, if you have a number of emails or text messages in which he states he will replace the machine, then there may well be an enforceable agreemen for him to do this--and if he does not, you may be able to sue him to enforce the agreement and/or obtain monetary compensation (e.g. the cost to repair or replace the machine).
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Under the laws of most states you have at a minimum an implied warranty of merchantability of fitness and possibly an express warranty that came with the item. I would call and write the company you bought the item from advising of the problem and request that it be repaired.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.