Card Machine breach

[devdas73]

Hello I renewed a card machine contract and was sold by the agent a new contact less type one upgrade. However after 9 months and chasing them up they have not sent a new one. Having suggested they are breaching the agreement they said since i have the old one it does not constitute a breach. The new contract is 48 months surely if they did not deliver this contract is invalid? The contract clearly states upgrade.

Suppose you went out and upgraded your phone to newer model they did not deliver would it not be the same scenario?

Thank you

Bob

 

[Mr D]

Does the new contract specify a new machine?

 

[devdas73]

Hello D on the application it says upgrade it would be replacement for the old so it would be new thanks

 

[fisicx]

Does it say anywhere on the contract that you would get an contactless machine or was it just the sales pitch?

 

[devdas73]

its written by hand upgrade

thanks fisicx

 

[fisicx]

By hand where? On the contract you signed?

Was the change to the contract authorised by the provider?

Do you still have a copy of this change with the annotation and the salesman's signature?

 

[devdas73]

Hello fisicx thanks for the reply we both have a copy. Agent got me to sign on the premises and went off and their office emailed a copy stating with upgrade and agents details. Its on same paper that was signed.

 

[lesliedocherty]

i take it by the fact its 48 months, its payment sense? we had issues a few years back, only with dogged determination did we get it resolved.