Not fit for purpose - small claims

[Bluebird99]

Hi guys
Last November I opened a coffee lounge, I purchased a new Espresso machine outright which cost over £6k.
About a month after we opened the machine broke down. Despite dozens of calls to the company that sold it to us it took almost a month to fix. Although we asked for a loan machine this was refused & we had to struggle to make coffees with instant coffee & milk heated up in a microwave.

It was finally fixed but this morning had broken down again with as far as I know the same problem.
We phoned at 9am this morning and despite promises for an engineer to call us back to arrange an appointment we have heard nothing.
We have had to close the business for 5 full days since opening due to having no machine.
I have spoken to the manufacturer who are just as useless as the vendor.

I have now gone to another company to loan a machine at a cost of £150 per month.

This situation has been a major setback for a new business and if the situation is not resolved permanently will damage the business no end

I would like to take the company to a small claims court and reject the machine as not fit for purpose. I believe I should be entitled to reject it and claim back the full cost less say a nominal amount for the time it has actually worked.

I would be grateful for any advice

Cheers

 

[ethical PR]

What does it say in your contract about what happens if the machine breaks down in terms of the guarantee? how long it will take to get an engineer out?, replacements etc

I would have thought with a piece of equipment so vital to your business that you would have wanted it to cover a replacement being provided while the original was being repaired and prompt refund in the case of it not being repairable within the guarantee period.

I would say it is the company that sold it to you that you will need to deal with. Not sure about your rights in terms of a replacement as it's a business to business sale. Perhaps an initial consultation with a solicitor specialising in this area might help, if your contract doesn't yield the answers you are looking for.

 

[Bluebird99]

Unfortunately there is no mention of a loan machine in the contract.

With regards to time waiting for an engineer, we are in Cardiff and the company are in Leeds. They take a few days to book an engineer in, then he comes down and says the machine needs parts. He goes back to Leeds and orders parts which normally come direct to us the next working day. They will not return until I confirm that the parts have arrived so that's another day wasted. The engineer comes back the day after.
Last year I had to wait more than a week for the parts to arrive, when they did they were the wrong ones & had to be re-ordered.

To give you another example, I spoke to them at 9am this morning and despite phoning them on 3 occasions today I have not been told when an engineer will come.

When I purchased the machine, I did ask what would happen if it broke down and was assured that in 99% of cases it is fixed on site at the first visit by an engineer. (I admit I was naive in believing this).

It's the company to company thing I am in the dark about. Is the law different for business transactions?

 

[simon field]

As far as I know, all new electrical goods are guaranteed for a year, whoever sells or buys it.

 

[kihughes]

What made you go all out on a £6k machine? What brand is it?

We're about to open a coffee house and purchased a refurbished gaggia d90 which seems one of the best for value and being able to fix. (We hope)

 

[Bluebird99]

It's an Astoria Easy Plus

Worst money I have ever spent, in hindsight I should have leased a machine

 

[Gecko001]

You bought a coffee machine, it comes with a guarantee I presume and the people who sold it to you have a responsibility to fix it or give you a new one when it breaks down. If they are not doing that you need to find out from them why.

 

[arcon5]

The 1 year thing is a myth, once proposed by the EU but never adopted as sales of goods act is much better. Problem being the fact your trading as a business and not a consumer so terms can be substituted and of course after 6 months the burden of proof is on you to prove the fault was inherent

 

[Bluebird99]

You bought a coffee machine, it comes with a guarantee I presume and the people who sold it to you have a responsibility to fix it or give you a new one when it breaks down. If they are not doing that you need to find out from them why.

Yes it has a 12 month guarantee, the company I purchased from flatly refuse to replace it, and will fix it. The problem being the time it takes them to fix it.

 

[Bluebird99]

The 1 year thing is a myth, once proposed by the EU but never adopted as sales of goods act is much better. Problem being the fact your trading as a business and not a consumer so terms can be substituted and of course after 6 months the burden of proof is on you to prove the fault was inherent

I think the it is the same fault as before although I can't be sure, once you switch the machine on it trips out the electrics within about 20 seconds. Does it really matter if it's the same fault or not though? The fact still remains that the machine is not fit for purpose.
I think I am going to have to take some legal advice

 

[Gecko001]

I think the it is the same fault as before although I can't be sure, once you switch the machine on it trips out the electrics within about 20 seconds. Does it really matter if it's the same fault or not though? The fact still remains that the machine is not fit for purpose.
I think I am going to have to take some legal advice

If it trips out the electrics in your premises then there is a possibility that the electrical circuits in your premises do not have the capacity to handle the load from the coffee machine. I would pay a qualified electrician to check it all out.

 

[Bluebird99]

If it trips out the electrics in your premises then there is a possibility that the electrical circuits in your premises do not have the capacity to handle the load from the coffee machine. I would pay a qualified electrician to check it all out.

That's already been done (last time) by both an independent engineer and also the coffee machine company themselves.

It is definitely not a problem with the premises but with the machine itself.