Thread: Advice required

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    Advice required
    Hi All

    I hope someone can give me a few pointers on this. Here goes, i quoted some equipment for a company, they asked questions regarding the workings etc, i sent them all the answers they required, they sent me an order for the equipment which i then installed, on completion of the install they informed me that the equipment is not suitable for integrating into there business so have asked me to remove it. I have invested a fair sum of money on the equipment and wont be able to return it as it has now been opened, plus 3 days labour for 3 men to install. I have a meeting with the MD of the company next week, can anyone advise me where i legally stand with this?

    Thanks in advance

    H


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    Not so easy to predict ...
    Quote Originally Posted by hazzaska View Post
    Hi All

    I hope someone can give me a few pointers on this. Here goes, i quoted some equipment for a company, they asked questions regarding the workings etc, i sent them all the answers they required, they sent me an order for the equipment which i then installed, on completion of the install they informed me that the equipment is not suitable for integrating into there business so have asked me to remove it. I have invested a fair sum of money on the equipment and wont be able to return it as it has now been opened, plus 3 days labour for 3 men to install. I have a meeting with the MD of the company next week, can anyone advise me where i legally stand with this?

    Thanks in advance

    H
    Hi, there.

    This is a bit difficult to predict and give you solid information on, based on the facts presented. You really should contact a business attorney, and have them look at the facts and give you an opinion.

    Some of the issues include: What were the "terms of the deal," so to speak, with this transaction? Did you fulfill whatever promises you had made? Did you (and the product) provide what would be "reasonably expected" under the circumstances? Did you give them any indication they could "cancel" and seek a refund? Would such a thing be expected by "reasonable persons" under the circumstances?

    The big issues here are, (i) what was actually agreed by and between the parties, (ii) what is reasonably expected under the circumstances and given the subject matter, and (iii) is the equipment doing what it's supposed to do?

    Depending on the answers to all of these questions, you have a range of possibilities, including enforcing performance and payment to having to actually remove the equipment and return it. I'm sorry I cannot be more specific here. This is why you need to consult with a business attorney, and have him or her look at all the facts and circumstances, give you an opinion, and help you enforce whatever you two decide is the best approach.

    Good luck to you. Larry.


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    Laurence S. Donahue, Esq.
    Attorney & Founder
    Law 4 Small Business, P.C.
    http://www.L4SB.com/
    505-715-5700
    888.99.BIZLAW (888.992.4952)
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    Is there an agreement before the installation happened? I mean contract or paper works for legality purposes? Or are they aware of the possible expenses that will be made? If there are no agreement and and they decline you with the expenses you made then there is nothing you can do about it. Just charge it to experience. However you can still try to talk to them regarding the expenses made, just let them know first.


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