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Defective Embroidery Machine Legal Options

Discussion in 'Consumer Law, Contracts, Warranties' started by Caitlin Carey, May 26, 2022.

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  1. Caitlin Carey

    Caitlin Carey Law Topic Starter New Member

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    Jurisdiction:
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    Hi,

    I purchased a brand new embroidery machine from a company back in September of 2021. Not even a month after purchasing the machine we've been having constant issues with thread breaks, false thread breaks (the machine thinks the thread broke when it hasn't), and tie in issues (the thread constantly pops out of the embroidered item when it goes to tie in with the bobbin thread). We've had the machine serviced 3 or 4 times for the same issue over the past 9 months without it being resolved. We want to return the machine, but the company is refusing to take it back and issue a full refund stating that the machine is considered used and will only buy it back at 60% of the original purchase price. Are there any legal avenues we would be able to go down in order to receive a full refund on the machine? It has never worked as intended since we purchased it. We've tried to do everything the right way with getting it serviced constantly, but the issue remains persistent. I appreciate any help anyone can provide. Thanks!
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    Did you get a warranty with the purchase? If so, reading the warranty is the first place to start.
     
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  3. zddoodah

    zddoodah Well-Known Member

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    What's the reason for your shift from singular to plural?

    What does the express, written warranty, if any, say? Did you buy this machine for your own personal use? If not, for what purpose was it purchased?
     
  4. Zigner

    Zigner Well-Known Member

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    Frequently, one person will buy something that multiple people use. For example, I bought a printer that my wife and I use. I bought a car that my wife and I use. Etc. For these examples, saying "I" bought it and "we" use it is entirely practical. Your later question regarding personal or business use is, possibly, an important one.
     
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  5. Caitlin Carey

    Caitlin Carey Law Topic Starter New Member

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    Apologies, the shift was a mistake. It was a purchase for my embroidery business. When speaking of the business I tend to use plural and mixed it up accidentally.

    I'll take a look at the warranty tonight and see if I can see anything within it. If I spot anything that may be useful in it I'll include it in the thread.
     
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  6. zddoodah

    zddoodah Well-Known Member

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    That's what I thought. Is this just a sole proprietorship with just you involved, or is it a larger operation (possibly organized as a corporation or LLC)?

    As we've told you, the terms of the warranty are of paramount importance, but the significance of this being a business purpose is that you won't or may not be able to take advantage of various laws that might apply were this a consumer purchase.
     
  7. army judge

    army judge Super Moderator

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    In SOME instances it might be more cost effective and quickly resolved by purchasing a better item.

    You, of course, need to do a simple cost benefit analysis.

    With a new replacement device, your business is quickly able to resume churning out more product.
     
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  8. Caitlin Carey

    Caitlin Carey Law Topic Starter New Member

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    It's a sole proprietorship.

    I'm looking into the warranty at the moment. I will update with more info as I go through it.

    I'm looking into a different make and model for the future, but wanted to get rid of this one to purchase the new one. I just felt like 60% of the purchase price as an offer was extremely low considering the machine has barely been used due to it being down constantly. I can't even get through a design without the issues happening every 5 minutes.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    Would you even get 60% if you sold it after revealing all its defects? I doubt it.

    Unless you want to incur the cost of litigating for breach of warranty, consider taking the offer. Up to you.
     
  10. Caitlin Carey

    Caitlin Carey Law Topic Starter New Member

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    I don't see anything worth while in the warranty to cover the issues presented. I think I'm probably just going to take the 60% and the loss on the machine. I appreciate all of your feedback and help.
     
  11. army judge

    army judge Super Moderator

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    That's what I would have done.

    When it comes to making money, my primary goal is customer satisfaction.

    To do that, I've got to move product or sell services.
     

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