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Home Discussion Legal Questions Questions Answered By Lawyers We have been sold machinery unfit for purpose in its current state - Advice please

We have been sold machinery unfit for purpose in its current state - Advice please

Hi,

I run a textile mill in the UK and had Canadian company supply us with some machinery.  The company was to supply us with two new machines and three second hand machines.  We were told that the secondhand machines just needed cleaning up and they would be ready for use.  We were told that the spinner had 44 spindles and the plyer had 24 spindles.  The machines, when delivered and installed only had 22 spindles working on the spinner and 12 spindles working on the plyer.  The machines were sold to us as a 44 spindle spinner and a 24 spindle plyer.  The plyer is missing numerous parts for the second bank of 12 spindles to operate which the company has but is refusing to send to us.  the spinner was never set up to run both banks of 22 spindles as the engineer didnt set the second bank up.  We are also missing a large number of gears from the spinner that control the draft and feed for the machine.  These rollers must work in matched pairs or the machine over or under feeds.  Our maximum output from the spinner at the moment is six spindles as the matched gears are missing.  Furthermore, to add to the insult, the spinner arrived without a motor which I had to supply.  This was not mentioned before the machines arrived either.

We have had further problems with the new machines also.  These problems relate to the engineering/mechanical skills of the engineers who installed/built them.  Parts have literally fallen off as bolts weren't tightened up. important rollers have moved and hit other rollers causing one machine to be unusable for several days.Electrical connections were never tightened up causing unsafe and irratic operation, guards were not fitted but just leant up against the machines.  

Anyway, to cut a long story short, I need to know how I go about getting a resolution to this issue.  The two secondhand machines cost $35000 for the spinner and $12000 for the plyer.  When we informed the company of the problems we were told that we would never use all 24 spindles on the plyer!  Surely that is for us to decide.  If we wanted a 12 spindle machine we would've purchased a 12 spindle plyer.  Our business plan was written using production figures from the full machines working, i.e., 24 spindles on the plyer and 44 spindles on the spinner.

Ther company are saying that they have finished the installation and are expecting payment of the balance of the account - £3500.  We do not think the installation is complete as both the spinner and plyer are not as described.  The contract states 10% on completion of installation, however we have already paid over 95% and the £3500 they claim is outstanding is under 5%.

The agreed training which was initially discussed as taking two weeks ended up lasting 3 days!  

We needed a company to supply us with a complete mill system and this company seemed to offer a complete service.

 

Where do we stand?

Authors: ratealawyer.com

Read more http://legal.advicescene.com/ca/question/1006224

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