What are our rights against a seller if we purchased damaged equipment andthey will not pay and honor its guaranty?

UPDATED: Jan 20, 2011

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What are our rights against a seller if we purchased damaged equipment andthey will not pay and honor its guaranty?

My wife and I bought equipment for our bakery from a supplier in SC. He had a return policy and when we called to tell him about missing parts for the equipment he said that he would make it right. We tracked down the parts and called to have him order them. However now he is asking us to pay for the parts and then bill him, or return the equipment and he will refund our money. I do not believe he will pay if we bill him. Can I take him to small claims court?

Asked on January 20, 2011 under Business Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You could sue the supplier for breach of contract for failure to comply with the terms of the contract.  Your lawsuit should include additional causes of action (claims) for breach of express warranty (failure to comply with the terms of the written warranty) and breach of implied warranty of merchantability ( the goods you received were not of a quality acceptable in the trade) due to the missing parts.

Your damages (the amount you are seeking to recover in your lawsuit) would be the cost of  repairs or the cost of obtaining replacement parts.  You would have to mitigate (minimize) damages by obtaining replacement parts at a comparable market price and not the most expensive parts you can find.  If you selected the most expensive parts as replacements your damages will be reduced accordingly.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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