can I return equipment that I am financing if it did not work when I received it?

UPDATED: Oct 1, 2022

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can I return equipment that I am financing if it did not work when I received it?

I am financing a used cosmetic laser for my small business. The main handpiece I use to treat clients did not work when I received it and had to be sent in twice for repair. It was gone a total of 3 1/2 weeks, which I was unable to use to provide services for my clients, therefore losing money while still paying for the monthly payment and insurance on the device. I am no longer wanting this laser that has had issues and may continue to in the future. Can I get out of my financial contract before my warranty ends in 120 days?

Asked on September 13, 2018 under Business Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it works now, you cannot get out of the contract: the problem has been "cured" and a now-non-existent problem will not allow you out of a contract. If it continues to malfunction, however, then you can get out of it.

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