What to do if I am a small business owner and I have an oxygen concentrator that has broken 2 years into a 3 year warranty but they don’t want to fix it?

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What to do if I am a small business owner and I have an oxygen concentrator that has broken 2 years into a 3 year warranty but they don’t want to fix it?

It is a $3,500 machine. I was told it was “worn out” and not under warranty even though it has a year of warranty left. They’re trying to charge me $600 to fix what should be a warranty repair. It has an hour counter on back, so I know I didn’t wear it out. I used about 50 tanks of oxygen($1200 worth of oxygen). I have sent it in at least 4 times($50-$75 shipping each time) before this and they kind of fixed (for free) it but it always soon broke again. They have had it for almost 2 months now. I call and call, I only get the secretary once in a while, with a promise the owner will call. What are my options?

Asked on June 21, 2012 under General Practice, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 10 years ago | Contributor

I would sue in small claims court for breach of warranty, breach of contract and loss of use damages.  Filing in small claims will save you money in filing fees and lawyer costs.  I imagine that once they get a copy of the complaint served on them, they will get you a machine that is working and will call you back.  Sounds like you need to deal with a different company in the future.  Best of luck.


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