Question - Lemon Laws?

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  1. #1
    *Registered User* East's Avatar
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    Angry Question - Lemon Laws?

    Hello,

    Long time lurker first time posting but I am looking for some helpful input if anyone can point me in the right direction please.

    I am going to keep it vague at first before going into any real specific details, and I apologize if I am posting this in the wrong section.

    I have 4 variations of different CNC in my shop, I use these machines as my main source of income doing OEM work for a variety of different fields. Each machine has its own purpose. Last year I picked up another account and it was easier to purchase another machine to handle this account vs modifying an existing machine to handle both. I have now owned this machine for 9-10 months and it was purchased new. My question is there any type of Lemon Law associated in this industry. This machine has gone down 7 times in these 9 months. Each issue is completely independent from the others. Not a recurring similar issue other than it failing all the time. All issues were manufactures faults vs mechanical wear. The machine is still under warranty, but each time it has gone down it takes weeks to be fixed. One time it took 2 months of horrible customer service and finally threatening them to come pick it up before anyone reached out to offer to help. I have grown more than frustrated with this piece of equipment and the manufacture. It has cost me THOUSANDS in lost stock and completion bonuses.

    At the end of the day I would prefer to return the machine and I will happily absorb the restocking fee. But I can not get the manufacture to do that.

    I am in the US and machine was purchased in the US. (But not built here) Any help is greatly appreciated.

    Thank you

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  2. #2
    Community Moderator Jim Dawson's Avatar
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    Default Re: Question - Lemon Laws?

    In the law there is something called ''Specific Performance'' that should cover that.

    Jim Dawson
    Sandy, Oregon, USA


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    Member he1957's Avatar
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    Default Re: Question - Lemon Laws?

    Sympathise with you. In Australia we have a "Fit for Purpose" Law that assures a product is capable of delivering what it is intended to do. Had a similar issue with a 16 needle embroidery machine (basically a dedicated CNC machine). Knowing what I do now versus a lost business and potential income (caused by a lemon machine), I'd have _demanded_ a replacement or refund.



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    *Registered User* East's Avatar
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    Default Re: Question - Lemon Laws?

    Jim I did a little google searching and couldn't find anything concrete. Do you know where I might be able to find this information

    thank you

    - - - Updated - - -

    Quote Originally Posted by Jim Dawson View Post
    In the law there is something called ''Specific Performance'' that should cover that.
    Jim I did a little google searching and couldn't find anything concrete. Do you know where I might be able to find this information

    thank you



  5. #5
    Community Moderator Jim Dawson's Avatar
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    Default Re: Question - Lemon Laws?

    You might try contract law, or UCC codes. Not sure. You might also just contact a lawyer. Maybe specific performance doesn't apply to machines. But there are other laws that do apply. It sounds like the machine does not perform as advertised and the manufacturer or vendor is not very helpful. It might just be a simple breach of contract.

    But what do I know, I'm just an old machinist

    Jim Dawson
    Sandy, Oregon, USA


  6. #6
    Member awerby's Avatar
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    Default Re: Question - Lemon Laws?

    As far as I know, "Lemon" laws only apply to automobiles. But the common law, here (and in Australia) holds that anything someone sells someone else should be able to do the job that they promised it could. The hard part is enforcing that. I'm afraid any lawyer will tell you that yes, you have a case, but no, it's not going to be worth their time to go after these folks to make them issue a refund. If the value is low enough, you can file an action in small claims court, where you don't need a lawyer, but that gets complicated if the company isn't local.

    So your best bet to put pressure on the company would be a little "naming and shaming". As long as you stick to the provable facts, it's not illegal disparagement. You can complain to the Better Business Bureau, and there are also numerous other sites on the internet for venting issues like this. And I'm sure the folks here at CNCzone would like to hear who sold you this turkey and treated you so badly, as long as you don't start foaming at the mouth or resorting to all-caps...

    [FONT=Verdana]Andrew Werby[/FONT]
    [URL="http://www.computersculpture.com/"]Website[/URL]


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Question - Lemon Laws?

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