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Issue with purchase contract of machine

DavidTT111

Plastic
Joined
May 18, 2018
So we purchased a new machine from a fairly large company at IMTS. During negotiations I had a last minute request to add one last accessory, got a verbal okay from the sales guy, sent in my 30% deposit.

Oral contracts are valid in both the state where agreement took place and state where manufacturer and our business is located.

Machine gets shipped, but not installed. I get asked for 60% payment, I ask manufacturer for some type of documentation listing out what exactly I purchased. We had a signed order listing some of the extras, but it didn't include the last verbal change. They send a document with just the serial of machine and price, but no options or other extras that were negotiated. Sales guy ghosts me after emails and messages trying to clarify and explain that I'm more than happy to pay, just need to make sure everything is clear.

At this point I have probably more machine than they have deposit (although it's not setup or anything). I'm inclined to just return the machine at this point, but what should I do?

The machine is being financed by ourselves, so it's just between us and the manufacturer. I figure I can start contacting higher ups in their corporate structure and get things moving again, just not sure what to do.

I don't need any "damages" although it is annoying and perhaps justified, just want to get my money back and get the equipment out of my shop as it's taking up a big chunk of floor space. They paid for freight, so no issues there. I guess normally it would seem straightforward on how to negotiate this, except that I already got ghosted and don't know what game they are playing.

I mean sooner or later their accounting department is going to need answers on this machine. I'm also curious if I didn't "perform" contractually by not sending the second deposit, or they are in the wrong by basically not responding to me for like 3 weeks now.
 
This is why everything needs to be on paper.
I wouldn't send another cent until its sorted out with someone there with authority, not just some sales guy. Pretty sure some of them sold used cars before getting into cnc. You need all the specs sorted out, when its gonna be installed, etc. Document EVERYTHING, emails, paper,dates, names.

I never financed machines so my first cnc was 50% down and 50% after install, tech left with the cheque. 2nd was 30% down and 70% transferred after tech left after install. Some do the 30-60-10 thing, all depends and all generally negotiable ahead of time.

As to sending it back, well it might make a good threat to get someone to wake up sometimes, but in the end you either need the machine or you don't and what happens with your deposit is another story.
 
This kinda stuff is not unheard of post big show. Theres always a mad rush of installs post any big trade show, what ever industry it is in. Are you sure your extras are not there - being added at install? As a ex tech i can assure you its kinda common for a mass of base machines to be bought into country then delivered post shows with all the add ons being done on site, not by the normal few guys back at home base. This can cause the kinda grief your finding your self in, as a customer is expecting the delux model to show and all they have arrive is the base machine and a few boxes which unknown to them can easily contain all the upgrades. Sending it back may well not hold much sway, post show the techs are going to be installing based on spend and potential future spend, one off machine sales are not going to be top of there to do list.

That said not listing the full spec out and in writing is kinda crappy. Equally paying a 30% deposit on a verbal whilst maybe legally binding were you are is kinda stupid in this millennia. That said it should take little more than you writing out a list of the add ons and emailing it to confirm thats what your getting. if there now not honoring that verbal agreement, guess you get to find out how good that law is in your respective states.

Threats only work so far, presumably if you return it at this point they get to keep your 30%?
 
At this point I have probably more machine than they have deposit

Doesn't sound overly concerning to me.

If the two of you kan't git it worked out, they simply pick up their machine and give you back your 30%. Other than lost time (hopefully you are not on a big deadline) I don't see much issue. Like Adam just said - 4th quarter of most even years is a crazy time for install tech's, and the add-on is likely installed in the field.

The most concerning point IMO is that the guy's not responding. In 2018, a 3 day wait for a response seems like 3 weeks. So I kan't imagine someone that is not in ICU with no family to check his phone for him, or no boss at the home office checking his e-mail - that anyone that is of even any slight amount of credibility would not respond to pings.

I git that you don't want to say who the dealer is (at this point) but I can about imagine ....

Odds are it's not a Mori, Hardnge, Okuma, or Yamazaki....


I would have called the front desk at the home office a long time ago by now if no response from this guy.
I see no reason not to ask for the sales manager or ???
Who knows - maybe the guy got dead?


-----------------

Think Snow Eh!
Ox
 
Given reasonable time and effort to communicate at the appropriate level and being ignored or brushed off, I long ago lost my "worries" about being nice and afraid to hurt people's feelings. This is business. I will go right to the CEO if required to get action, it doesn't bother me one bit any more. I don't make a habit of it, and I try to follow channels whenever possible, but when you leave me no choice, I will go for the throat without hesitation. I'm going to protect my business' interest as best I can.

That salesman has a boss (regional sales manager most likely), start there with the question of does "xxxxxxxx" still work for your company, I can't seem to get a response to emails or other communications.
 
Thank you everyone for your input. One of the sales guys did end up dropping by the shop while I wasn't there and partner didn't tell me until after I wrote the thread. So we do have a new install date now, but doesn't seem to solve the problem with having everything in writing as they clearly didn't respond to multiple requests about it.

Maybe it's true that I shouldn't attribute to malice what can be perfectly explained by simple incompetence or poor practices, especially during the busier trade show season, but still doesn't give me a good feeling that I have to also rely on these people for support in the future. I will update as things progress, the delayed installation date is okay for us as we don't have time to do the training and put it to full use until the end of the year anyhow. Certainly the escalate up the flag pole is a good backup option I will keep in mind.
 
Given reasonable time and effort to communicate at the appropriate level and being ignored or brushed off, I long ago lost my "worries" about being nice and afraid to hurt people's feelings. This is business. I will go right to the CEO if required to get action, it doesn't bother me one bit any more. I don't make a habit of it, and I try to follow channels whenever possible, but when you leave me no choice, I will go for the throat without hesitation. I'm going to protect my business' interest as best I can.

That salesman has a boss (regional sales manager most likely), start there with the question of does "xxxxxxxx" still work for your company, I can't seem to get a response to emails or other communications.

I would add that depending solely on email communications is dangerous in that Microsoft has been changing things in Outlook that can create problems causing emails to be treated as spam and not get through to the intended recipient without the sender being notified.

Not saying that is what has happened but if you are getting no response, it is time to use other methods of communication to determine what is exactly going on.
 
I would not let "Herbert R. Tarlek Jr." any more time.

Start the inquiry now, and get someone higher up in the company, up to speed
on this sale, and it's delays.
 








 
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