Hello, I own a small used medical equipment wholesale company. I recently sold a used system for 5K to a broker named World Medical. They had us drop ship it directly to the customer which I hate to do. I did includeda 30 day warranty to world medical the broker. Now the customer wants to return the unit for very sketchy reasons and I feel like I might be taken advantage of. I know they own a similar machine and I fear they make take parts off mine or simply send me their old one back. Also if I blankly state 30 Day warranty" is that from the date of invoice? Or date received? I stated specifically "customer may return unit withing 30 days to our facility" on the invoice dated 5/21 (the customer being world medical) The invoice date was 5/21. Am I obligated to take it back if he sues me? Or can I simply refuse shipment? It is a large piece of freight. He is in New Your and I am in Atlanta. The transaction was done through the mail at my place of business in GE. Can he make me come to NY to defend a 5K lawsuit if I tell him no? Once before somehow it happened and a guy in NEW YOUk filed a smalll claims case files even though the business was done here. PLease advise? Thanks again for your help!!!
Country relating to Question: United States
NothinG. nEED ADVICE...
Thank you for the post, I am happy to assist you by answering your questions. It would be 30 days from the date received. You have an obligation to honor the warranty you offered, however the customer must place the item in the mail to be received by your facility within 30 days of customer's receipt for the warranty to apply. Also, the customer would have to sue you in your home state of GA unless you have an office or business presence in NY. If the customer files in NY, you can have NY counsel file a motion to dismiss the suit for lack of personal Jurisdiction. Please let me know if you have any follow up questions.
So it makes no difference if the customer himselh has sold the unit to another person entirely? This does not affect my liability? It think it is very unfair because I have no way to know what or not has been done tio the product. So even if a unit is sold again to another customer entirely I need to honor my warranty? So what happene when I receive back a different or parted out unit. Then since I have already accepted the return I will be shit out of luck? Will I not?
Thank you for the follow up Dylan, did you stipulate that your warranty was nonassignable or nontransferable? If not, then the warranty runs with the unit. If you receive back a different unit or different parts on your unit, your recourse would be to sue the party whom you sold the unit to as well as the party whom ultimately returned the unit to you as this would represent a breach of contract and fraud. Please let me know if you have any follow up questions.
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