Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. You do have a valid cause of action
here. The company is in default because they have sold you a generator that is defective. Since they have not responded well to your demand letter, you would want to first go to a competitor and determine the cost of a new generator to replace the one that you have that is faulty and determine the cost of renting a temporary generator while the one you have does not work. Then, file suit against the company seeking damages equal to: i) the cost of a new generator; ii) the rental cost of a replacement generator for all the time that you are without a generator; and iii) consequential damages...which are the profits lost due to the defective generator; although you can request consequential damages, it can be difficult to get them awarded. You will want to engage a civil trial lawyer to help you file this suit. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar
association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school. Once you file the suit, it is likely the company will settle this by giving you a new generator to avoid the cost of contesting this; it's unfortunate that so many companies require you to file the suit to get them to be responsive.
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