We bought what was supposed to be a heat pump in 2010. After calling a cooling technician to find out why it didn't heat properly found out that it is an ac unit, not a heat pump. the seller said that their employee had written the order wrong, apologized and sent us a replacement unit. It was the wrong tonnage unit but at least it is a heat pump. We decided to keep it but had to order an air handler for it. The air handler came two days ago, we haven't had time to hire an air condition installer to swap the new one out with the wrong one, and the company we purchased the unit from is threatening us with being turned over to collections if we don't buy the new replacement unit they sent. We paid for the firsr (wrong) unit and the airhandler we had to buy, also for the installer. Does this company have a leg to stamd on ordering us to buy the replacement unit?
Country relating to Question: United States
State (if USA): New Mexico
Talking with their rep, the one who threatened us
If they ordered and installed the wrong unit, they are liable to you to make the entire situation correct and if they fail to do so then you have a right to sue them for Breach of Contract and breach of the Implied Warranty of merchantability as they were supposed to sell you a unit that heats and cools and this unit does not fit that purpose, they are liable for that.
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