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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I purchased a $2000 vacuum from a salesperson who demonstrated

Customer Question

I purchased a $2000 vacuum from a salesperson who demonstrated it in my dental laboratory, all knowing it was to be used in my lab. Vacuum was used and it quit working (after 3 days to rescind the purchase). Read warranty, it read for household use only. Label on vacuum reads for household use only. Company refuses to refund money. Says they will repair. do I have any recourse?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

That is a good question. Based on your research into this company, do they have both commercial (industrial) and household brands available, or just one line of products?
Customer: replied 1 year ago.

The manufacturer is Filter Queen. Yes, they have a commercial line, sold by Health-Mor Industries. Saw them on website.

Expert:  Dimitry K., Esq. replied 1 year ago.

Julie,

That is a good question. Typically a sale of an item cannot be reversed if the item was used in a manner that was within its warranty or within the regular scope of business for that item. In your situation you are obviously claiming that the item was misrepresented to you as the seller knew that this was an industrial use cleaner but sold you the wrong item. This is a situation where you can threaten to take them to court and file suit for breach of contract and for material misrepresentation. Typically repairs are sufficient by the manufacturer but here the claim that you were knowingly sold the wrong type of equipment is a very legitimate argument. This likely wouldn't quite be a consumer protection claim, but you very likely can take them to small claims to sue for the return of your funds if they refuse to replace the item or return the money back to you.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38561
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Your answer said the seller new it was an industrial use cleaner. Seller knew it was not an industrial use cleaner. Also, what if they do not sell a commercial/industrial use cleaner. Any difference in end result

Expert:  Dimitry K., Esq. replied 1 year ago.

Julie,

Then there is a potential difference. Here, then, as there is no other product available, the manufacturer knowing that it sold it for industrial use, would need to modify the warranty to you and have it be covered under 'industrial use'. That moniker of 'residential use' is typically protection for the manufacturer (not you) that if it is broken by use beyond what it was designed for, they are not liable or responsible for repairs. Here, since the use was known by them, they would either have to agree to cover your residential item for industrial use and void out such language, OR replace it with equipment that they designed for your use.

Good luck.

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Dimitry K., Esq.
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.