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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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We are a recycling center, and we bought a horizontal baler

Customer Question

We are a recycling center, and we bought a horizontal baler from Maren Engineering Corp. The baler has been a pain in the ass since we have it because it is not designed and built heavy duty enough for our type of business. The salesman from Maren had visited our facility few time, and they knew what type the business we are, and what kind of the equipment we need, then they suggested us with this baler. We have this baler for little over a year, and the cylinders have been broke four time already, also there are other problems too. It's money loss and time loss for us. Can we sue Maren, or if there is other things we can do about this. Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of litigation experience (and grew up in a farming family). It is a pleasure to assist you today.
The answer to your question is, yes, you can sue them for negligence, fraud and bad faith business practices. In order to prevail, you are going to have to show that their representative either knew of should have known that the piece of equipment that he sold was not up to the task.
To show negligence, you must show a duty on the part of the company, breach of that duty, that breach leading to damages and you must proves your damages.
I think this is a case that you can certainly win under the circumstances.
Let me know if you have any other questions.
Best
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible moving forward. Thanks!