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Ronan, Attorney
Category: European Law
Satisfied Customers: 2253
Experience:  Attorney
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Manufacturing Fault......I have bought approximately 50ks

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Manufacturing Fault......I have bought approximately 50k's worth of sports equipment from a UK company which is now defunct. It has some to light in the past few few months, about 1 year to 18 months after purchase that there is a manufacturing fault which has caused most of the machines to breakdown. This has cost me a great deal in engineering repairs and loss of my revenues from fitness studio business. The repairs at this time are no more than temporary as an engineer, not associated with the company who sold me the equipment, is loooking for a permanent solution. It ıs pointless in me suing the company who sold me the machines as they are bust. Can I sue the manufacturer directly? By the way I am based in Turkey and it was a Turkish company that purchased the equipment manufacturer is a large and well known German company. The company who sold me the equipment is a British AIM lısted company which still has it's listing but which is basically defunct.

Yes, you can sue the manufacturing company but you will be suing them for negligence rather then for breach of contract as you had not contracted with them. Essentially the case is that it was reasonably forseeable that an end user would be caused lose as a result of the poor manufacture of the machines. There is also a Defective Products Act which will also assist you in relation to this.

Customer: replied 4 years ago.

Good! Do I need to use a lawyer in the first instance or write to the manufacturer directly? If a lawyer should I retain a lawyer here in Turkey of a German lawyer or both? I assume that I will need to provide a technical report regarding the manufacturing fault as well as evidence of expenses related to repair and loss of revenues. How does one deal with loss of reputation through the market (and the competitors!) becoming aware that we were using and selling faulty equipment? I have not yet researched the Defective Products Act but are there any particular sections you would wish to draw to my attention?. Many thanks.

You are best served retaining a lawyer in Germany where the company is based. You can write initially and if you have no satisfaction, engage a lawyer in Germany. You will most likely need an engineers report in relation to faults. Loss of reputation and goodwill can be included in the legal writ that your lawyer prepares. Specific sections of the act will depend on the nature of the faults and your lawyer will deal with this
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Customer: replied 4 years ago.

I have not forgotten you and will rate your service after receiving an answer to the following question. The equipment in question has been financed by a third party finance house whose owner is '' a close friend of and advisor'' to the CEO of the company which has been selling the faulty equipment. Indeed said third party equipment financer is now trying to the buy the equipment IP from the ultimate owner of the distributor of the faulty equipment. The third party equipment financer, who is clearly close to the company that is distributing the equipment, has been aware of design faults (public knowledge) and manufacturing faults (now possible) to prove but has been happy to see the machine marketed and sold from the inventory of machines that he has financed. However, the third party equipment financer claims no responsibility for the performance of the machines and continues to refer me to the company that ordered the machines in the first place, company which as I previously informed you, is, to all intents and purposes, now defunct. Certainly the CEO of that company says he is no longer involved. What, if any, liability does the third party equipment financer have in the circumstances so described? Many thanks.

None whatsoever, he is simply a financier. He simply financing the company in the same way a bank might
Customer: replied 4 years ago.

I have no interest in dealing with this''expert'' now or in the future...

All the very best then