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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22964
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We purchased a machine from a NZ company, and paid deposit

Customer Question

We purchased a machine from a NZ company, and paid deposit in May this year, it was supposed to deliver in 4-5 weeks time but the buyer keep saying it was delayed and will be delivered in another 10 days, etc. Well we are still waiting after we paid money 4 months ago.
Is there any legal action we can take to ask for our money back? If so what shall we do?
Many thanks,
Lily (business owner)
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.

You are now in the position where you can cancel the contract and ask for your money back because they have not performed the contract within the time which they promised. If they refuse to give you the money, then you may have to bring a claim against them. If this is below $15,000 you can bring a claim in the Disputes Tribunal but for greater than that you need to go to the District Court. You don't need a lawyer in the disputes Tribunal and you can make a claim on line.