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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2606
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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We have a lease agreement with Konika Minolta for 5 years.

Customer Question

Good day, we have a lease agreement with Konika Minolta for 5 years. The salesperson promised us that the machine could handle our volumes, but it cannot. The technician is here every single week to try and fix the machine, but the fact is that the machine cannot handle our volumes. Is there any way that I can get out of that contract?
Submitted: 9 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 9 months ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Without having seen the contract it is difficult to say but from experience I know that these companies are usually willing to assist if there is a problem. You can always try and negotiate a upgrade machine for your business based on what you told me.

If the machine is on a lease and it is not working properly, there would be something in the agreement that would enable you to demand that Minolta should repair the machine properly in order for you to use it as you would like to without having to phone in a call once a week.

I would suggest you get an attorney to assist you with this if the negotiation has failed, in order to ensure that you handle it correctly. He will formally demand that the machine be repaired and place them on terms and if they do not repair it, you will be entitled to cancel.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.


Customer: replied 9 months ago.
We have asked them to repair the machine at least once a week since we have received the machine. The main problem is that the machine cannot do what they have promised us that it can do. It is too small. We have made endless complaints and they have already replaced the machine with another similar one that also does not work. We print high volumes of legal documents everyday and this machine cannot do it. Can we perhaps ask another attorney to represent us in cancelling the lease agreement based on the fact that we have already made so many complaints about that machine?
Expert:  Freddie Lombard replied 9 months ago.

Yes indeed you can, depending on the contract as I mentioned before.

If they guaranteed that the machine will be able to handle the volumes (off course this assumes that you told them beforehand the volumes you print, and assuming this volume has not increased), then they will be in breach of the agreement (guarantee) if the machine fails to perform and cannot handle the said volumes.

Please remember to rate the service.


Expert:  Freddie Lombard replied 8 months ago.

Hi there,

I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards