What is the name of your state? Maryland
In June of 2000 I purchased a wood chipper for $21K
In May of 2002 it was last in for its "yearly check up" and got a clean bill of health.
In June of 2002 the machine was involved in a rollover accident that took the "authorized service rep" and the manufacturer until November 2002 to repair, at an expense of $8K (paid, reluctantly, by my insurance company)
When the machine was brought in after the accident it was obviously leaking oil but, throughout the 5 months and two different service organizations, no assessment was ever done to the engine or its components...NONE. The oil was leaking badly enough that during the final spray painting, they painted over the leaking oil, which I photographed the day of the return of my machine, in November. The machine still has major cosmetic issues, which the manufacturer is "working" at resolving however, we are now informed the engine is cracked...NOT a result of the accident but a "factory defect" which was present during the casting of the engine.
A third rep was brought in to assess this (the engine manufacturer) and they agree the engine must be replaced...another $8K but, since it's not part of the accident damage, insurance has stepped down.
NOW, the engine mfg rep says, since the warranty has expired (yup, as of June 2002!!), they will do nothing to remedy this!
I have researcehd the Magnuson Act and the Maryland Uniform Commercial Code and still think "implied warranty of merchantability" should stand on its own.
Anyone have any input or actual case law I can look up to back me up? I hired an attorney but, my $500 gets me a letter of demand to all parties involved and, if these guys still won't budge, I want to save a few bucks on the rest of the research hours (billable at $150 each!!).
The chipper is a vital piece of equipment to my tree business and, over the six months it's been gone, many jobs were lost due to the delays to the accident repairs. It even cost me over $3000 to rent a chipper, in the beginning of the repair "cycle", thinking I would have my machine back within a month, as was originally estimated. The same facility that did the yearly check up started the accident repairs but had to be removed from the job after they couldn't complete by August. It's a lengthy, drawn out thing but I really need some solid stuff to go forward with!
Anyone out there with any familiarity?
Please respond! Thanks.
In June of 2000 I purchased a wood chipper for $21K
In May of 2002 it was last in for its "yearly check up" and got a clean bill of health.
In June of 2002 the machine was involved in a rollover accident that took the "authorized service rep" and the manufacturer until November 2002 to repair, at an expense of $8K (paid, reluctantly, by my insurance company)
When the machine was brought in after the accident it was obviously leaking oil but, throughout the 5 months and two different service organizations, no assessment was ever done to the engine or its components...NONE. The oil was leaking badly enough that during the final spray painting, they painted over the leaking oil, which I photographed the day of the return of my machine, in November. The machine still has major cosmetic issues, which the manufacturer is "working" at resolving however, we are now informed the engine is cracked...NOT a result of the accident but a "factory defect" which was present during the casting of the engine.
A third rep was brought in to assess this (the engine manufacturer) and they agree the engine must be replaced...another $8K but, since it's not part of the accident damage, insurance has stepped down.
NOW, the engine mfg rep says, since the warranty has expired (yup, as of June 2002!!), they will do nothing to remedy this!
I have researcehd the Magnuson Act and the Maryland Uniform Commercial Code and still think "implied warranty of merchantability" should stand on its own.
Anyone have any input or actual case law I can look up to back me up? I hired an attorney but, my $500 gets me a letter of demand to all parties involved and, if these guys still won't budge, I want to save a few bucks on the rest of the research hours (billable at $150 each!!).
The chipper is a vital piece of equipment to my tree business and, over the six months it's been gone, many jobs were lost due to the delays to the accident repairs. It even cost me over $3000 to rent a chipper, in the beginning of the repair "cycle", thinking I would have my machine back within a month, as was originally estimated. The same facility that did the yearly check up started the accident repairs but had to be removed from the job after they couldn't complete by August. It's a lengthy, drawn out thing but I really need some solid stuff to go forward with!
Anyone out there with any familiarity?
Please respond! Thanks.