Hi,
I have purchased a vending machine which the lease finance company paid the vendor for up front and the supplier after 7 months has failed to provide an operational vending machine. The supplier stated that the machine was ready for collection in November 2018. When a collection attempt was made in January this year the supplied disappeared on the day of the collection siting that he had to attend a service call and the removalists were early.
The early part is correct but his version of the event on that day conflict with what he told me. The leasing company and the removalist. Police have advised that this is a potential fraud matter but a criminal prosecution will not recover funds. The lease company is claiming a clause in the lease agreement"1.3 The owner is not responsible for any delay in delivery or any damage, defect or loss, arising out of the installation or set-up of the equipment.".
They have offered to delay lease payments. But this does not resolve the issues as it is quite clear the supplier has no intention of supplying the machine. If they attempt to recover funds from me where do I stand considering they want me to pay for equipment that I have not received? I have previously advised them to commence recovering action on the supplier due to the circumstances.
Their latest reply states that they believe that the supplier will supply a fully operational machine and asked on what basis they have formed that understanding considering the past history of these issues. I have also asked them whether they intend pursuing myself or the supplier that they have paid $14000 to for a machine that has not been supplied. I am based in N.S.W the supplier is based in Queensland.
Thank You.
I have purchased a vending machine which the lease finance company paid the vendor for up front and the supplier after 7 months has failed to provide an operational vending machine. The supplier stated that the machine was ready for collection in November 2018. When a collection attempt was made in January this year the supplied disappeared on the day of the collection siting that he had to attend a service call and the removalists were early.
The early part is correct but his version of the event on that day conflict with what he told me. The leasing company and the removalist. Police have advised that this is a potential fraud matter but a criminal prosecution will not recover funds. The lease company is claiming a clause in the lease agreement"1.3 The owner is not responsible for any delay in delivery or any damage, defect or loss, arising out of the installation or set-up of the equipment.".
They have offered to delay lease payments. But this does not resolve the issues as it is quite clear the supplier has no intention of supplying the machine. If they attempt to recover funds from me where do I stand considering they want me to pay for equipment that I have not received? I have previously advised them to commence recovering action on the supplier due to the circumstances.
Their latest reply states that they believe that the supplier will supply a fully operational machine and asked on what basis they have formed that understanding considering the past history of these issues. I have also asked them whether they intend pursuing myself or the supplier that they have paid $14000 to for a machine that has not been supplied. I am based in N.S.W the supplier is based in Queensland.
Thank You.
