Rejecting faulty goods

We recently bought a new automated production line. The key part of the specification was for the line was to fill and pack at least one unit per second. When fitted, its maximum rate is one unit is 30 units every two seconds. We have had to add a second shift to compensate for the slow performance. What recourse do I have? Can I ask for my money back or get refund, or get compensation?

Rodney Hylton-Potts, leading litigation lawyer said;

The starting point is to read any written terms and conditions (‘small print’). There the buyer makes it known expressly to the seller of a particular purpose for which the goods are bought, there is an implied term in the contract that they will be reasonably fit for that particular purpose.

Since you informed the manufacturer that the line needed to fill and pack at least one per second, its failure to do so is a breach contract.

If you keep the goods for too long without rejecting them, you lose your right to reject and will have to make do with a claim for damages instead. This is a key area where people make mistakes.

Requesting repairs does not, of itself, amount to acceptance of the goods and you should be entitled to reject the equipment and get your money back. You can also recover damages for reasonably foreseeable losses arising from the failure to achieve the specified speed.

In this case, that would be the cost of an extra shift.

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