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Shock Testing Machine

02/11/2010 9:25 AM

We have manufactured a shock testing machine for our client as per their requirement. Now they are satisfied and the machine is technically accepted . Problem is that they are not taking delivery for unknown reason. Can we sale it to another customer ? Details of the machine are: Shock Test Bench with 3000 NM torque braking !500 amp & 18 V testing capacity for motors.

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#1

Re: Shock testing machine

02/11/2010 9:52 AM

If they haven't paid anything for it and you produced it by the quoted delivery date and it is now past that date and you have given them written notice of your intention and a fair warning period has elapsed, I'd say yes.

But I'm just some bloke on the internet - I suggest you fork out a few quid & consult someone who knows the law in your area, and who can give you an answer in writing that will stand up in court.

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#2

Re: Shock testing machine

02/11/2010 10:51 AM

This comes down to actually two separate questions.

First, is it ethical to sell this machine to somebody else including possibly your original customer's competitor? I believe that it is ethical for you to sell this machine to another customer. Your first customer did not buy the product, it is yours to sell. Your customer may have prepaid for all of the parts, but they are not taking the completed Assembly. It is the completed assembly that contains the value you have added. Your customer cannot modify that value without paying for it. If your customer does not want a competitor to use this machine, they can take the machine, pay for it, and just not use it.

Second, is it legal for you to sell this machine to another customer? This all hinges on what your contract with the initial customer states. It might state that all parts of this machine are their property. If they do not take possession of the machine you might be able to charge them an exorbitant storage fee, for it is taking up your manufacturing space. It might state that your initial customer must give you a partial payment and a stipulated reason for refusing this machine. (Thus paying for the snubbed value you have added.) If your customer completely defaults and doesn't pay you anything, then you will have to get your lawyers involved to determine when you can sell in whole or use the parts of this machine.

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#3

Re: Shock testing machine

02/11/2010 11:37 AM

redfred has given valid points of concern and consideration. GA for you, sir! To the issue of legality, I would add:

You tell us you manufactured this machine as per their requirement. Is this machine your CLIENT's design, or yours? If the design is their intellectual property, you will almost certainly have trouble if you sell completed machine to someone else without consent.

The client has given no indication of the grounds for refusing to take delivery? Very strange, this.

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#4

Re: Shock testing machine

02/11/2010 11:42 AM

My first answer, were is the propietorship held being you designed for them by there specs or to fullfill there specs. My second answer is I would get my hushpuppys on the pavement and have a clear face to face to clearify there intentions and proceed from there.

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#5

Re: Shock testing machine

02/11/2010 1:34 PM

All the above points are valid, but first you need to find out exactly why they are not taking delivery of the product. It could be something simple like a delay in the customers overall project or budget constraints (meaning delivery of this piece of equipment needs to be pushed back due to temporary lack of customer funds, etc), it happens.

Does your client intend to pay for the manufactured product? If you don't know, get on the phone (or have the relevant company manager do it) and find out (it could be just a simple miscommunication).

Sometimes the simplest answers are the correct ones. Let us know what you find out.

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#6

Re: Shock Testing Machine

02/11/2010 6:47 PM

You'll need to send us all the pertinent documentation relating to the details of communications, e-mails, quotations, negotiations, modifications, changes of scope, order details, construction orders, ALL ENGINEERING DRAWINGS and all change orders related to the design and manufacture of said equipment, first.

Then, we'll get back to you.

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#7

Re: Shock Testing Machine

02/12/2010 10:57 PM

what is shock testing machine & how does it work.?

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#8
In reply to #7

Re: Shock Testing Machine

02/12/2010 11:12 PM

Here, hold these electrodes and let me demonstrate.

Sorry, I just couldn't resist.

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Users who posted comments:

Anonymous Poster (1); Doorman (1); jack of all trades (1); JohnDG (1); johnnyb5 (1); lyn (1); redfred (2)

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