ComplaintsforIce Pop Equipment Inc

• Initial Complaint

  06/27/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On 10/9/2021 we received a Nevemex SPT-300 Ice Pop Machine and a Nevemex Cuali 100AT Ice Cream Machine from Ice Pop Equipment located in **********, **. Both machines came with a 3 year warranty per manufacturer information, salesman verbal guarantees and signage on the equipment. On 10/28/22 the ice pop machine pump failed and Ice Pop Equipment refused to honor the warranty. After 10 months, Nevemex agreed that the warranty claim was valid and forced Ice Pop Equipment to repair the machine at no cost to us. This repair was completed on 8/23/23 resulting in an estimate of $20,000 in lost sales for the 10 month period the machine was inoperable due to their refusal to honor the warranty. On 6/21/24 the ice cream machine broke and is failing to maintain the correct temperature. Ice Pop Equipment is refusing to honor the warranty by stating that Nevemex informed them that the warranty is 3 years only for machines sold in ****** and 1 year for machines sold in the **. This language is not on any written contracts, marketing materials or on the signage located on the equipment. The equipment advertises a 3 year warranty with no exclusions noted. Based on these 2 instances of breach of warranty, I am seeking a refund of $2,000 for the estimated repair cost of the ice cream machine and $20,000 for the consequential damage resulting from the inability to use the ice pop machine for 10 months during the previous claim.

  Business response

  07/29/2024

   

  Hello *****,

  We have communicated with ****************** about this issue. The machines have been out of warranty since 2022. These machines come with a one year warranty and he mistakenly assumed they had a 3 year warranty because the manufacturer accidentally placed a sticker on the machines they use for the Mexico market. Warranty for the U.S. market is one year from delivery. Ice Pop Equipment never has offered more than one year warranty and warranty claims must be approved.

  
  The pump was damaged by the customer due to the filter not being cleaned by the operator of the machine causing cavitation and pump failure.  This was verified by our technician when they began troubleshooting with the customer.  Our technician was informed that there was a plastic cap blocking the flow of the pump .

  
  As far as the refrigeration leak, that falls out of the one year warranty provided for the machine.

  
  Under warranty terms, Ice Pop Equipment does not cover revenue loss due to machinery component failure. That would fall under the scope of the customer's insurance policy.

  
  Please let me know if you have any further questions.

   

  Kind regards,

  ***********************, III

  Customer response

  07/29/2024

   
  Complaint: 21911005
  
  I am rejecting this response because:
  

  This response from the business makes no legal sense and is also simply not true. ****************** confirms that Nevemex "accidentally" placed a 3 year warranty sticker on my machines. Even if that were true, by law, this application advertises a 3 year warranty for the machines. If the sticker was applied by the manufacturer as ****************** confirmed, their refusal to honor the warranty is either false advertising or breach of warranty, both of which carry significant civil penalties. 

  Second, ***************** stated that the warranty on both machines expired in 2022. This is false because the Nevemex SPT300 paleta machine with the failed pump was fixed under warranty by Nevemex in 2023. On August 23, 2023, ******************** and ******** from Nevemex both came to our location and fixed the machine under the warranty at no cost to us. Also, the original reason *********************** told me the warranty was denied was because it was an "electrical issue" not covered under the warranty. The "1 year" warranty was never brought up at that time. Irregardless, Nevemex and Ice Pop Equipment both sent a representative to our location to fix the machine at no cost under the warranty in 2023. This acceptance of the warranty liability is undeniable and no longer up for legal debate. The expense for lost revenue is not covered under any insurance because it occurred due to breach of warranty by Ice Pop Equipment. This makes them liable for the approximately $20,000 in lost sales as civil damage caused by a defective product. 

  Finally, the current issue of the Nevemex Cuali ice cream machine refrigeration leak is clearly covered under the warranty and for the reasons stated above, the legal obligation to honor the 3 year warranty is undeniable. I have already had the machine repaired at a cost of $1,718.75. 

  As an act of good faith, I am willing to accept payment from Ice Pop Equipment for the repair cost of $1,718.75 and forgive the liability of $20,000 in civil damages caused by their previous breach of warranty. I also communicated this same offer to *********************** on 7/23/24. I sincerely hope that Ice Pop Equipment accepts this generous offer to put this issue behind us without the significant expenses they will incur if this issue is forced to be placed into the legal process. 

  Sincerely,
  
  *************************

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