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Global Equipment / Elvaria yogurt (Frozen dessert) machine

1 Canada

I purchased an Elvaria yogurt/frozen dessert machine on June 2ND. This machine had been repeatedly presented as "brand new" and I believe it is. However an integral part of the machine is missing this part being the tubes which release the product from the hopper into the freezing cylinder along with the air required to fluff up the product and make it edible and saleable. I had not picked the machine up and only discovered the tubes were missing about 10 minutes after we had left the company. I mentioned the tubes to my husband who had gone to look at the machine and he looked at me with a shocked look and said he didn't see the tubes. I immediately called the company and expressed my concern to [name removed] , (on speakerphone) who seems to have some authority there. I explained to him the need for the tubes and how if there was no way to get the air and product into the freezing cylinder together then the machine would be useless. He said he would "investigate" and if I couldn't use the machine at my business he would reverse the sale. I waited until Tuesday morning but no one called me so I called them and asked for the sale to be reversed as they obviously hadn't found the missing parts. [name removed]., the receptionist said no one was available but someone would call me before end of day. No one had called by 4:50 so I called back and was told someone would call me Wednesday by 9:30. No one called. At around 10 Wednesday I called them back and spoke with [name removed] who told me the machine would make ice cream? I told him that it wouldn't without the air tubes. He said he would go and look for them. Around 11:30 no one had called back so I called again. [name removed] said he didn't know what he was looking for and was checking to see if they could be purchased on ebay. I became a little irate and [name removed] offered me [name removed] 's cell number but I was driving at the time and couldn't take it so [name removed] said he would have [name removed] call me. I emphasized that I would like to be contacted that day as my husband was scheduled for angioplasty the following day and I wouldn't be available and he assured me that [name removed] would call before 5 and stated that he didn't think it would be an issue for the sale to be reversed. [name removed] has never returned any call and the sale has not been reversed. I reviewed the sale manifest and found that they had sold 2 separate items of "extra yogurt machine parts". These machines don't come with extra parts to my knowledge. I feel that this company misrepresented the machine as when you purchase an item "brand new" you expect all the parts to be with it. I also feel that [name removed] has broken a verbal contract by not reversing the sale and apparently refusing to return my calls or speak with me at all. I sent them an email on Friday advising them that I was disputing the charge for the machine but they have not responded to the email either.
The whole "equipment auction", (their words not mine) was a misrepresentation as it was not an auction but a sealed bid. One of the items I had put an amount on which had been accepted by the bank was sold out from under me by them and another of the items was missing a leg and the seals that belonged with it. The leg was definitely on it when I sent my original offer to purchase.
I feel that in the circumstances the company should be reversing the sale on the yogurt machine although it would not upset me at all to return the other items and reverse the entire sale. They have been a true nightmare to deal with.

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