Grover Machine Company — Defective machine manufacturing
We entered into a contract with Grover Machine in 2004 to supply a combination 3” downpipe elbow machine. The delivery time was supposed to be 4 months. After we received the machine which was several months late, it did not work properly. The downspout machine would not manufacture a proper downpipe and elbow in aluminum or steel, to meet industry standards. A Grover Machine technician came up and tried to get the machine to work. When they could not get it working properly, Grover told us to send the entire machine back to their plant in St Louis, Missouri. After many dealing, several months later we received the machine back and again it did not work properly. When Grover machine technicians came up again to try to get the downspout machine to work properly and couldn’t, Grover Machine said to send it back again. Several months went by and little or no progress was made to get us a 3” downspout machine that worked properly. Grover said they were working on it. In the mean time we were losing downspout business daily. By gross lack of performance it was apparent that Grover did not have the capabilities to build a proper combination 3” downspout and elbow machine. Over a year went by and we still did not have a 3” downspout and elbow machine that worked properly. We became increasingly more concerned when Grover Machine failed to respond to our calls and letters regarding their breach of contract. We then talked to several other people who had a similar experience with Grover Machine and equipment that did not work properly. After many calls, letters and threats to start a legal action, Grover finally agreed to supply us with another 3”downpipe machine. They sent us a used downpipe machine to use in the interim. Even that machine didn’t work properly. When we finally received our third machine in 3 years it worked better than any of the other ones they made but it did not make a proper downspout in the different gauges of aluminum and steel that we had specified.
Over the last 3 years we have called, emailed and tried to get Grover Machine to refund us the money for over the $100, 000.00 we paid them for the machine 7 years ago. They failed to respond to any of our correspondence. We finally received a letter from their lawyer who said their warrantee has expired on the machine. We responded that the machines never did work properly, right from the very first machine they built us, the machine did not manufacture different gauges of aluminum and steel downpipe and elbows, that we specified in our contract. As well Grover Machine advertises a 5 year equipment warrantee on their website. Is this false advertising? Grover Machine is in Breach of Contract and is ignoring us and the hundreds of letters and phone calls and thousands of hours of time we have spent in trying to get them to build a proper machine to make 3” downpipe in the last 7 years. We have suffered hundreds of thousands of dollars in damages from our dealings with Grover Machine Company.