Milam's Equipment Sales, Inc.

There are some discrepancies with the claimant. The machine was delivered to the customer on 02/04/2016. The machine was purchased for $45,- Delivery was $1,and he purchased a new undercarriage for the machine that cost $10,- That is how the cost totaled $56,500. Also,
the first complaint to Milam's in reference to this machine was last week (05/or 5/11) and the owner was out of town at our rental lot. *** and *** both called those days and *** informed them he was out of town. On 05/*** called and spoke with *** in reference to the machine and the alleged issues with the machine. Then on 05/18, *** called and spoke with *** again in reference to the machine.
When the owner spoke with both parties he explained that we did everything that we agreed to on the machine. It was sold and WHERE IS. Please see the attached invoice, signed by the customer showing that he agreed to the Terms and Conditions listed on the final invoice. When *** was selling the machine he ask if they wanted to come down and inspect the machine since they were only 1/hours from us and Bill declined stating he was just going to purchase the machine sight unseen. *** sent before and after repair pictures and nothing was said in reference to the items that are listed in the complaint. *** stressed to both parties why would you wait months to call in reference to issues on the machine. Why was it not addressed at time of delivery or within a week of delivery? While speaking with *** he told *** that he needed to sell the machine to purchase an excavator. He was only going to use the machine purchased from Milam's for a couple of months. Also during the conversation with *** he agreed that the window could have been broke during transit. He also stated that after thinking about it he did purchase a machine that was over years old
Attached you will see the sales advertisement on the machine. He has the machine advertised as being in top notch condition. He also states the machine has heat, a/c and machine is ready to go. Also attached you will find equipment dealer has the machine advertised. Please look at the highlighted areas that his dealer is saying in reference to the piece of equipment. Anyone in the equipment business knows that when purchasing a used machine the machine will not be in new condition
The customer had the opportunity to come and inspect the machine, which he refused. It is a used machine sold under the terms and conditions of the signed final invoice

I have reviewed the response offer made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
The first call I made to Milam was on April 11thThe attached phone bill highlights this call from my cellIt was at this point that *** said that he would talk with the owner and get back with meIf necessary, I can provide documentation of the other attempts at getting the owner on the phoneI kept being told that someone would call me back- but it never happened. There has never been any agreement, verbal or in writing, that outlines a sale of a used machine for 45,and then the undercarriage bill with a delivery feeIt was the sale of a machine that was to be "work ready" and "tight" (in the words of the salesman ***)Before delivery, *** went to the extent of telling us that on his inspection, he found a gauge that didn't work- and he had made sure it was fixed so that we were receiving a machine that needed nothing.It is a hour drive from *** to ***, not hoursAnd there was never a call where *** told *** to come inspectWe were dealing with a big equipment company and there was an element of trust involved and a feeling from our end that the company cared about their reputationWe had an oral contract with *** to receive a machine that needed nothingHe verbally said that it had working AC, radio, etc.- the point was that it needed nothingSure it was ten years old, but it had been maintainedWe didn't expect the window to be held in by duct tape and yes- we did expect the AC to work.Ed, the owner continues to cling to this ad being run to try to discredit our wordYes, the machine is for saleThe machine is advertised as being in good shape- in relation to the fact that we will have to fix all of the issues before someone will buy it from usThe broker has told interested parties that all issues with the machine will be fixed prior to a sale taking place for the amount that we are askingI was told by the broker last week that the lack of interest in the machine probably is a result of him telling prospective buyers that we have to fix things before selling itWe intend on dropping the ad and taking the machine to get repaired by *** *** *** CompanyThis is of course now that Ed isn't agreeing to repair the items we were told worked prior to the purchase.I would also like to mention that the machine was delivered at a date much later than what was initially promisedAs a result of this, one of the jobs we had bought it for had ended- and the machine sat in storage for a few weeks before I saw it and operated itAgain and as indicated by the attached phone bill- I first contacted Milam on April 11thThis proof alone is enough to see what level of honesty we are dealing with on behalf of MilamAnd if this purchase was for 45,000- please let me see the documentationWe were told the machine would need nothing when it was delivered to us and it needs a number of things to get it to where it can comfortably be operated. Regards,
*** ***