California Business Machines Reviews (%countItem)
California Business Machines Rating
Address: 4260 N Fresno St, Fresno, California, United States, 93726-3115
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I purchased two copier machines cash, the first machine was purchased about 8 years ago; the 2nd machine was purchased about 6 years ago. When I purchased the machines were purchased/negotiated directly with the Owner of California Business Machines (CBM), Mrs. ***. At the time of purchase of each machine, Mrs. offered me a Maintenance Agreement which consisted of: Complete installation of the machines, connection with internet/computers, fax, etc.; toner whenever was needed at no additional cost, complete maintenance to the machines if the machines needed parts or if the machine was broken (the parts would be replaced at no additional cost), office visit to fix the machines at no additional cost, phone calls from the experts in case the machine needed something that could have been fixed over the phone at no additional cost, complete installation of the machines). The cost of the maintenance agreement ranged from $30.00 - $59.00 per machine per month. Through the years that I have the machines, I paid CBM about $7000-$8,000 (Seven to Eight Thousand Dollars) for the maintenance agreement. I always paid my monthly dues, a couple of times I paid a little late since the invoices were overlooked, but CBM always received the payment for our agreement. Since I owe the machines; I always took very good care of them that seldom I needed repairs or maintenance. They provided toner when needed, they repaired machines when needed; however, in March of this year both of the machines started to fail and the "Time for Maintenance" message was displayed on the screen. I made an appointment for the maintenance service guy to come to my office in Mendota to check on my Kyocera KM-2050 machine since it was making a squeaky noise and it was my "Income Tax Season - a season very busy for me" When the service guy arrived to my office he was very surprised that he was called to serve my machine and he mentioned: "This machine has been obsolete for several years now, it's impossible to fix it since we no longer have part for this machine" He was able to fix my drawer, but since there weren't parts for it, he used a screw to hold the drawer and fixed it; however, it was not the right way to fix it. He also mentioned that the drum of the machine was going to give up soon and that nobody would be able to fix it anymore. I was upset, but I guess I was very disappointed since I've been paying for all these years and I was never informed that the machines no longer have parts to be replaced and the machines would not be functioning anymore soon. Since I was pretty upset about the whole situation I personally went and visit with Mrs. ***; when I met with her, I explained the situation, I mentioned that we had a contract and that such contract had been broken and I was not informed of the situation, less I was informed that the machines had been obsolete for years. She noticed that I was very upset and disappointed; so, she told me: "Sometimes the machines are too old that we don't have parts anymore that we are unable to fix. We still have some of these machines contracted with ***, but I'm not sure if we have parts or not". She also said: Don't worry about the machines, these machines are old and unfortunately we would not be able to fix them anymore, especially if the drum dies, but do not worry; I will look for a couple of machines and I would swap them for you for free" I felt that she felt bad that she/CBM had not complied with the contract and was not going to be able to full-fill her obligations and I trusted her since I thought that she was willing to make this a win-win situation since I told her that I was very upset about the situation. She repeated: "I will look for a couple of machines and I would swap them, I will call you when I have the machines", so left her office and I felt it was a great meeting. Few weeks later Mrs. called me to announce that she had the two machines, I was very busy since it was Income Tax Season that I went to check on the machines late May. She said: "I have your machines, go to take a look so we can swap them". Her employee took me to the warehouse behind the building when I saw the machines I was disappointed since the machines were not at all similar to mine in any way, they were smaller, they seem to be older models than mine; so I went to her office and told her that I didn't like those machines that they were smaller and older, so, she said OK that's OK; I will look for other machines. When she let me know that she had the other 2 machines I went back to her office to tell her that those machines were much better, that I liked them and that I was ready to make the swap. She told me I would prepare everything and I’d send you information. To my surprise a few days later she emailed me a new contract, but on her contract, it was written that the machines are loaners and that for me to take those machines I had to sign a 3-year contract. I went to talk to her, she told me that the machines were not going to be swap that the machines were going to be loaners and with a 3 years contract or there wasn't a deal. I was frustrated and mentioned that I was going to think about it and get back to her. After that meeting, I send her emails explaining my frustration and I asked her what about swapping the machines? What happened to that? She said it would cost me money to swap the machines the ones I offered you are $2,500 each machine so I won't swap the machines. I took with me to her office my accounts payable sheet to showed her the amount that I had paid to CBM through-out all these years; it was over $6,000 and I told her the machines had been paid already since you are not able to honor your contract I think if would be fair to swap the machines as agreed in the past, she told me not. Few weeks after I sent her another email, we went back and forth about the machines, the money paid for the maintenance agreement and that her company was not complying with the contract, that she had broken our contract, but she said that she was firm about the situation and that it would be better if I go with her competition. I didn't respond to that email so after a few weeks of deciding what to do, I had decided to take her to court.
I will try to keep my response short, but if you need more, I can send you numerous emails to *** and to our support team explaining the issue.I sold *** 2 older Kyoceras, one 8 years ago for $463 and the other 6 years ago for $500 - both less than our cost, especially since we included delivery, installation and connectivity. She then decided to put them on our full-service maintenance program. When our minimum maintenance plans increased in price due to annual increases, I worked with her to authorize a lower minimum plan due to her seasonal use and limited budget. I also waived our normal annual increases. Our service agreements state that either party can cancel with a 30 day notice. We will service machines with or without contract for as long as they perform to spec and we can get parts. Eventually, parts and supplies are not available. When copiers or any equipment is at end of life, it is not our obligation to replace them or refund any service that was already received. Again, I offered *** a solution to help her out. I told her I could offer her no charge rent on 2 newer used machines that were still serviceable at the same minimum base service she had been paying. We refurbished 2 used copiers that were newer and higher featured than the older ones she had. When she finally came in to look at them, she didn't like them because they weren't as tall as the other models - and too low for her in her very high heels. Again I accommodated her somewhat unreasonable request considering I was offering her "free" machines. We refurbished 2 more which she saw and liked. When I sent her the rental/maintenance agreement to sign, she then said I told her I was "giving" her these 2 machines. She came in and I explained that I could sell her them for a good price; but that I was only providing them as part of her maintenance agreement.Then, she has sent me two rather nasty emails accusing me of bad things...and telling everyone she knows not to do business with us. That she has paid thousands in service with little to show for it. She has never paid over the minimum for maintenance. She always had the choice to cancel maintenance and go on time and materials. We certainly do not owe her anything for her purchase 6 & 8 years ago of used machines.After several attempts to try and explain nicely, I finally told her that if she didn't like the way we did business, she was free to try elsewhere.
I am rejecting this response because:
I have a contract for the two Kyocera machines which I purchased cash. At the time of purchase contracts were agreed upon. The agreement/contract consisted of parts and maintenance would be provided to both machines when needed at no extra charge. She never, ever mentioned that when machines are at the end of life there was not their obligation to replace them and I do agree; however, she knew that those machines were almost at the end of life and never said anything, she being the expert I always trusted her good judgment. She just continue to bill for something that problably was already dead for her, why charge somebody something that you know that you would not be able to serve in the near future or in the future at all, so she can say that it was not her obligation, that is called "BAD PRACTICE".The relationship was great until I all of this happened and it was mentioned the contract was broken/breached for not providing maintenance to the machines.I've paid on a monthly basis the service agreement for the years I owed the machines. The two machines were old machines, these machines were previously leased them to several companies, so the machines had been paid for themselves previously with all the other previous contract prior to my purchase; which is OK and I never questioned that; however, we have a contract to service the machines and provide parts for both of them. The relationship started to deteriorate after I didn't agree to buy the new machines and especially signed a new 3 year contract. My machines had been obsolete many year ago and until this March 2019 that is when I learned that the machines were not going to be served/maintained anymore and the worst thing to hear was that the machines were obsolete and that there were no more parts for them. It was very unprofessional of them not to let me know that the machines were obsolete the years that in fact were obsolete and that parts were no longer available. They did continue to send me monthly bills for both machines and me without knowing that the machines were obsolete and since I have a contract with them I continue to pay my monthly dues, I was always in the best position to pay for the maintenance/agreement since we have a contract and I didn't want to break the contract or get myself in any trouble, never it crossed my mind.When I learned the machines were obsolete and I personally visited at her office, we had a very long and nice chat and that day she "offered me to swap the machines". She was smiling with me said, not to worry that she would look for some machines and would swap them". She never mentioned they were going to be "rented/leased". She clearly told me I will "SWAP" the machines for you. About my personal appearance or my beautiful long high heals, she always commented how nice I looked and how pretty my high heals were wishing she could wear them, however, due to her age, she said I will easily fall, she always loved my shoes. Those comments were made every time I met her in her office inclusive when I met her at *** store in ***, ***, CA. It is very unfortunate that she is making those very unprofessional and personal comments about me and my high heals when she always loved them.I made no especial request less I have made any somewhat unreasonable request as *** mentioned. I only explained to her that the machines that she offered the first time were smaller than mine and looked outdated too, so I didn't want to go paying for more years of service on possible already or soon to be obsolete machines again. Ms. and I had a very good communication and we started to form a nice relationship, even she mentioned to me and my husband about some trips that she has done all expenses paid by Kyocera, it was a really nice chat and the three of us were laughing in her office that day. When she showed me the new contract about the two newer machines, that is when I realized that the machines were not going to be SWAPPED and I asked her and she told me that she would sell me the machines if I wanted them for $2,500.00 each. Those machines were also used/refurbished machines, but too expensive for me. She wanted me to pay her again for the machines and continue to have a 3 year maintenance contract; she just wanted to do and repeat the story again, she was thinking that I would agree to her contract again, but since I didn't she is now upset about the situation. (See contract attached hereto). In the contract is written, 2 Kyocera B&W MFP Rentals. that is when I realized the were rentals and not SWAPs. I didn't even know what MFP was until I personally asked her in her office.Attached, please find all the emails send to one another for a total of 17 pages, where you would be able to see/read for yourself that in any way I email any "rather nasty emails" as she mentioned. The communication was about how I felt about breaking a contract since I always did my part and comply with all terms and conditions of the contractsClearly she does not want to accept that she broke and contract and that she didn't comply with the maintenance contract that we had. "She breached the contract and does not want to accept it"It is very unfortunate that I had to do this, it feels terrible when she is making not very good comments about me, like my high heals, but I guess that her way of trying to cover up for something that she was not able to comply with. I had always been very respectful in person, over the phone and via email as well.She mentioned that I've been talking to people about her machines and about our situation, but she is totally incorrect. When I met with her I mentioned that I knew several people and colleges that were doing business with her and that they had lease machines thru them; however, I never mentioned to any of them what is happening between her and me since I am a professional person and don't like gossiping especially if a person is not there to defend themselves.The machines were purchased cash and the services provided for installation and shipping were her decision not mine, so I really don't understand why she brought it up, but it's perfectly fine with me, I guess she just wants to look good, again, since she didn't honor her contract, but it's OK, that is why we have California Laws and contracts, etc.All I ask is for her to be a reasonable human being and take a look to my account, she can deduct the very few toners that I used; I barely had the maintenance guys to visit my offices for services since I always took very good care of the machines; I mentioned so many times to her and her employees that I love my machines.I paid over $7,000.00 in maintenance, I know that a couple of times the machines were services and that I received toner for them; however, the machines had been obsolete several years back according to her expert service employee that came to my Mendota office in March 2019 when the machine needed to be served, the machine reads "Time for Service Maintenance"; however, it could be served or fixed, I didn't have a machine since March 2019,. According to her response the machines in her opinion had no life anymore, parts were not longer available, but she continue to bill me. In any moment took the time and was not professional and capable to talk to me to say something like: "Hey, ***, I know we have a maintenance contract, but the machines I sold you as you know were already refurbish and old machines; so I just wanted to let you know and probably either canceled this contract or make a new one", but no, she never said anything and just keep on billing me "That is nor right nor professional" She has employees working for her that could have told her, *** has old/dead machines and we no longer have parts for them, we would not be able to accommodate her when in the future she needs parts or service; I think best thing is to talk to her about it". No nobody did, but they were just billing and billing and happily receiving my money.I am asking for a refund of the monthly payments I made from where the machines were obsolete to March 2019; I was paying an average of $35.00 for one machine and $55.00 for the second machine and average of $90.00 per month an estimated for the year $1,080.00 of more for the 4 - 6 years that the machines were obsolete/dead to *** since they have no life. I consider her way of business a real abrupt rip-off from her part. I could have purchased those machines that she offered with the money that I paid her for all of the years of maintenance that she knew was not going to be able to provide. I would like to have my money back, again, she can calculate what I paid and deduct the toner and come up with a reasonable amount as refund.I DO NOT ACCEPT THE RESPONSE MADE BY CALIFORNIA BUSINESS MACHINES, MS. ***, OWNER. SHE MADE NO COMPROMISE / WIN-WIN OFFER.Thank you
Simply put, California Business Machines sold *** 2 used machines with 90 day warranties along with our One-Year Full Service Maintenance Agreements that cover parts, labor, toner and supplies. I have attached a copy of one of them so you can see the terms which state that either party can cancel with a 30 day notice. There were many times that we called *** to recommend upgrading these, especially as our maintenance rates increased. She chose to keep them. I even stopped the annual increase and created a fixed minimum maintenance as a courtesy. This maintenance agreement only provides full service for the equipment, it does not offer replacement equipment. We always provided service while under maintenance. Out of courtesy, I proposed 2 "no-charge rentals" to replace her old equipment as long as she wished to continue with the same maintenance plans she has had for a long time. Whether she thinks I was gifting her these machines is irrelevant because they are not part of her maintenance agreements. Additionally, we do not owe any refund for maintenance agreement payments already paid. She has always had the option to cancel.
I am rejecting this response because:Ms. is not being truthful at all. I just don't want to be playing around and going back and forth with no resolution.This is a legal matter that would continue with legal action.There were no times at all like she mentions that CBM called to recommend upgrading the machines. Nobody never called to offer new machines.The machines were mine, so of course, I choose to keep the machines since they were mine since the beginning and were paid in full.I have a maintenance contract that specifically mentioned that machines would be repair, parts would be provided/replacements, etc. we've already mentioned this.If I new that CBM was going to play me and if I new that Ms. wasn't going to be honest with me; I would have cancelled the contract long time ago.I stopped making payments in March 2019 only because I learned that service/parts were not available anymore since machines had been obsolete for so many years back and because contract was breached by CBM. Just California Busines Machines / ***, Owner didn't comply with contract agreement and that's that.Legal Action will be taken for selling contract agreements that promise repairs, replacement parts and maintenance when there are no more parts for machines. This is the reason I would continue to reject this response.
There is nothing more I wish to add. We provided labor, parts and supplies as needed when contract was in place. Customer could have cancelled their agreement at any time.