Machinery construction

Depending upon how they individually structured, contracts to manufacture and deliver machinery can be either build-to-order contracts or purchase agreements.

In practice, delivery contracts for newly manufactured machines frequently lead to disputes over their interfaces and specifications.

By „interfaces“ we refer both the interface with other machines in the same line as well as the machine builder’s specifications for the machine’s foundation or utility inputs that are to be built by the customer.

Often the customer does not learn until after acceptance and delivery that he did not sufficiently clarify his requirements for the machine. The customer will then attempt to make good these „defects“ by complaining of defects even though certain requirements were never specified and made a part of the subject matter of the contract.

On the other side, the machine builder’s sales department sometimes makes commitments that the builder simply cannot technically meet. We would be happy to assist you both in or out of court with respect to all legal issues concerning the acquisition, delivery or warranty of machines. We have frequently found that in the types of disputes described above it is helpful to initiate as soon as possible an independent taking of evidence procedure or at least to instruct an independent expert with the fact finding.