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LOUISIANA RECORD

Tuesday, November 5, 2024

Plaintiffs Allege Defective Mowers Against Manufacturer Altoz

Federal Court
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In a high-stakes legal battle, B.O.S. Services, L.L.C. and Bruce Slayter have filed a lawsuit against Altoz, Inc., alleging significant defects in commercial mowers purchased from the company. The complaint was filed on July 12, 2024, in the United States District Court for the Western District of Louisiana.

According to the court documents, plaintiffs B.O.S. Services and Bruce Slayter purchased two Altoz TRX 766 commercial mowers and a TSX 561 stand-on mower from Patrick Miller Tractor Co., Inc., an authorized dealer of Altoz products. The total purchase price amounted to $72,851.90, excluding finance charges and sales tax. Plaintiffs claim that shortly after purchasing these mowers, they began experiencing numerous mechanical issues including engine problems, drive belt shredding, bearing failures, transmission burnouts, overheating issues, and track disintegration.

The plaintiffs assert that these defects were discovered within the express warranty periods but were not resolved despite multiple repair attempts by Altoz through its authorized dealer. "Despite this prolonged period during which Defendant Altoz through its authorized dealer were given the opportunity to repair the mowers," reads the complaint, "the defects were not fully repaired." Consequently, plaintiffs had to purchase a replacement mower due to ongoing operational failures.

B.O.S. Services and Bruce Slayter are seeking rescission of the sales contract under Louisiana's redhibition laws—a legal provision allowing buyers to void sales if products are found to have hidden defects making them unusable or inconveniently usable. They argue that the implied warranties of merchantability and fitness for a particular purpose were breached by Altoz as the mowers failed to meet ordinary expectations and continued to exhibit defects even after repairs.

The plaintiffs are asking for several forms of relief: rescission of the sale contracts for all three mowers; return of the purchase price including all collateral costs at the time of sale; reimbursement for finance charges, insurance premiums, maintenance costs; out-of-pocket expenses related to repairs; attorney fees; and any other applicable damages allowed by law.

Represented by attorney Fred A. Pharis from Pharis Law Offices in Alexandria, Louisiana, B.O.S. Services and Bruce Slayter seek justice against what they describe as defective products that have caused significant inconvenience and financial loss.

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