Paid $100K for piece of equipment. Seller refuses to install it and complete terms of sale. Seeking material breach of contract.

Location: North Carolina

I bought a used industrial machine through a broker. The $100,000 invoice includes $90,000 for the machine and $10,000 for services including "installation, training, and a 1 year warranty on all parts and labor." Because the broker specializes in this type of machine, he said he has a team of techs who do the installations for him, hench the additional $10K service. I paid in full 3 months ago. The machine was delivered 2 months ago, but it’s still sitting uninstalled on my production floor. The seller refuses to send someone to install it.

The invoice does not specify an exact installation date, but per our texts/emails the broker knows I have always been ready for installation and training. I've asked for a firm installation date 33 times. The broker either ignores me entirely (11 times) or gave vague replies (15 times) like "soon", "will let you know", or "should be any day."

He finally confirmed (3 times) that installation would be done on June 10, but that date passed without installation. He then confirmed (4 times) it would happen on July 3. He again failed to send someone. He now says it will be it will be July 28.

Besides the cost I paid for the machine, this failure to get it installed and into production has resulted in lost sales from RFQ's we previously said we could do, expecting the machine to be operational by June 10, but then had to retract. The machine's components have also occupied over 700 sq ft production floor, causing significant disruption to our workflow and productivity.

Today marks exactly 3 months since he was paid in full. I’ve thoroughly documented everything (all of our communication has been through text and email). I've warned the broker that the install must be done immediately or I will seek legal action for material breach of contract. He insulted me, then told me I had better be patient or he will keep the $10,000 and use it to pay his lawyer costs.

Do I have a strong enough case to proceed with material breach of contract? And if so, are there other legal claims I can make?