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Thread: Help about Printer Warranty etc.

  1. #1
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    Help about Printer Warranty etc.

    So, just need some advice.

    We bought a £250 printer from Staples back in July, hasn't been opened until last week.

    Plugged it all in, working fine, then the other day, we pressed the Scan button, and the printer went dead, no power, nothing. Changed power cables, Engineer from brother (make of printer) came, replaced circuit board and PSU, nothing, he said he'll ask about a replacement but he said he doesn't think they will give us a replacement.

    It has a 12 month warranty, but it seems it's being thrown back at us?

    Staples said as we had used it for a few weeks and it wasn't broken out of the box, then it's nothing to do with them.

    So, where do we start?

    TIA

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    Re: Help about Printer Warranty etc.

    Quote Originally Posted by SammEl View Post
    ....

    Staples said as we had used it for a few weeks and it wasn't broken out of the box, then it's nothing to do with them.

    So, where do we start?
    They said what?

    Ask them if they've ever heard of the Sale of Goods Act?

    Suggesting that a retailer has no further liability after a few weeks is total, complete and utter bollocks.

    However ..... it is very likely the case that you've lost the right to demand a complete refund. That usually only lasts, at most (excepting very unusual circumstances), a few weeks. What you absolutely are entitled to expect, however, is that a product will last a "reasonable" period of time.

    Ultimately, if the product has broken, the question will be why.

    If it's something you've done, damage you've caused, using incorrect inks, physically jamming the mechanism, etc, then obviously the shop aren't responsible.

    If, however, you've given the product normal usage and treated it with reasonable care, then it's expected to last a reasonable period. How long that is varies from product to product, but in the case of consumer electrics it will certainly be more than weeks, and I'd guess a couple of years at least.

    So if you've done nothing to cause the failure, then it will be due to faulty manufacture, defective components, a design problem, poor quality control in manufacturing, etc. All those issues are things that were "inherent" in the product when you bought it. And if a product fails due to something "inherent" in the item at time of purchase, then the retailer (not manufacturer) has a Sale of Goods Act liability. This applies even if whatever that inherent fault was doesn't show up as a fault for months, or perhaps even several years. If there's a weakness in a bit of plastic, and it broke after a few weeks, then it was still "inherent" at time of purchase.

    One final point. The (amended) Sale of Goods Act says that if a product fails within 6 months of purchase, then there is a statutory presumption that the fault was "inherent", unless the shop can prove otherwise. After 6 months, it's up to you to prove it was inherent, or it's presumed to not be.

    So .... you've a product that failed within 6 months. If you were to take this to small claims court, the law stipulates that you WILL win, unless Staples can prove that the fault wasn't inherent, and that's tantamount to them being able to prove that the fault is due to your actions, not something in the printer.

    So unless they can prove that, then you're entitled to either a repair or replacement, or to "damages". You can choose between repair and replacement, but can't insist on one over the other if it would be disproportionately expensive, or impossible. You can't insist on a direct identical replacement, for instance, if they are no longer available.

    If the seller is going to repair (or replace) the item, it must be "within a reasonable time, and without undue inconvenience" to you. Neither are explicitly defined, so it'd be up to a court as to whether a time was reasonable or no, and it'll depend on circumstances. A commonly used example for illustrating how circumstances can make a difference is that a couple of weeks to repair your printer might be reasonable, but a couple of weeks to make alterations to a fitted wedding dress wouldn't be if the wedding is the day after tomorrow. I'm sure you see the point.

    Anyway, there's numerous threads discussing all this, and you'll find one slightly more detailed outline of the above http://forums.hexus.net/general-disc...ml#post1635377.

    The main point, though, is that for them to try to wash their hands of the issue when a printer fails after a few weeks because it worked for a few weeks is utterly unacceptable, and they know it.

    Were it me, I'd go back, ask to speak to the manager (because shop floor people may not know, or may not care), and ...

    • politely but firmly point out that the product is less than 6 months old

    • that they have a Sale of Goods Act responsibility, and there is a presumption by statute that it's for them to prove the failure isn't due to an "inherent" fault

    • that you've been fobbed off once with "nothing to do with us" and have taken legal advice

    • that you expect either a repair or replacement "within a reasonable time, and without undue inconvenience"

    • that if they persist in denying any liability, you'll put it in writing to head office, and if that still don't get action, will pursue it in the small claims court .... and report the matter to Trading Standards.

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    Re: Help about Printer Warranty etc.

    Oh, and if Brother have issued a warranty, then (as of a few years ago) they can be held to it, and it's enforceable in a court.


    And one more thing. How did you pay? If it was by credit card, then that's a route to consider too. For items over 3100 and under £30k, the credit card issuer (bit not debit card issuers) are "joint and severally liable" with the supplier. So .... if Staples are still awkward, you can contact the card company. Depending on circumstances, they may just issue a refund and take it back from Staples. They certainly are jointly liable, but in the case of a product dispute, may or may not act in that way. It's a line worth pursuing if you get no immediate joy with Staples though.

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    Re: Help about Printer Warranty etc.

    Well, the brother Engineer suprised us all and has stated a replacement will be sent on Monday.

    We have to send the old one back via courier.

    Thanks for all that advice Saracen!
    Last edited by SammEl; 26-09-2009 at 08:31 PM.

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