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Out of Manufacturers Warranty but.....

markwatkins

By markwatkins
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markwatkins

markwatkins

Posted
Posted

We purchased, from an advertiser on Edugeek, some HP2015s July 08. One of which is faulty.

 

HP say we are out of warranty, however we discover the sale of goods act states that it is not the manufacturer but the seller who is responsible.

 

Guess what the seller disagrees!!

 

 

I will copy this to the advertiser but will not atm identify them.

CheeseDog

CheeseDog

Posted
Posted

I think it is reasonable to expect that this printer would last for at least 2 years. (Unless you're really using it beyond it's capabilities)

 

So they have to take it back.

 

The seller then has to take up the issue with the manufacturer.

broc

broc

Posted
Posted

Any manufacturers warranty is in addition to your consumer rights, not instead of. The main issue is whether the school qualifies as 'consumer' under the legislation :)

 

If it does, then it is the sellers responsibilty to put things right.

markwatkins

markwatkins

Posted
  • Author
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It seems to me that the law is , as ever, pretty ambivalent. However we are consumers without a doubt.

 

To be fair the company have spoken to me on the phone and are not very impressed by my reasoning, but have not responded either to this post or to a pm I sent.

localzuk

localzuk

Posted
Posted
The sale of goods act is pretty clear on this. So long as you can show that it broke through no fault of your own, it is the seller's responsibility to deal with it. This is backed up by another EU law too...
Halfmad

Halfmad

Posted
Posted
It'll cost more for them to end up with a court case against them or possible loss of new business from yourselves than to replace. These are not expensive printers.
john

john

Posted
Posted
A lot of the laws referenced only apply to private individual and not schools / colleges. I cannot comment much on something I'm doing but needless to say it involved our LEAs legal advisors and its very hard to get them under the same laws as you or I as individuals could do :( Talk to your LEAs legal advice department they will tell you what buttons to press and how to do it to ensure you get it sorted, but if its out of warranty I would think you would struggle, it would be supplier or HP Goodwill more than anything.
markwatkins

markwatkins

Posted
  • Author
Posted
What is the fault out of interest? :D

 

It has the paper jam light on permanently and when connected via USB the error message says "USB device not recognised".... since my last post the supplier has PMed me however I am still waiting for a positive response.

alan-d

alan-d

Posted
Posted

I'm pretty sure that under European Law electrical goods have a warranty of 2 years. Even if the seller/manufacturer state only 1 year. A friend of mine used this to get a TV repaired after 18 months of use. The shop manager was unaware of this until presented with the legislation in black and white.

 

I'll dig around later and post the links if I can find them.

  • Thanks 1
localzuk

localzuk

Posted
Posted

The thing is - a school is not a business. It isn't registered as a charity etc... It should fall under the term 'consumer'.

 

You are not buying things to run a business.

 

And yes, alan-d is correct EU law. EU Product Warranty Directive (1999):

 

Article 5

 

Time limits

 

1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

 

However, as others have said - this is not the way a company goes around keeping customers. The laws are there, regardless of whether the company *thinks* they apply, skirting around them and trying to not comply does not build lasting relationships. If the OP decides enough is enough, and posts the name of the company on here, that wouldn't be good...

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apoth0r

apoth0r

Posted
Posted
Well I wouldn't post the name of the company just yet, they may hop on this as an attempt at 'slander' IF it does go the court way. Keep your cards close to your chest.
broc

broc

Posted
Posted
It has the paper jam light on permanently and when connected via USB the error message says "USB device not recognised".... since my last post the supplier has PMed me however I am still waiting for a positive response.

 

Sounds like the infamous 'formatter' card error; we have had several of these, even the replacement formatter cards fail. I have told my supplier I will not buy any more HP printers because of this problem.

markwatkins

markwatkins

Posted
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Well I wouldn't post the name of the company just yet, they may hop on this as an attempt at 'slander' IF it does go the court way. Keep your cards close to your chest.

 

I am keeping my cards close to my chest.... Edugod knows who they are and obviously the company and for the moment that is the way it will stay.

Mandy

Mandy

Posted
Posted

Normally, if your product breaks within the warranty period it is down to the manufacturer to fix the fault.

 

If the product was bought from a reseller, the warranty will be valid from the date of purchase. If you dig out your proof of purchase and go back to the manufacturer they should fix it under the warranty.

 

If this doesn't work, the likeliness is that it is grey kit or refurb!!

Tcsltd

Tcsltd

Posted
Posted

I think the issue is that it's out of warranty.

 

I must admit as I company we have never come accross this as a problem, so can't offer much help!! It will be interesting to see what the outcome is though.

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