markwatkins Posted September 16, 2009 Posted September 16, 2009 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.
SteveBentley Posted September 16, 2009 Posted September 16, 2009 I think the issue is that you'll have to demonstrate that the fault was there when you bought it.
CheeseDog Posted September 16, 2009 Posted September 16, 2009 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.
markwatkins Posted September 16, 2009 Author Posted September 16, 2009 This printer has been in a deputy heads office from new. Not abused by being generally available... I would say how many prints it has done ....but it isn't working
Pyroman Posted September 16, 2009 Posted September 16, 2009 BBC NEWS | Magazine | Five consumer laws you really ought to know
strawberry Posted September 16, 2009 Posted September 16, 2009 I dont disagree that the seller has responsibilty but if the machine isout of warranty thats not the sellers fault, esp if it was knowingly sold with a 1 year warranty.
broc Posted September 16, 2009 Posted September 16, 2009 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 Posted September 16, 2009 Author Posted September 16, 2009 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 Posted September 16, 2009 Posted September 16, 2009 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 Posted September 16, 2009 Posted September 16, 2009 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 Posted September 16, 2009 Posted September 16, 2009 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 Posted September 17, 2009 Author Posted September 17, 2009 What is the fault out of interest? 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 Posted September 17, 2009 Posted September 17, 2009 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. 1
localzuk Posted September 17, 2009 Posted September 17, 2009 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... 1
apoth0r Posted September 17, 2009 Posted September 17, 2009 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 Posted September 17, 2009 Posted September 17, 2009 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 Posted September 17, 2009 Author Posted September 17, 2009 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 Posted September 17, 2009 Posted September 17, 2009 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 Posted September 17, 2009 Posted September 17, 2009 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.
Pyroman Posted September 17, 2009 Posted September 17, 2009 hehe *cheeky grin* can see the companies getting antsy!
apoth0r Posted September 17, 2009 Posted September 17, 2009 Think people are posting to remove themselves of any kind of doubt
Mandy Posted September 17, 2009 Posted September 17, 2009 Think people are posting to remove themselves of any kind of doubt Would I!!!??!!
maniac Posted September 17, 2009 Posted September 17, 2009 The Sale of goods act etc. that people have comment on only applies to private individuals as end consumers, a school is classed as a business for the purposes of the act, and transactions and sales that take place as business to business transactions. You'll find the guidence here much more relevant Buyers' terms and conditions and unfair contract terms | Business Link Mike.
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