IT_Guy 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. That's what I was led to believe as well, if you don't pay VAT then you're not a end consumer.
localzuk Posted September 17, 2009 Posted September 17, 2009 Ok, it doesn't discount the EU warranty laws though
SteveBentley 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. No, it's down to the seller, as that is who the purchaser has a contract with. The manufacturer's warranty is in addition to the purchaser's statutory rights (Sale of Goods Act, in the case of Business to Consumer transactions), and doesn't absolve the seller of their obligations.
markwatkins Posted September 17, 2009 Author Posted September 17, 2009 Firstly can I thank everyone who has contributed to this thread. If we are not a consumer then this is the law that applies-: In the case of goods, unless otherwise stated, you are entitled to demand that your purchases: * correspond with the seller's description * are of satisfactory quality - safe, in working order and free of defects * are fit for purpose - capable of doing what they're meant to do These rights are outlined in the Sale of Goods Act 1979. For further information about this legislation, see our guide on the Sale of Goods Act. I am interested that some of the sponsors/advertisers are joining in now. As far as I have been able to ascertain the EU law is the diminant one and it is unreasonable to say that a printers life is 14 months. I am still waiting for a resolution and am in dialogue with the seller but so far without success.
markwatkins Posted September 17, 2009 Author Posted September 17, 2009 I am sure that you will all like to no that I have just received a call from the company, which is stating that the printer was fit for purpose and is now out of warranty and our problem. They stated repeatedly that Sale of Goods Act does not apply, ignored my observation regarding the Unfair Contract Act and the fact that EU law is dominant. So we have a printer that is faulty a supplier who refuses to acknowledge their responsibility . Any ideas???
Pyroman Posted September 17, 2009 Posted September 17, 2009 Court. agreed, or naming and shaming. court gets you some money back naming makes sure the company makes less money
SteveBentley Posted September 17, 2009 Posted September 17, 2009 (edited) So we have a printer that is faulty a supplier who refuses to acknowledge their responsibility . Any ideas??? Talk to the legal bods who look after your school. IIRC part of the definition of "fit for purpose" is that goods must be sufficiently durable. Of course it's left open to interpretation how durable they have to be, but it would be reasonable to expect a printer to last longer than 14 months. Edited September 17, 2009 by SteveBentley
markwatkins Posted September 17, 2009 Author Posted September 17, 2009 I don't like the idea of naming the company but their attitude is not good. Court is the obvious next part of this and once Hants legal guys have confirmed we have a case I am sure we will follow it through. As someone has said to buy a printer albeit and inexpensive one and 14 months later having to either pay for a repair or to replace it frankly sucks. I wonder who else has experienced something of this nature?
K.C.Leblanc Posted September 17, 2009 Posted September 17, 2009 I don't like the idea of naming the company but their attitude is not good. If it's going to court, don't name them.
Jamo Posted September 17, 2009 Posted September 17, 2009 I believe this article may be helpful BBC NEWS | Magazine | Five consumer laws you really ought to know From the site: The Sale of Goods Act says that your MP3 player must be fit for purpose. "It must be as described. It must be of satisfactory quality, sufficiently durable, free from any defects," says Dr Christian Twigg-Flesner, a consumer law expert at the University of Hull. If you've ignored the manufacturer's warnings and have been leaving the player out in direct sunshine and wearing it in the bath, then you probably haven't got much of a case. But if the player has been lovingly treated and has still conked out that suggests something may have been wrong with it at the very beginning. It works like this. For the first four-five weeks you have a "right of rejection" - if the item you've bought breaks down, you can demand a refund. For the next six months, you are entitled to replacement or repair of the goods. It is up to the retailer to prove there was nothing wrong with it if they wish to get out of having to do the work. And then after six months, there is still a duty to replace or repair faulty goods, but the onus is on you, the consumer, to prove that there was something wrong. And the key time span is six years. That's how long goods may be covered by the Sale of Goods Act. It all depends on what "sufficiently durable" means. If a light bulb goes after 13 months, the consumer is not going to be overly gutted. If their washing machine goes after the same time span they are going to be livid. The government's guidelines say: "Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description." And be aware that if you go to the washing machine repairer, spend money attempting to diagnose an inherent fault, and find out you have been using it the wrong way, then you are going to be out of pocket.
markwatkins Posted September 17, 2009 Author Posted September 17, 2009 (edited) Theres more!! As has been said this is a fault known to HP it is the formatter board. Another company has offered to help us:- Hi Mark What is the model of printer that is now out of warranty? We might be able to sort something out for you. Thanks __________________ James Yates Business Manager Servers Plus | The UK Server and Networking Specialists - Buy HP ProLiant and IBM SystemX Servers at great prices! Tel: 0845 141 1234 Email: James Yates Thanks to James Dos_Box Edited September 17, 2009 by Dos_Box
Dos_Box Posted September 17, 2009 Posted September 17, 2009 Right. I'm locking the thread because I've had replies from both the OP and the supplier and belive that they should sort this out amongst themselves. Please be aware that some of the issues involving both parties (which I won't reveal here) are not about being a private consumer as a school is not a private buyer covered by such legislation. For further information please read here: Your rights when acquiring goods and services | Business Link Also remeber the device was sold with a warrenty which has since expired. 1
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