Dell Hell

Brooker_Dave

esmecullen wrote: »

I contacted Consumer Direct who have stated that although I bought it for the office I used my own credit card to purchase it, it is by law, a consumer purchase technically it wasnt a business to business purchase.

That's nonsense.

Reggie_Rebel

A lesson here. For any office printer, mono or colour you have to go laser.

Tozer

LinasPilibaitisisbatman wrote: »

The acts listed refer to consumer, this was a business to business contract and thus contract law is the relevant statute.

That's not correct. The Sale of Goods Act applies to B2B transactions as well as consumer transactions.

Not sure what the Supply of Goods and Services Act has to do with anything though.

It may even be that this is not a B2B transaction at all as the OP is not in the business of purchasing printers.

Tozer

Brooker_Dave wrote: »

That's nonsense.

No it is not. If there is no regular chain of transactions in the course of a business, then it may well be a business to consumer transaction.

In any event, Sale of Goods Act still applies. I'm not sure why people are saying it doesn't?

The SOGA was initially designed to cover commercial transactions and there is nothing in it which carves out the implied warranties to B2C transactions only.

Sooler

Brooker_Dave wrote: »

That's nonsense.

That is nonsense

BillTrac

Surely this is not a B2B contract. esmecullen said that payment was with a personal cedit card and re-imbursed so I reckon it was a personal purchase.

If the buyer states what is required, and is led to believe that the printer obtained will match those requirements, and it does not then to my mind it is not fit for purpose.

Tozer

BillTrac wrote: »

Surely this is not a B2B contract. esmecullen said that payment was with a personal cedit card and re-imbursed so I reckon it was a personal purchase.

If the buyer states what is required, and is led to believe that the printer obtained will match those requirements, and it does not then to my mind it is not fit for purpose.

Agreed. And, as mentioned above, it doesn't matter whether it was B2B or B2C insofar as the implied warranties under SOGA are concerned.

Brooker_Dave

BillTrac wrote: »

Surely this is not a B2B contract. esmecullen said that payment was with a personal cedit card and re-imbursed so I reckon it was a personal purchase.

If the buyer states what is required, and is led to believe that the printer obtained will match those requirements, and it does not then to my mind it is not fit for purpose.

The printer was brought by a business for the use of a business.

Thus B2B.

The business just brought the wrong sort of printer.

Tozer

Brooker_Dave wrote: »

The printer was brought by a business for the use of a business.

Thus B2B.

The business just brought the wrong sort of printer.

Not necessarily. Stacks of cases where business itself has bought goods (e.g. company cars) and have been found to be acting as a consumer for the purposes of various bits of legislation.

Anyway, non-issue in this case. Same rights apply.

esmecullen

Well result!!

Just received a call from a customer services manager from Dell who has agreed that I had been given misleading information before purchasing the printer. He's also agreed to refund the money, apparently their tech guys have agreed that from what I told them over the past 2 days that the printer does have a fault in that the ink is running out after printing 20 pages!!

He also apologised for the misleading information given by some of their staff regarding replacing and/or upgrading.

One things for sure, never buying from Dell again!!