Printer DOA - Who is responsible

phill79

(sorry, posted this in the wrong board originally)

Hi,
Knowing how helpful this forum is, I thought I'd pick your brains.

I was working in a school this afternoon and they asked me to install a printer, no problem I thought. Unpacked and set up only to find that on the screen of the printer there was a printer carraige error and no matter what I did, it wouldn't go.
Printer was ordered 20th July and despatched on the 7th August, the school only received it when they arrived back after summer on the 5th September.

I dug out the despatch note and contacted the company they bought it from, I won't name them though. I got through to the support person who advised me that because the printer is outside of their 28days warranty, then I need to contact HP about the problem. This was done and 30mins later they told me they would organise a new one to be sent out.

My question is:
Can the original company who sold the item say what they said and basically wash their hand of it?

I wouldn't mind if someone can point me in the right direction of some sort of law that might apply here for future reference. Should I have pushed for the original comany to send a replacement rather than contacting HP.

Any advice is appreciated.
Thanks

Poppycat

Nope the supplier is responsible. I would fo thought you gad good reason why it wanst used too seeking as the school has only just returned for Summer hols

albertross_2

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txt

http://www.dti.gov.uk/consumers/buying-selling/sale-supply/sale-of-good-act/page8600.html

millypede

I know DTI and trading standards say these things, but companies like HP, Epson, Apple, Canon, ATI, and NEC will take ownership of the products after a certain period, as its a Manufactures guarantee not a supplier guarantee, yes they might of sold it to you, but they didnt make the product. The companies do this to make sure the suppliers have stock which they have available to sell and not replace good stock for faulty good, most of them will come to the customers door and replace it there and then, you will find in most cases there are now leaflets stating this too, that they are to deal with them direct and NOT the supplier/reseller.
Its happened for years and no matter what people will point you and refer you too, retailers/supplier/resellers hands are tied most of the time, as they have signed a contract to that effect, and this must all be above board other wise the manufacture of the products would not be able to enforce this to the retails/suppliers/resellers.

Sime

millypede wrote:

retailers/supplier/resellers hands are tied most of the time, as they have signed a contract to that effect

I'm not sure that anything a supplier signs with the manufacturer can waive rights on behalf of the buyer.

In many cases it may be more convenient for the buyer to liaise with the manufacturer directly (less hassle, quicker, possibly cheaper etc), but that surely doesn't give the supplier the right to just palm them off?

Directing a user to a manufacturer and explaining this is different to just saying "It's not our responsibility". The supplier may well just contact the manufacturer on the buyers behalf, and act only as a middle man (making the process rather drawn out) but if that's what the customer wants that's what they should do.

There are many cases where going through the manufacturer may be very inconvinient compared to contacting the seller. What should happen here?

YMMV, IANAL etc etc.

LittleJo

Hi,
When a retailer sells you something he makes a profit from the transaction.
In return for this he has a duty to provide goods of marketable quality.
You, at this at satge, have no commercial deal with the manufacturer.
Jo

millypede

Well I do know that some shops/suppliers will contact the supplier on their behalf, i think just trying to keep it within the customers hands, will save the item from either going AWOL in the shop, and staying on a repaired shelf for weeks whilst the customer is doing other things, I remember having a printer sitting on the repaired shelf for about 6 weeks before the customer collected it.

Sime

millypede wrote:

Well I do know that some shops/suppliers will contact the supplier on their behalf, i think just trying to keep it within the customers hands, will save the item from either going AWOL in the shop, and staying on a repaired shelf for weeks whilst the customer is doing other things

Sure, there's always that.. But sometimes referring the customer to the manufacturer can involve costs for them, which it shouldn't really.

millypede wrote:

I remember having a printer sitting on the repaired shelf for about 6 weeks before the customer collected it.

Could you ask customers to sign a form saying they must collect within a certain time? Say a week after they've been notified it's ready for collection, otherwise you sell/dispose of the item?

A_Nice_Englishman

Does it matter that much whether it's the manufacturer or reseller / retailer that replaces the faulty item?

I spend over £100,000 p.a.* on IT equipment and get my fair share of doa's. What's most important to me is getting the replacement as quickly as possible.

* Not my own money I hasten to add!

mikey-mike_2

I’m not sure about this….

If it was a consumer purchase then it is definitely down to the seller and nothing in their t & c can change that.

But, if it is a business purchase then the rules are different and it might be that the retailers t & c can transfer liability back to the manufacturer (or even just exclude liability altogether)

Sime

mikey-mike wrote:

I’m not sure about this…. If it was a consumer purchase then it is definitely down to the seller and nothing in their t & c can change that. But, if it is a business purchase then the rules are different and it might be that the retailers t & c can transfer liability back to the manufacturer (or even just exclude liability altogether)

I'm not 100% about it for businesses either, but half way down the thread I forgot we were talking about that and started putting myself in the place of a guy just bought a printer from a shop.

It may well be different for B2B.. I remember returning something to Makro a couple of years ago and they told me as much, and I had to go to the manufacturer. I never looked into whether Makro should've done this or not.

I don't know if I was just referred to them on the assumption that I *was* the supplier (to myself); with Makro being a wholesaler after all, they sell on the presumption you're selling to someone else.

In this case though, the school are at the end of the chain. Does that make any difference?