Consumer Law Question

[Sheepshanks]

ashleyman said:

To be fair, the £15 is a nice gesture, I'm just a bit annoyed as I spent £30 on ink the week before it broke and I know a new printer probably won't use the same ink!

However, I was always under the impression that we got 2 years under EU rules or is that ruling trumped by Sale of Goods Act? I previously had a MacBook replaced under the 2 year rule so to hear its now 1 year is a bit confusing.

Am I being a bit daft?

I'd try pushing back. Don't go all legal, use words like 'disappointed' etc. Does your household spend a lot in Tesco? If so, tell them that. Say you don't want money, you want a working printer. Do they have one that will the same carts?

[Sheepshanks]

jmorgan said:

...the flame safety device was an issue.

Usually if you stress the word "safety" you get a good response. If necessary mention reporting the fault to the appropriate body, possible recall etc. Before they became a thing, I got broken springs replaced FOC on a 4yr old Clio which was one of the last sold with a 1 yr warranty.

[jmorgan]

Sheepshanks said:

jmorgan said:

...the flame safety device was an issue.

Usually if you stress the word "safety" you get a good response. If necessary mention reporting the fault to the appropriate body, possible recall etc. Before they became a thing, I got broken springs replaced FOC on a 4yr old Clio which was one of the last sold with a 1 yr warranty.

No movement. Outside 12 months innit (was the reply). Whilst I was chasing the issue with the franchise that the shop was part of, they said I had a two year warranty for buying that particular brand. Shop said no. They really were an ass, to top that the franchise could not provide the warranty proof as the shop had incorrectly filed the paper work.

Local family run shop as well, trying to support local shops and all that. Really annoying.

[Sheepshanks]

jmorgan said:

No movement. Outside 12 months innit (was the reply). Whilst I was chasing the issue with the franchise that the shop was part of, they said I had a two year warranty for buying that particular brand. Shop said no. They really were an ass, to top that the franchise could not provide the warranty proof as the shop had incorrectly filed the paper work.

Local family run shop as well, trying to support local shops and all that. Really annoying.

We have one near us that sounds like it might be the same thing. They have a great reputation locally, but it's the sort of place where you're not expected to ask the price.

[codenamecueball]

ashleyman said:

I paid just under £100 for the printer and yes I could find one that uses the same ink but because the printer is broken and won't turn on, I cannot get the cartridges to move out of the home position to remove them!

Edited by ashleyman on Friday 8th September 10:49

I'm guessing you've done a bit of basic troubleshooting, trying to change the fuse etc?

[Sebring440]

codenamecueball said:

I'm guessing you've done a bit of basic troubleshooting, trying to change the fuse etc?

ashleyman said:

The issue with the printer is that when you press the power button it turns on for 1 second then turns straight off.

[mjb1]

Sounds like a fault with the power circuitry (or possibly external adaptor if it has one). Probably not economic for the retailer to try and get it repaired, but you may be able to find a local electronics repair man that would take a look. Also, presume you've googled for the model number and fault in case it's a common thing and there's an easy fix documented.

Anyway, for the legal side, a £100 printer isn't exactly an absolute base level/entry model, it's getting on for a mid range consumer level of printer. I'd write back to the retailer and point this out, and that it'd be expected that a mid range printer would last more than 12 months, that the Consumer Rights Act states that products should be 'fit for purpose' and that this clearly wasn't fit for purpose.

May not get you anywhere, but mentioning the CRA, might get their attention and lead to them making a bit better offer.

[Sheepshanks]

Have you tried the manufacturer? They might have an online warranty check and repair service.

[Pica-Pica]

Sheepshanks said:

ashleyman said:

To be fair, the £15 is a nice gesture, I'm just a bit annoyed as I spent £30 on ink the week before it broke and I know a new printer probably won't use the same ink!

However, I was always under the impression that we got 2 years under EU rules or is that ruling trumped by Sale of Goods Act? I previously had a MacBook replaced under the 2 year rule so to hear its now 1 year is a bit confusing.

Am I being a bit daft?

I'd try pushing back. Don't go all legal, use words like 'disappointed' etc. Does your household spend a lot in Tesco? If so, tell them that. Say you don't want money, you want a working printer. Do they have one that will the same carts?

I agree. The 'disappointed' approach and face to face contact generally works for me. I also use the 'cars can be warranted for 7 years and are much more complicated, tactic'. Also buy on credit card (it gives you some guarantee).
If not I would push for the offer plus extra ink if you buy one of their printers.
On the subject of non-original inks, I thought these had to be usable (i.e. not lock out the printer)

[ashleyman]

Thanks for all the advice. I looked online for a solution to the problem and found a few suggestions, I tried everything listed including swapping the fused removing and replacing the power box in the back of the printer and neither worked. Another website suggested a paper jam but there's no paper in the machine which is why I then dug out the receipt as I planned to return it after doing my own basic troubleshooting.

I've drafted an email reply which is as follows:

Thanks for the reply Emma. Whilst I appreciate the sentiment I don’t think it’s very fair.

Firstly I’m surprised that Tesco would feel 12 months is an adequate life span of a modern printer. I’m disappointed that you will not honour the 12 month warranty even though the fault was present before this time limit was up and I have proof and evidence of this being the case. I’m also disappointed that nobody at the Tesco Electrical Helpline has requested this evidence to ensure my claim is genuine.

I’d expect a mid range printer to last more than 12 months. The Consumer Rights Act states that products should be ‘fit for purpose’ and clearly if the printer is failing in under 12 months it isn’t.

I purchased £30 worth of ink from a Tesco Store which is currently locked in the printer as it doesn't turn on. As you can see the cost of the printer which has failed + the cost to replace the ink stuck inside is substantial. Therefore I don’t think the £15 you’ve offered really covers my loss.

My household spend a lot in Tesco, we currently spend over £70 on our weekly shop which we have delivered, I fill my car up exclusively at your fuel stations which costs me £65 a tank usually once a week. I also have a Tesco Credit Card, so as you can see we’re a household that I'd assume Tesco would want to retain.

This isn't a question of money, I simply want my printer, which failed within the 12 months, replaced under warranty.

I don’t feel this is too much to ask and I hope you agree.

Edited by ashleyman on Tuesday 12th September 01:05

[mjb1]

ashleyman said:

I’d expect a mid range printer to last more than 12 months. The Consumer Rights Act states that products should be ‘fit for purpose’ and clearly if the printer is failing in under 12 months it isn’t.

Where you mention this bit in your reply, you could also point out that it's had relatively light, domestic use (which presumably it has, and not sat in an office doing reams of donkey work).

Also, I wouldn't say "I want the printer replaced under warranty". They weren't under obligation to replace it inside 12 months, only repair it (although they/manufacturer might well have just replaced it, for cost effectiveness to them). They're unlikely to replace/fully reimburse you (and you have had almost a years use out of it, what would it be worth on the second hand market by then?), but your statement makes it sound like you'd be unwilling to settle for anything less. So I'd say something more along the lines of the £15 offer not being satisfactory, and you expected more from them. Gives them the opportunity to meet you somewhere amicably in the middle.

[ashleyman]

mjb1 said:

ashleyman said:

I’d expect a mid range printer to last more than 12 months. The Consumer Rights Act states that products should be ‘fit for purpose’ and clearly if the printer is failing in under 12 months it isn’t.

Where you mention this bit in your reply, you could also point out that it's had relatively light, domestic use (which presumably it has, and not sat in an office doing reams of donkey work).

Also, I wouldn't say "I want the printer replaced under warranty". They weren't under obligation to replace it inside 12 months, only repair it (although they/manufacturer might well have just replaced it, for cost effectiveness to them). They're unlikely to replace/fully reimburse you (and you have had almost a years use out of it, what would it be worth on the second hand market by then?), but your statement makes it sound like you'd be unwilling to settle for anything less. So I'd say something more along the lines of the £15 offer not being satisfactory, and you expected more from them. Gives them the opportunity to meet you somewhere amicably in the middle.

You make a good point so I've it to:

Thanks for the reply Emma. Whilst I appreciate the sentiment I don’t think it’s very fair.

Firstly I’m surprised that Tesco would feel 12 months is an adequate life span of a modern printer. I’m disappointed that you will not honour the 12 month warranty even though the fault was present before this time limit was up and I have proof and evidence of this being the case. I’m also disappointed that nobody at the Tesco Electrical Helpline has requested this evidence to ensure my claim is genuine.

I’d expect a mid range printer to last more than 12 months, especially one that’s only been used a handful of times in the home. The Consumer Rights Act states that products should be ‘fit for purpose’ and clearly if the printer is failing in under 12 months it isn’t.

I purchased £30 worth of ink from a Tesco Store which is currently locked in the printer as it doesn't turn on. As you can see the cost of the printer which has failed + the cost to replace the ink stuck inside is substantial. Therefore I don’t think the £15 you’ve offered really covers my loss.

My household spend a lot in Tesco, we currently spend over £70 on our weekly shop which we have delivered, I fill my car up exclusively at your fuel stations which costs me £65 a tank usually once a week. I also have a Tesco Credit Card, so as you can see we’re a household that I'd assume Tesco would want to retain.

I simply want a printer that works and I don’t think the £15 is a satisfactory resolution to my problem.

[ashleyman]

Their reply:

I can understand your frustration with the situation, but as my colleague Stuart has advised, we can only take the date the fault was reported to us as the date the fault occurred, which was outside of your 12 months warranty, as such an out of warranty claim was processed. Fit for purpose means the item can not perform its primary function out of the box, your printer has simply developed a fault after over a year of use. The claims process would only take into account the printer itself, not any accessories/consumables I'm afraid, as such, we would not be able to offer compensation for the ink inside of the printer. However, we do not require the printer after the claim has been processed, so you can use any means necessary to try and retrieve the ink cartridges. Please let me know if you wish to continue with the claim.


I'll take the money. Smash the old one to bits and get the ink and re-buy the same printer of Amazon as it's now on sale for £39.99.

[Pica-Pica]

for me that would be a disappointing reply. I will give an example.

We had a few years old Krups Nespresso machine. We tried Cafe Direct pods. They worked for a bit, then buggered the machine. I wrote to Cafe Direct who, free of charge, couriered a replacement machine direct to me. Slightly different scenario, but some companies can be 'honourable'.

You could tell Tesco that many more are surprised at their measly offer, and view Tesco in a different light. I would have though that for goodwill they would have replaced 12/13 month old failed machine.

Have you spoken over the phone? We all know how people can be bold behind a keyboard!

[Buster73]

Tesco could take it back , send it back for credit to whoever their supplier is at no cost to themselves , I cannot see why they are refusing to do anything for their customer.

[Alucidnation]

Buying the same printer that failed just after a year because it's cheap?

Brilliant logic.

[anonymous-user]

I'm surprised by Tesco's response. I bought two avocados from them; one was rotten but they replaced without argument.

[Sheepshanks]

ashleyman said:

Fit for purpose means the item can not perform its primary function out of the box, your printer has simply developed a fault after over a year of use.

Pretty well what JohnLewis said to me. "Prove it was faulty at the time of purchase (and we know it wasn't) otherwise sod off".

[SMar]

They are talking rubbish, I've never had a problem getting a satisfactory resolution to a problem like this when I used the Consumer Rights Act.

Take a look at Which

[Sheepshanks]

SMar said:

They are talking rubbish, I've never had a problem getting a satisfactory resolution to a problem like this when I used the Consumer Rights Act.

Take a look at Which

Did you actually read that? If so, please explain which part of the CRA forces Tesco to refund the OP or replace the printer.