PC World - replacement lexmark printer has no ink

  Martine1081 11:21 04 Apr 09
Locked

Good morning,

I've had an issue with a faulty wireless Lexmark X6690 printer sold to me on 7th Feb this year at PC world.

The printer was sold with inks included in the box (lexmark 4 & 5)

On 28/03/09 (or thereabouts - thats another story). A replacement printer had been sent - it appears from Lexmark. This box clearly states on an added label "This is a replacement and contains only the printer - no accessories are included". Of course there were no inks inside. It looks like it may be lexmarks policy not to send replacments inks as they are consumables.

I sent an email to PCW CS and have been offered a £15 voucher as a "goodwill gesture" even when I re stated that to replace inks would cost £43ish I was told £15 was all they would offer.
I was advised by consumer direct to write to store manager to claim for consequential loss.

I could not use the product for the use I had purchased it and therefore the ink was full (except 3 pages worth)- because the product was inherently faulty and PCW would not directly exhange - it had to be sent to the manufacturer - because the manufacturer replace only the printer and do not sent the ink - I have to repurchase the inks

Do you have any comments on the letter below?

Dear XXXXXXXX,

Sale of goods act 1979 (as amended)

On 7th February I purchased a Lexmark All-in-one printer model number X6690 for £60.00 which was not fit for purpose. This was returned to store when I next had the opportunity on 13th March, along with proof of purchase, cartridges, instructions and leads.

The problems were:
Intermittent banging on start up when setting up printer
On first use of the features it was discovered that the scan and photocopy features failed to work.

The printer was sent for testing and has since been replaced for a new one, which was delivered to my property around 28th March. This replacement did not contain print cartridges as my original purchase, I was not informed of this, nor was I offered the option of retaining these cartridges. As a result I will have to pay the current retail price of cartridges Lexmark 4 and 5 in order to have a printer in the readiness for use that it was originally intended to be sold. As a result please take this my claim for consequential losses arising from ____

and then I get stuck?

Do you have any advice or comments?

Many thanks


Martine

  Forum Editor 12:03 04 Apr 09

and insert this immediately after the words "...retaining these cartridges."

"The new printer was supplied by the manufacturer, but my contract was with you, and the faulty printer came complete with ink cartridges. I hold you responsible for the replacement of the missing cartridges, as at present the replacement printer is not fit for purpose.

I hereby reject the offer of £15 towards the purchase of new cartridges that was made to me by your customer services department on (insert date), and must insist that you honour your obligation under current consumer law without further delay. I reserve my rights in this matter."

Make sure you send the letter by special delivery - not by recorded delivery.

  oresome 19:50 04 Apr 09

Playing devil's advocate for a moment, why did it take over a month to return the printer? Did you inform the retailer of the defect before then?

The suspicion is that you have had time to consume the ink during that period.

Do the supplied with printer ink cartidges contain the full quantity of ink as compared with the retail replacement? If not, the £15 may be fair value if they hold only a third of the ink.

  Martine1081 10:48 05 Apr 09

Thanks FE.

Oresome, I don't think you are playing devils advocate at all, it is a valid question and one I may very well be asked.

The wireless printer was purchased with the intention of using it to scan in sketches and diagrams to send to work.

I bought this printer to go with a laptop I had ordered from dell. This laptop was delivered on the 14th Feb, so I had no opportunity to try it until then. Then the dell laptop arrived and it would not install the printer properly, in fact it failed to install windows updates, create restore points, crashed etc.. I contacted windows update tech support who advised me to get in touch with dell. I had a family member who works with computers check over the laptop who confirmed it wasn't software problems and on 21st March I contacted Dell and the faults were attributed to the HDD being faulty. After various telephone calls and emails the laptop was sent back for repair on 03/03/09. Laptop was returned on 11/03/09.
As a result did not have the opportunity to test all the printer functions.

I still have copies of these emails.

I am sorry I couldn't manage my time better as well as a being a full time student I also work 37 hours a week :-D so I do take a while to get round to some things!

Thank you for replies in this thread FE I will amend my letter accordingly.

  HondaMan 11:15 05 Apr 09

You had a set of "free" inks with the first printer, you are not entitled to a second "free" set!

  spuds 11:18 05 Apr 09

In whatever way you decide to take action, I think that you may have to consider that some printer manufacturer's have different ways of supplying ink cartridges (or use to!). In the past it was a regular thing to supply only test or low capacity cartridges, for testing purposes only.

Most manufacturer's were not prepared to supply a printer (say) costing £xx and the genuine cartridges to use the printer was costing £xxx (think profit margins!). In my own experience, I have a number of printers from various manufacturer's, and printer purchase prices were less than replacement cartridges prices, unless using refills or possibly compatibles. Taking this point a little further, landfills and recycling would be an high capacity replacement advantage.

Regarding returning faulty products, I always tend to ask if any 'extras' are to be returned. If not, then I just send the basic product back, perhaps saving extra weight and freight charges.I learnt that lesson, by sending a faulty camera back, many years ago. It took some correspondence and inconvenience to obtain the 'missing' goods, so that I could use the camera again.

  Jim_F 11:46 05 Apr 09

If goods are faulty on receipt I believe you are entitled to replacement or refund and a suitable replacement would be the retail package as sold - you are not obliged to accept repaired or repackaged goods unless you choose to do so.

To have to pay more than the cost of the printer to find out whether it works is just not reasonable. BTW most inkjet carts are single use so cannot be swapped out.

This just goes to show how ridiculous the pricing of printers is - clearly more money is made out of the ink than the hardware ! I'd advise anyine buying a printer to check the cost of ink before they buy.

  BT 16:48 05 Apr 09

So what did they do with the Cartridges that were packaged with the replacement printer (if it was a brand new one)?

  Martine1081 08:17 06 Apr 09

BT - I have no idea (!) The printer box had been opened and re sealed with the said label. The box is exactly the same design as the one instore specifying the contents as Printer, power lead, installation lead, installation disc instructions, number 4 ink and number 5 ink.

HondaMan - There is actually nothing on the box to indicate that these are "free inks" and being listed as contents surely this inplies that the ink are included within the purchase price - not as any sort of special offer.

Jim_F I know what you mean about printers costing less than the ink. I am very frugal with the amount of ink I use which made this a cost effective purchase (or was supposed too!) My last lexmark didn't run out of ink for over a year.

Spuds I understand what you say about low or test supply ink. I am happy to even accept these, I can't test the replacement printer until I get some ink.

  HondaMan 09:25 06 Apr 09

Very well said!

  danbrazier 11:58 06 Apr 09

I belive that pretty much all the printers PCW sell only come with "test cartridges" - simply a means of the manufacturer saving money, as well as no doubt making some more.

If they gave everybody full cartridges (which often cost more to buy than the hardware itself!) with a new purchase, and then that printer was faulty, the cartridges would be thrown away! A waste of money. Hence only receiving samples in the box of a retail printer.

I also believe that if your printer should suffer from a fault, it's repair or replace if it's underwarranty, repari being the first option usually - as that way it's charged to manufacturer, rather than the store - which although doesn't affect you (or your rights) the store shouldn't automatically pay for the manufacturers fault!

If it was the first set of inks that you had that are the ones you're questioning losing - I'd suggest asking a manager at the store for the equivalent inks from one of the other display printers, this is something I've happily done a few times in my store...

Good luck.

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