Samsung CLP550 repair or replace?

[FlickMay]

Bought one of these laser printers mid Jan and right from the start kept getting message 'Install [colour] toner' or 'Invalid [colour] toner'. Managed to get it to clear and print a page or 2 by re-installing cartridges but had to have engineer visit - he changed all the boards but still printer played up. Beginning of Feb he returned and installed 4 brand new cartidges and for 20 days printer was fine. Day before yesterday the invalid toner message re-appeared and haven't managed to print a thing since. Samsung say they will send engineer again next week but I say the printer is not fit for purpose and should be replaced. They say it's over a month old so won't be replaced. But it hasn't worked for 3 weeks since purchase. Anyone had similar experience with Samsung or this particular printer and what was result? (Also posting in 'Technology' topic).

[Buenchico]

(multi-part post):

I'll try to answer both your questions (i.e. printer and fridge) together.

The first thing to state is that any warranty from Samsung is a 'gift' from the manufacturer and does not form part of your statutory rights. It's the retailer who is responsible for putting matters right.

There are 3 separate stages with regard to your rights. As will be seen from the following, your printer falls into either 'Stage 1' or 'Stage 2'. Your fridge is clearly within 'Stage 3':

Stage 1: When you first purchase an item, there is a 'pre-acceptance period' during which you can check that your purchase is fully functioning. The duration of this period isn't defined by law. In many cases it might only last a day or two but there have been some instances where the courts have ruled that this period might last for several months. (e.g. someone purchased a car during the winter months and didn't find out until several months later that the air-conditioning didn't work. A court ruled that the customer had never legally 'accepted' the car). If a fault is identified before the customer has 'accepted' the product, the retailer is obliged to provide a full cash refund. (The customer might choose to accept a replacement product but he is not obliged to do so). If your printer has never really worked properly, it might be possible to argue that you've never 'accepted' it. In which case, you're entitled to a refund.

[Buenchico]

Stage 2: This lasts from 'acceptance' up until 6 months from the date of purchase. During this time, the retailer is obliged to remedy any problem which arises because of an 'inherent fault'. This means a fault which was present at the time of purchase (such as poor design, poor quality components or poor workmanship). Unless there is clear evidence to the contrary (such as a large dent where you dropped the printer), there is an automatic assumption, that any fault is 'inherent'. The customer has no right to a refund. The retailer must either repair or replace the item. The customer might be able to choose between a repair or replacement but the retailer has the right to reject such a choice if it involves 'disproportionate cost'. However, the retailer must also seek to minimize inconvenience to the customer. (e.g. if repeated repairs don't work he might be forced into providing a replacement, regardless of 'disproportionate cost').

Stage 3: This lasts from the end of Stage 2 until 6 years after purchase. During this time you have exactly the same rights against the retailer, in respect of a problem arising out of an inherent fault, as you did during Stage 2. However, the law no longer provides an automatic assumption that a problem is due to an inherent fault. It is for the customer to show, based on the balance of probabilities, that the most likely cause of the problem is an inherent fault.

[Buenchico]

My suggestions:
1. Take your printer back to the retailer and try demanding a refund on the basis that you've never 'accepted' it. Be prepared to 'compromise' and accept a replacement but ensure that you argue firmly that a repair is unacceptable because your experience has shown that attempts to repair the printer are ineffective and lead to unacceptable inconvenience.

2. If possible, get the engineer to provide you with a written statement that the fault with your fridge is a common one which results from a poor quality component. (If you can't get this statement, ensure that you can quote him as accurately as possible). Advise Comet that your fridge has failed due to a known inherent fault and insist that they take responsibility for paying for repairs or providing a suitable replacement product.

Chris

[Stu Dent]

I advise on the assumption that you have entered inot a contract of sale rather than an HP agreement.

The Printer:

Reject the goods and claim a refund. You can choose to have it repaired if you so wish, but since it doesn't seem to be a very good printer, personally, I'd choose to take the refund. Your statutory rights to demand the refund/repair/replacement is under the Sale of Goods Act 1979 (Section 14 (2B)(a)). You are quite right that the printer should be fit for purpose. It isn't, so you can reject the goods and claim a refund.

If you don't get anywhere you can raise a small claims action at your local sheriff or magistrates court. Alternatively, if you paid more than 100 pounds for the goods using your credit card, the creditor (the credit card company) are held to be jointly and severally liable under Section 75 of the Consumer Credit act 1974. So you can aske them for the refund, and if they give you the runaround, then your small claims action can be against them, the seller, or both. In my experience I stop getting the runaround when the court summons is received.

The Fridge Freezer:

Same rights, same Act (SOGA 1979), slightly different section. Reject the goods under Section 14 (2B)(e) - the goods should be 'durable' to meet the test of being of satisfactory quality. Most reasonable people would expect a fridge freezer to last substantially longer than 18 months. You are also entitled to claim for consequential damages for the sellers breach of contract (the fridge not meeting the implied standard of satisfactory quality). This means they not only owe you a refund, but also a refund on the cost of the earlier repair . I can't believe they charged you for a repair to an appliance that should never have broken down in such a short time!! Again, if you paid for the goods with your credit card S75 of the CCA1974 kicks in.

[FlickMay]

Thanks so much for your nice full answers, Buenchico.We seem to have finally acheived success over the printer - Samsung have agreed to replace the offending item with an upgraded model. Must admit we have yet to tackle the fridge question as there's been a lot else going on recently. Thanks again.