| |
| FRANCHISE ARTICLE |
|
The Truth About Printer Warranties - What Printer Manufacturers Don't Want You to Know |
by Joyce Calloway |
| |
You want to use recycled printer cartridges, because you’re an environmentalist – or maybe you just want to use them because they are so much more inexpensive. But you’ve heard or you’ve read in the owner’s guide for your printer that you should only use the manufacturer’s brand of cartridges, because use of “aftermarket parts” will void your printer’s warranty.
Well, folks, that’s not true.
One of the oldest excuses manufacturers have used in the past to deter customers from using Compatible or Remanufactured supplies is that doing so would void the warranty of the printer. Years ago, the U.S. Government instituted the Magnuson-Moss Warranty Act (the “Act”), which in effect prevents any manufacturer from voiding the warranty of any device simply based on the use of compatible or remanufactured parts or supplies.
Enacted in 1975, it is the federal statute that governs warranties on consumer products. The Act was sponsored by Senator Warren G. Magnuson of Washington and Congressman John E. Moss of California, both Democrats. The Act was enacted by Congress in response to the widespread misuse by merchants of express warranties and disclaimers. The purpose of the Act is to make warranties on consumer products more readily understood and enforceable and to provide the Federal Trade Commission with means to better protect consumers.
The Act defines a "consumer product" as being generally any tangible personal property for sale and that is normally used for personal, family, or household purposes. It is important to note that the determination whether something is a “consumer product” requires a factual finding, on a case-by-case basis.
The Act provides that any company warranting a consumer product to a consumer by means of a written warranty must disclose, fully and conspicuously, in simple and readily understood language, the terms and conditions of the warranty to the extent required by rules of the Federal Trade Commission, which has enacted regulations governing the disclosure of written consumer product warranty terms and conditions on consumer products actually costing the consumer more than $15. The Rules can be found at 16 C.F.R. Part 700.
Under the terms of the Act, ambiguous statements in a warranty are construed against the drafter of the warranty. Likewise, service contracts must fully, clearly, and conspicuously disclose their terms and conditions in simple and readily understood language.
Warrantors cannot require that only branded parts be used with the product in order to retain the warranty. This is commonly referred to as the "tie-in sales" provision, and is frequently mentioned in the context of third-party computer parts, such as memory and hard drives.
Nearly everyone has heard about someone who has tried to return a printer in which aftermarket parts (a re-engineered toner cartridge or printer drum, for example) to a dealer for replacement or warranty service, only to have the dealer refuse to cover the defective items. The dealer usually states that because of the aftermarket parts the warranty is void, without even attempting to determine whether the aftermarket part caused the problem.
This is illegal.
Printer manufacturers are not allowed to void the printer warranty just because aftermarket parts (which includes Remanufactured or Compatible ink and toner cartridges) are used in the printer.
When a printer is purchased new, the owner is protected against the faults that may occur by an “express warranty,” which is an offer by the manufacturer to assume the responsibility for problems with predetermined parts during a stated period of time.
Beyond the express warranty, the printer manufacturer is often held responsible for further “implied warranties,” which state that a manufactured product should meet certain standards beyond the express warranties.
However, in both cases, under this Act, the mere presence of aftermarket parts does not void the printer’s original warranty.
In cases where such a failed aftermarket part is responsible for a warranty claim, the printer manufacturer must arrange a settlement with the consumer, but by law the printer’s original warranty is not voided. Consumers should choose their ink and toner vendors wisely, and know that should a Remanufactured or Compatible cartridge be the reason for a printer’s failure or damage the printer in any way, that vendor will assume the full cost of repair or replacement of the consumer’s printer.
Overall, the laws governing warranties are very clear. The only time a new printer warranty can be voided is if an aftermarket part has been installed and it can be proven that it is responsible for a warranty claim. However, a printer manufacturer or dealership cannot void a warranty simply because an aftermarket equipment has been used in a printer.
If a dealer denies a warranty claim involving an implied or expressed new printer warranty, and you believe the problem is due to the printer failing for reasons other than an aftermarket part being used, obtain a written explanation of the dealer’s refusal to honor the warranty. Then you can contact the Federal Trade Commission (FTC). The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint, you can call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the online complaint form. The FTC enters Internet, telemarketing, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies worldwide.
The statute is remedial in nature and is intended to protect consumers from deceptive warranty practices. Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Act.
You can view a more detailed legal explanation of the Magnuson-Moss Warranty act of 1975 by going to http://www.ftc.gov/bcp/edu/pubs/business/adv/bus01.shtm.
As an addition to the Magnuson-Moss Warranty Act, certain online suppliers, such as InkMart.com, import their Remanufactured and Compatible cartridges from these certified manufacturers that guarantee the quality to InkMart, which in turn can guarantee them to their customers. This allows the consumer to have high expectations of quality cartridges and trust in the warranties by the vendor when they purchase them.
Sources of the above information include:
Cornell University Law School Legal Information Institute Website
Federal Trade Commission Website
Najran Co. for General Contracting and Trading v. Fleetwood Enterprises, Inc., 659 F. Supp.
1081 (S.D. Ga. 1986).
|
| |
|
|
|
