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I purchased a printer for 10k about a year ago. Its a piece

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I purchased a printer for...
I purchased a printer for 10k about a year ago. It's a piece of business equipment. It has a 1 year warranty. The warranty included phone & onsite support.

The machine has malfunctioned endlessly since about 3 months after purchase & set up. We have months of tech support emails back and forth. We've spoken with multiple tech support folks from the company, one of which said our problem is probably unfixable (the printer will not perform the way presales initially said it would)

In the past 9 months - this company has made us mail print samples for their tech support to review on multiple occasions (we paid for shipping), has made us purchase multiple new ink cartridges & other consumables to see if that fixed the problem (it did not). They even shipped us new circuit boards - which we had to install. None of this has fixed the problem. The time investment for tech supporting this machine is incredibly high for a lightly used, less than 1 year old piece of business equipment. We are unable to use the printer as intended, due to its unreliable print quality.

The company never sent a techician on site to support the printer. They did however, ship out a loaner printer after months of back and forth emails and phone calls. The loaner printer ended up having the same print quality issues as our printer. At this point we asked to return the printer, as it appears that machine is incapable of sustaining the print quality that we received when we initially purchased the printer. (we received print samples on our paper stocks in presales that looked perfect)

We were given the runaround for about a month about the refund. The management refuses to return phone calls. And takes weeks to reply to emails.

They finally sent a refund offer - it includes a 20% restocking fee. And they refuse to return the opened inks and supplies we purchased - the ones we were told to purchase to see if their replacement would fix the print quality issues. Replacement of these parts did not fix the problem. These supplies cost well over 2k.

They sent a document with refund terms - we only have 5 days to return it and have been unable to schedule time with a lawyer to review. They sent it right before the weekend, so we have essentially 3 biz days to sign & return.

There is nothing on this document that says anything about it being a settlement - just that we have requested a refund, what terms they are offering monetarily and that we have 30 days to send the materials back to them.

My questions - What's my best course of action here? Can I sign this paper and then bring them to small claims to recover the rest of the cash i am out? Is this considered a settlement and if i sign, I will not be able to recoup the rest of the cash i am out?
Submitted: 4 years ago.Category: Business Law
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6/3/2013
Business Lawyer: BizIPEsq., Attorney replied 4 years ago
BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Your idea of taking the guaranteed refund and then pursue the rest in small claims would generally be the recommended suggestion in such cases

BizIPEsq. :

be mindful of the following:

BizIPEsq. :

you correctly noted that if there is no settlement language that legally speaking it would not bar future actions but a judge would question whether in fact the refund you received was the contemplated settlement and that you are trying to pull a "fast one"

BizIPEsq. :

to come clean (so to speak) and be considered in positive light you should consider including in your complaint the fact that the you have receive the refund but the refund is only 80% from the cost of the machine and note all the supplies and shipping charges and other damages you incurred

BizIPEsq. :

this way the judge would know that you are not trying to hide any past recovery and simply looking to recover your damages

BizIPEsq. :

I trust this answers your question

BizIPEsq. :

Please rate my service. Without your rating I do not get compensated for my work

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