Let it be known;
“The act of using a generic ink jet cartridge & ink tanks or refilling an ink jet cartridge & ink tank does not void your warranty.”
Know Your Rights!
Use of third party inks will not void your warranty.
Consumers are often erroneously told by printer dealers, sales or service personnel that use of competitive brands of ink during the warranty period will void the warranty of the printer. This claim which is always verbal and never in writing from the dealer, sales or service personnel is strictly for the benefit of the company to whom they are working for.
The most recent example of this would be one of our clients calling in about their printer. They were at a computer super store in San Marcos attempting to get their printer serviced under warranty. The service representative stated that the printer would not be repaired under warranty because of the generic ink tanks in the printer. The service representative claimed that the generics ink tanks damaged the printer and that is why the carriage was not functioning properly.
My client was extremely dismayed and called me from his cell phone. He filled me in on the details. I asked him to have the information put into writing and signed by the service manager. In other words I wanted the Service Manager to write that the use of these generic ink tanks damaged the printer and therefore because of these ink tanks the printer warranty was being voided. After about a minute of waiting on the phone my client returned with: “They are going to cover the printer repair under warranty.”
Your warranty can not be denied solely because you use third party products. Additionally, any damage claim by a service representative must be backed with proof that the damage was caused by the third party product and not solely on his/her opinion.
Legally Speaking.
Under the Magnuson-Moss Warranty Act and general principles of the Federal Trade Commission Act, a manufacturer may not require the use of any brand of ink (or any other article) unless the manufacturer provides the item free of charge under the terms of the warranty.
If you are told that only the original equipment ink will not void the warranty, you should request that the original equipment ink be supplied free of charge. If you are charged for the manufacturer’s brand of ink, this may be a violation of the Magnuson-Moss Warranty Act or other applicable law.
Being forced by a manufacturer to use OEM brand supplies may also be a violation of the Sherman and Clayton Antitrust Acts which prohibit “tying” sales.
What to do
If you are faced with a situation where you are being told that the use of any particular ink replacement item has damaged the printer and therefore your warranty will be voided we recommend the following:
1. Ask the service representative if they wish to retract their statement.
2. Tell them that if they are denying your warranty because they claim that the third party item in question did indeed damage the printer that you want that stated in writing, on company letterhead with the service manager’s signature. You want the specifics of how the third party item damaged the printer and what they considered to be the proof behind the implication.
3. State the warranty as you understand it and have them do the same. In other words, if they claim that the “warranty is voided” have them present to you a copy of the warranty that they used to base this on. Simply put they must have read the information somewhere before telling you this.
4. If you are willing to stand up for your rights then you may also want to mention to them that you believe that you are being treated unfairly and are acting on behalf of the manufacture and not on an individual case basis.
5. Document everything. We are very willing to assist you in filing any complaint to the Office of Industry Advocacy.
Remember this.
When you purchase a printer, your warranty acts as a contract between you and the manufacture of the printer. The manufacture and service representatives who are authorized by the manufacture to perform warranty service are bound by this contract. It is a legal, binding agreement in writing by the manufacture. In no way have you forced them into this warranty. This printer warranty was provided with the printer’s purchase and was probably a determining factor in your purchase. To allow the manufacture to back out of their part of the contract is wrong. Stand up for your right as a consumer and do not let elegant wording deter you from what is rightfully yours.