Must I accept a refurbished device?

Q

I bought an Epson Workforce Pro WF-C5210 printer (pictured) from Leo Office Supplies ( www. leoofficesupplies.co.uk) for £299, but it turned out to be faulty. Leo Office Supplies said I had to contact Epson because I’d had the printer longer than six months. Epson admitted the printer has an inherent fault and agreed to send a refurbished one. Do we have to accept this refurbished printer?

A

Yes, because six months have passed since purchase and Gerald can’t therefore demand a refund. Instead, Leo Office Supplies is allowed to offer a replacement,ent t, and this can be a refurbished printerr – as long as it’s the same make and model. mod del.

But what makes this case more interesting is that it’s not clear whether Gerald should pursue a claim under the Sale of Goods Act (SOGA), or the Consumer Rights Act (CRA), which replaced it in 2015.

The reason for this uncertainty is that he boughtht the printer under his business name, and SOGA still applies for business purchases. Legal rights for businesses aren’t as comprehensive as for individuals. For example, sellers aren’t resrestrictedstri to just one aatteattempted repair when the buyer is a business. Ththat said, courts have sosometimes ruled that inindividuals running a smsmall business can be coconsidered consumers if ththe goods they buy are for pepersonal use as well.

AAS it happened, Gerald agreed to a refurbished printer, but this wasw also faulty. He’s since received another, and we’re waiting to hear whether it works. If it doesn’t, Leo Office Supplies has promised to refund Gerald in full.

CASE CLOSED