Do I have to pay to prove that my 16-month-old printer is faulty?

In July 2009 I bought an Epson SX600 printer from Comet. I don’t use it often as I print what I need at work. But in November last year, four months after the one-year warranty had expired, the black nozzle became blocked.

I have used head-cleaning tools, and only genuine Epson ink. Comet was not very helpful when I contacted the store and it said I had to prove the fault was inherent. It told me the inspection would cost me £70. I felt that the printer should last a bit longer than 16 months.
Mo Abdul

Mr Abdul wanted to know if he had protection under either the European Union ‘two-year warranty’ or ‘the six -year warranty under the Sales of Goods Act. (SoG)’.

Before we explain his rights, we need to debunk this ‘two-year EU warranty’ myth. The belief that people can march into a shop or go to retailers to demand a refund for faulty goods within two years under this EU directive, the Sale of Consumer Goods and Guarantees, is utter nonsense.

The Sale of Consumer Goods and Guarantees was drawn up to give more protection to people living in countries in the EU that have weak consumer laws.

It was implemented into UK law as the Sale and Supply of Goods to Consumers 2002 Act. It does not supersede the SoG as many people think. It is an amendment that introduces additional protection, such as the six-month after-purchase protection.

This rule says consumers do not have to prove a fault is inherent within this time, and the retailer must prove the fault is caused by misuse or fair wear and tear.

Also, although the term ‘guaranteed’ is used in this directive, it can confuse matters. People, and it has to be said retailers, often confuse manufacturers’ warranties or guarantees and their rights under consumer law. For a full explanation visit our Computeractive guide to guarantees, warranties and statutory rights.

The SoG is still the primary law and offers stronger protection than the EU directive. For example rather than limiting people to two years’ protection, it gives them up to six years (five in Scotland).

Mr Abdul does have protection under the SoG. This law gives consumers up to six years in England, Wales and Northern Ireland (five years in Scotland) to demand restitution for goods that are inherently faulty.

But, after six months, the consumer must prove the goods are inherently faulty (a fault present at the time of manufacture) to get a repair, pro rata refund or replacement. This can mean paying for the item to be examined by an independent expert. This cost can only be recouped if the item is found to have an inherent fault.

Mr Abdul has discovered that Comet will charge £70 just to examine the item. He could try to find a cheaper quote elsewhere but he must weigh up the pros and cons of having the printer checked.