A warning on buying photocopiers from interstate sellers

[klicker88]

We are located in Melbourne and recently purchased a near new Xerox Docucentre photocopier from a company called <removed> located in NSW. We found the company on eBay and after some negotiations, we agreed to purchase the machine from them on the basis that that they would include delivery to Melbourne in the sale price. Only now do we realise that we should have paid for the machine using PAYPAL for their dispute resolution platform.
They seemed like a reputable company to deal with, they sent us an invoice quickly and we paid the full purchase price by EFT direct to their bank.
I asked them if we could withhold 50% of payment until delivery so we could be sure that the machine would arrive in working condition free of any cosmetic damage etc. They explained to us that they cannot ship interstate unless paid in full – it seemed like a good deal overall and we felt to be dealing with a reputable company specialising in copier sales, so we proceeded with the purchase.
We expected the delivery of the machine would follow within the next 7 days, but after a week we called them to check on status. We were told the delivery company had been chosen and they provided a consignment number to us.  A week later I called the delivery company and they explained to us that they had not even collected to the machine from <removed> as yet. I called <removed> and they blamed the transport company for not collecting the machine yet...we started to get a bad feeling and contacted <removed> again to ask for an immediate update on the status of the machine delivery. We had become quite nervous as now 2 weeks had passed and the machine had not even been picked up by the transport company. So we found oursleves dealing with the seller and the sellers transport company and neither of them could give us any diffinitive information about the status of our copier delivery (paid in full 2 weeks earlier).
3 weeks later we expected the machine to arrive and still nothing, we called Officetetx and this time we requested a full refund as we had paid for the machine 3 weeks ago and still no sign of the machine. The next day the machine finally arrived wrapped in bubble wrap. We used a trolley to remove the machine from the truck and unwrapped the machine to check for visual signs of damage and the machine seemed to be in undamaged condition – so we signed the delivery receipt.
A week later when our fit out was complete we moved the copier into its new home and switched it on – An error message came up!
We called <removed> immediately and explained that we just turned on the machine for the first time and told them the error message we were seeing. They instructed us to start removing panels and unscrewing parts in searching for clues to the problem. I think the rep genuinely wanted to try and resolve the problem for sure – but in the end he explained that we may need to get a service technician on site to fix the copier to remove the error message – To avoid any doubt – we cant use the machine at all with this error message and I don’t even know if the copier works or not.
I sent sms to <removed> to ask if they would be arranging a technician to visit us to rectify the problem the next day or if they would agree to reimburse the cost if we arranged an on-site technician service call. <removed> said it’s a service item we are not responsible for servicing the machine. They explained that as we signed the delivery receipt, so on that basis they were no longer responsible for any claims. Do they really think that we received the copier from their transport company, spend 30 mins unpacking the machine and then plugged it in and started testing the copier, scanner and printer all before we signed the delivery receipt. We signed to say we received the machine – not that it works – its meant to be a demo from Xerox with only 40,000 on the counter, its wasn’t a cheap purchase.
I don’t even know if this machine even works at all. Is it fair that a company should be able to say that once you sign a truck drivers delivery receipt that they are completely absolved from any responsibility towards the machine being functional?
Has anybody else had a similar experience with this type of scenario? Any advice on where to go from here, surely they shouldn’t be allowed to do this right? Anybody suggest a copier technician located in Melbourne?

[book-of-hezekiah]

hi klicker88

Just caught up with your post.

It's been a long time since I've had to think about a situation like this so unfortunately I can only offer guesses and half-remembered stuff that is probably out of date.

Hopefully this reply will give you a bump and others in the know can give an opinion.

So, here goes - I think that when an item is purchased from an Australian business, even with the item being second-hand, if the item is discovered to be not fit for purpose then the purchaser is entitled to some form of remedy so as not to be out of pocket.  I can't remember whether or not signing for the package agrees that the item is fit, but the code regarding acceptable quality says "A consumer is not entitled to a remedy if they had an opportunity to examine the goods before purchase and did not find defects that they should have noticed."  http://www.fairtrading.nsw.gov.au/ftw/Businesses/Selling_goods_and_services/Consumer_guarantees/Acce... that looks like I'm contradicting myself... so now I'm really* not sure!

From what you described, it sounds like an option could be getting two or three quotes from reputable repair companies (including Fuji Xerox if you have an office within 50km of yours) and submit them to your seller for them to pay for the repair.

I'm not sure if you are covered under Fair Trading NSW http://www.fairtrading.nsw.gov.au or Consumer Affairs Victoria http://www.consumer.vic.gov.au/businesses/fair-trading

Getting Fair Trading involved is usually a last resort.

I hope you can come up with a good solution.

[kopenhagen5]

Yes had similar experience and quickly learnt to treat ebay similarly to a Trading Post.

An expensive purchase needs to be looked at first before handing over cash.

If you can't find one near your location to inspect before buying, forget the possible saving as it may cost you.

In this scenario I would be pushing for a part refund to cover the cost of repair once you have it quoted by a reputable service company.

Sincerely good luck.

[klicker88]

The latest update. We asked Xerox to visit and agreed to pay $300 (they need to be paid before they will come). The Xerox technician said the machine can not be fixed and its evident that there is significant internal damage to the machine (effectively stating the cost to fix would be greater than the value of the machine). He said its a write-off. We are continuing to discuss our cliam with the eBay store "no1officemachines" to claim a refund for the machine - to date they are refusing to accept any responsibility or to agree to a refund. WE have been sold a machine from this registered store on Ebay for $3600 and it simply doesnt work. We are progressing with NSW Fair Trading, the case manager there advised that we have a very good chance to be succesful in our claim for a full refund from this seller. We are trying to get the seller to refund ahead of pressing forwar with a ful claim. But we will off course do this on principle if the vendor does not refund the price in full.

Thank you for taking the time to offer your thoughts and feedbcak. It's really appreciated.