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  • #974837
    BelindaJaneVideo
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    • Total posts: 17
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    Help Required,

    I run a small business printing booklets for Funeral services. These items are normally very last minute, with funerals being arranged in such short time, and therefore it doesn’t give us much time to get approval and print.

    My problem is, l’m currently in a battle with the company who leased me the most unrealiable printer for our production printing.

    In the last 11 months it’s had 26 service calls, where the machine is unusable and l am required to outsource my printing to Officeworks. The quality is also very substandard with many jobs required to be reprinted, therefore causing a lot of waste.

    I have written letters, sent emails, text messages, but they don’t respond and honestly don’t really care. They have made none or little effort to resolve the issue and again, last night my machine broke down at 10pm, with still 150 booklets to be printed for Funeral services in the morning.

    I emailed the sales guy and also the Head Technician at their company and they read the emails, but again didn’t respond. Just sent a technician that wandered in, fixed the printer (same error we’ve had for the past 6 months) and left.

    I wrote an official letter on the 1st of June, stating they had 2 weeks to remove the machine, refund lost money for reprinting and a few other demands, but again they didn’t respond.

    This has caused a huge amount of stress and loss of profit while the machine is broken and not printing.

    I’d like to speak to a Lawyer to find out whether l can get out of my lease / finance agreement, so l can organise a more reliable machine and give this other company the boot !!!

    When signing the agreement, l was also promised this machine was the right one for me, but l have been advised by the Printing manufacturer, that l have been sold the wrong machine.

    If someone can let me know what my options are and what the charges are going to be, l’d really like to resolve this issue, once and for all !!!

    I look forward to hearing from you soon,

    Kind regards,

    _____________________________________
    Belinda Jane Video Productions
    Video Production & Printing Services
    Belinda J. Bowey
    Executive Director
    P: 03 9515 0420
    F: 03 8679 4464
    M: 0417 560 757
    E: [email protected]
    W: http://www.BelindaJaneVideo.com
    Facebook: http://www.facebook.com/BelindaJaneVideo

    #1070648
    JohnW
    Member
    • Total posts: 2,642
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    Hi Belinda,
    I gather you reside in Melbourne. Is that correct?

    Folk here will need to know that so they can offer you relevant referrals.

    Regs,
    JohnW

    #1070649
    Anonymous
    Guest
    • Total posts: 11,464
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    Hi Belinda Jane

    You may find someone to help you in our directory, but we’ll also put a shout out on Facebook and Twitter for you and see if we can rustle up some recommendations for you.

    Hang tight,
    Jayne

    #1070650
    IT Advocate
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    • Total posts: 195
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    This sounds like ‘fit for purpose’. If you speak to your state Business and Consumer Affairs Office they should be able to provide some help getting out of your lease.

    I don’t think they will be able to assist in damages, you will need a lawyer for that.

    I’m not a lawyer but have assisted in this type of thing before, if you can

    a) prove your initial device requirements that were sent to the vendor, with your intended usage and what the machine has to do for your business, then

    b) based on these requirements obtain paperwork from the manufacturer that the device is unsuitable

    If you get both the above you can show the vendor incorrectly recommended an unsuitable device. Their recommendation is unsuitable (as proven by manufacturer) and therefor vendor should be liable/responsible.

    As I said, I’m not a lawyer , seek professional advice. But this might help.

    #1070651
    Supa
    Member
    • Total posts: 4
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    Belinda,

    You can speak to Jeremy Quah from HolmanWebb Lawyers.

    Holman Webb – Melbourne Office

    Level 15 Bourke Place
    600 Bourke Street Melbourne 3000
    DX 194 Melbourne
    Phone +61 3 9691 1200
    Fax +61 3 9642 3183

    Just let him know I referred you. I’m based in Sydney.

    All the best.

    #1070652
    JacquiPryor
    Member
    • Total posts: 2,344
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    Hi Belinda,

    This may sound a silly question – is the company you purchased from initially an Australian company? (I understand they have sent out technicians, but are they registered here?)

    If they are not in Australia then you may find that you need to consult with a lawyer in their country of trade as well as here.

    Definitely try Consumer Affairs and/or investigate the complaints process with the ACCC as well.

    Also, try http://www.legalaid.vic.gov.au – they will provide a one off advice session at no charge and may be able to answer your initial questions of what can be done, where you need to go etc.

    Good luck!

    #1070653
    kathiemt
    Member
    • Total posts: 1,167
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    I’ve contacted my business lawyer friend to see if this is something his practice could look after. He’s in south east Melbourne.

    #1070654
    BelindaJaneVideo
    Member
    • Total posts: 17
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    Thank you all, l’ve spoken to a lawyer and the ball is rolling !!!

    I don’t wish to claim damages, l just want out of the contract and lease agreement, so l can purchase a suitable machine and continue working.

    I have plenty of documentation to support me, so hopefully l can get this situation sorted and resolved once and for all.

    Thanks all for your replies.

    Belinda

    #1070655
    Danielle Hanalla
    Member
    • Total posts: 1
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    Hi Belinda

    Good luck with the battle.
    We bought a competitor’s business a few years ago and he was awful like your supplier’s company sounds.
    Some of the clients threatened to put the copiers in the street and leave them there :). He picked them up, but I am not sure that is the best option!
    If you need advice from us (we are in Melbourne too), on a better printer for next time (if they give you choice of replacing it with another printer), we know all the ins and outs to making sure it’s a good economical choice. A small Kyocera printer with duplex might suffice as a backup in case the battle drags out. Our advice will be free and there’s no need for you to buy anything from us, I simply feel for your situation.

    Danielle

    #1070656
    BelindaJaneVideo
    Member
    • Total posts: 17
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    Thanks Danielle,

    Currently the small Kyocera is what’s giving us the problems !!!

    Can you please send me more information about your printers, as l’d be very interested to hear about it…

    If there wasn’t such a large step up into the pool, the printer would be in there !!!

    Happy for you to email me directly at [email protected]

    #1070657
    kathiemt
    Member
    • Total posts: 1,167
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    I can highly recommend Danielle’s services. She and her husband have looked after me and are fantastic.

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