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Warranty and Compatible ink for Secap DP1100 Digital Mailing System

Published: July 4, 2009

Question:
We purchased a SECAP DP1100 DIGITAL MAILING SYSTEM (which apparently is also sold by Pitney Bowes DM1100) from XXXXXXX XXXXXXX.  Recently, we purchased a 766-8 compatible meter cartridge for the system, from your company, for the substantial savings over the original.   We were having some print quality issues and asked for a service technician to come out and look into the problem.  When he finally showed up, X days later, he informed us that it needed a new print head, he would order one, but it would not be covered under the factory warranty because we were not using original OEM ink.   To which we explained, that we had yet to use anything but the original 766-8 ink cartridge, and the Compatible cartridge was sitting there as a backup.   And if it were going to void our warranty, we would return the compatible cartridge.

A) Would it void our warranty?

B) If it will void our warranty, why don’t you post a disclaimer explaining this and warning your customers?

(* X’s were used to remove unnecessary information and protect their rights)

Answer:

A) NO! Legally the use of Compatible Supplies Cannot Void Your Manufacturer Warranty!! (See the legal details below.)

However, you should play it safe and only purchase compatible cartridges that have a warranty, and even better, one that takes it to the next level, and back it with an offer to cover the repair costs, in the off chance that product does damage your machine. An example of this would be the compatible postage meter cartridges sold by Supplies For Mailers. (Details available on our website http://suppliesformailers.com) We say this because most meter compatibles on the market offer some kind of basic warranty. But almost all of them are, well, simply hollow, and only offer to replace the cartridge in the event there is a problem. Some will just refund your money. Which means little to you after the fact when you are faced with a big bill for the service call and repair. So Buyer Be Ware! There are a lot of replacement cartridges out there for almost every postage meter known to man, but most of them have warranties with NO Backbone and do not meet the USPS®’s requirements for fluorescence.  Read and understand your warranty before purchasing. It is possible to save a lot of money in ink, with little to no risk!

The legal ease of it all:

MAGNUSON-MOSS

Warranty Improvement Act

United States Code Annotated

Title 15 Commerce and Trade

Chapter 50 Consumer Product Warranties 15 Section 2302

(c) No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer’s using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade or corporate name; except that the prohibition of this subsection may be waived by the Commission if:

1. The warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and

2. The Commission finds that such a waiver is in the public interest.

How This Affects You!

The use of our printer cartridges does not void your printer warranty. The manufacturer of the printer you are using cannot void the warranty on your printer because you use a cartridge or refill kit manufactured by someone other than the printer manufacturer. This prohibition includes the use of compatible cartridges and re-manufactured cartridges.

U.S. law also prohibits the manufacturers of your equipment from requiring the use of OEM ink or toner or charging extra fees if you use products other than OEM products with their equipment. Those requirements and / or fees are in violation of existing anti-trust acts:

The Sherman and Clayton Antitrust Acts

(see also: Supreme Court decision: IBM vs. The United States 1936)

IBM vs. The United States

(The Sherman and Clayton Antitrust Law)

The Supreme Court (IBM vs. The United States) held that IBM could not threaten customers with termination of their data processing equipment leases just because they did not use supplies manufactured by IBM. Such practice constituted a tying agreement and was found to be in violation of the Sherman and Clayton Antitrust Law.

How This Affects You!

Free choice of vendor allows for competition and keeps prices affordable. Your printer/postage meter manufacturers and affiliates are aware of lower priced supplies. Threatening to void warranties and add additional service call charges for the use of compatible ink or toner are their way of trying to limit competition and / or avoid backing their warranty. Save this information to protect yourself against these illegal actions.

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